Terms of Service and Conditions

Terms of Service and Conditions


All contents copyright © 2014 eyeMe, LLC. All rights reserved.

No portion of this service may be reproduced in any form, or by any means, without prior written permission from eyeMe, LLC.


Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement is a legally binding contract between (you “You” or "Your Organization") and eyeMe, LLC (eyeMe, "We" or "Us") regarding Your access to and use of the eyeMe web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. eyeMe reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. eyeMe will also communicate changes through the e-mail account on record at the time, however; It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change)constitutes Your agreement to follow and be bound by the terms and conditions as changed.

eyeMe allows users to create and share user generated content. By using or accessing the eyeMe website, you agree to the terms and conditions set forth below.


Your Conduct

You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (1) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (2) infringes any third party's intellectual property; or (3) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (3) impersonate any person or entity, including, but not limited to, a eyeMe, LLC official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (4) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is strictly prohibited.

eyeMe reserves the right to protect our business and members from users who fail to act in good faith. Where our database indicates that a customer has downloaded our software or has likely taken advantage of our products, We will take appropriate measures to remove the user from eyeMe and take other legal measures available.


Proprietary Rights Restrictions

All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by eyeMe or other parties that have licensed their material to eyeMe and is protected by copyright, trademark and/or other intellectual property laws. eyeMe disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either eyeMe or other third parties. You agree not to display or use such marks without written permission from eyeMe or the appropriate party. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the services offered by eyeMe requires an e-mail address. You, as a User are solely responsible for using your own email address to gain authorized access! You also agree not to disclose or otherwise disseminate your user email address to gain unauthorized access, except as may be specifically required by law. Unauthorized access to the service is a breach of this agreement and a violation of law. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the eyeMe or any third party's intellectual property rights, whether by implication or otherwise. eyeMe, LLC Services eyeMe makes no claim to ownership or other control or rights to any software recommended by eyeMe or its agents. All software recommendations refer to either "Freeware" or software that is otherwise available without charge to individuals at large for specific purposes. None of the charges assessed to members of eyeMe entitle You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. The fees and charges assessed by eyeMe, LLC represent annual Premium Account fees if elected by the user. eyeMe users may cancel and close their account at any time.


Links to Other Web Sites

This Site may produce automated search results or otherwise link You to other sites on the Internet. If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of eyeMe, LLC and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of eyeMe, LLC, and You acknowledge that eyeMe, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by eyeMe, LLC or any association with its operators. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.


Permissions and restrictions

eyeMe grants you permission to access and use the website as set forth in this document under the following provisions:

  • No spam is allowed.
  • Collection of user’s content or information using automated capability is not allowed without permission from eyeMe.
  • Malicious code or viruses are not allowed to be uploaded to eyeMe.

  • Harassment, intimidation or bullying of any registered user is not allowed. A user who is determined as a threat to any other user will be removed from eyeMe.
  • No posting of content that violates or infringes upon another user’s rights.
    • No distribution of any part of the service or content is allowed without prior written authorization from EMB.
    • No alteration or modification of any part of the service is allowed.
    • Permission must be obtained from eyeMe for any of the following uses:
      • The sale of access to the service;
      • The sale of advertising, sponsorships or promotions placed on or within the service or content; or
      • The sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing content delivered via the service.

Your Content, Account Security and Safety Precautions

All content and information posted and/or uploaded to eyeMe is owned by the user. Please read your privacy policy to ensure appropriate decision making regarding your entries and/or uploaded material to eyeMe. You agree to the following:

  • Not to register with and/or use eyeMe if you are under the age of 12 years old with the consent and involvement of a parent or guardian.
  • Provide truthful information when registering with eyeMe.
  • To retain your login and password in a safe and secure manner.
  • Not to submit content that is determined as unacceptable. Unacceptable content includes but is not limited to pornographic, nudity, violent, hateful or data of a vulgar nature). Such material is not allowed. eyeMe reserves the right to remove any all content that is offensive in nature and violates the rights of their users. eyeMe also reserves the right to report unacceptable content or behavior to the proper authorities. eyeMe accepts no liability for situations that may arise from the misuse of its website.

Disclaimer of Warranties

The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk. eyeMe, LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, eyeMe, LLC IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. eyeMe, LLC DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.


Limitation of liability

eyeMe, LLC AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. eyeMe, LLC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF eyeMe, LLC's SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE eyeMe SITE/SERVICE/SOFTWARE.

THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.


Indemnification

You agree to indemnify, hold harmless and release eyeMe, LLC, its directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.

Last updated February 12, 2011


Changes to the Service

We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. Parts of this Site are currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by eyeMe, LLC at any time. Any such changes will be posted on the Site and communicated through the e-mail account on record at that time. Your continued use of the Site shall be deemed acceptance of any modifications.


Cancellation

In the unlikely event that it becomes necessary for you to deactivate your account with eyeMe, You may cancel Your account at any time subject to the terms and conditions of this Agreement. If you have selected a Premium account it will continue until the end of the cycle (i.e. , the cycle for a one year account ends 365 days from the day that Premium account started) and at that time, Your account (including your unique user identification (e.g., email address) will become inactive. Once you submit your request for a Premium account, it is nonrefundable. Only in cases of fraud will the payment be refunded. This policy is in place due to an abuse of credit card chargebacks and theft of information. All requests for refunds due to fraud MUST be made in writing and sent to eyeMe.


Failure to Abide by these Terms

eyeMe, LLC may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that eyeMe; LLC shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.


Miscellaneous

This Terms of Use constitutes the entire agreement between you and eyeMe, LLC with respect to the App or Site. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE . THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND eyeMe, LLC. Contact us at info@eyeMeApp.com for any questions.

Privacy Policy


eyeMe collects the following types of information:

  • Upon registration, we ask you for personal information (such as your name, email address, date of birth and an account password).
  • Cookies may be sent to your computer or other device that identifies your browser. These cookies are used to improve the quality of our service which includes storing user preferences, improving search results and tracking user trends.
  • eyeMe may also keep logs of your access to our services. The logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may identify your browser.
  • Communications sent to eyeMe via the website or other methods may be retained in order to process the inquiry.

This Privacy Policy applies to eyeMe services only. eyeMe processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

  • Providing our services, including the display of customized content and advertising;
  • Auditing, research and analysis in order to maintain protect and improve our services;
  • Ensuring the technical functioning of our network;
  • Protecting the rights or property of eyeMe or our users; and
  • Developing new services.

eyeMe has created privacy settings that will allow users to determine what content they want to share on the site. Users can select to share some of their created content while deciding to keep other content private. In addition, we have created options to limit the ability of a user being located in a search.

We will not collect or use sensitive information for purposes other than those described in this Privacy Policy unless we have obtained your prior consent. We will not retain any credit card information or automatically bill for Premium Account services on a recurring base.

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to eyeMe employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Please feel free to direct any questions or concerns regarding this Privacy Policy or eyeMe’s treatment of personal information by contacting us through this web site. eyeMe will contact the inquiring user regarding his or her concerns to resolve any concerns.

This Privacy Policy may be amended on occasion. Minor changes made will be posted on this page. Major changes made will be provided in your account Inbox and on this page.

Last updated June 2012