Terms of Service and Conditions
All contents copyright © 2011 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.
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.
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.
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,
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.
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
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.
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
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.
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.