Effective date: December 28, 2018.
You must be at least 13 years old to use the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EYECYOU NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WE DON’T MAKE ANY COMMITMENT ABOUT THE DELIVERY OF THE ANALYSIS FOR YOUR SUBMITTED IMAGES. EYECYOU USES THE FREE LICENSE VERSION OF THE THIRD-PARTY APIS FOR FACIAL ANALYSIS. HENCE, THERE IS A LIMIT TO THE AMOUNT OF ANALYSIS THAT CAN BE PERFORMED. WHEN THE PROVIDED LIMIT IS REACHED, THE ANALYSIS WILL NOT BE PERFORMED. HOWEVER, THIS WILL CHANGE ONCE AN UPGRADE IS DONE OR IF WE DECIDE TO SWITCH TO OTHER SERVICES.
NEVER USE EYECYOU IN ANY EMERGENCY OR DANGEROUS SITUATION. IF YOU PERCEIVE DANGER, CALL 911 OR THE APPROPRIATE AUTHORITY IN YOUR CITY FOR HELP.
DO NOT BASE ANY MAJOR DECISION ON THE REPORT GIVEN BY EYECYOU. THIS IS A FOLLOW-UP TERM FROM 3 ABOVE.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or the developers.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Service users.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device.
You must not submit images with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if you have save database for face recognition).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to remove any images from our databases for any reason. For example, if any images violate our policies or have explicit content.
We reserve the right to have a royalty free use of any of the images taken.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the developers are not responsible or liable for the conduct of any user. The developers reserve the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. You expressly acknowledge and agree that the developers are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if the developers have not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the developers Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with the developers’ express consent).
You agree that there is no legal or contractual relationship or obligation between you and the developers for whatever reason by using the Service.
In the future, some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the developers may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service name and logo are trademarks of EyeCYouTech, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EyeCYouTech. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EyeCYouTech, and may not be copied, imitated or used, in whole or in part, without prior written permission from EyeCYouTech.
Although it is developers' intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, developers reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by developers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, developers encourage you to maintain your own backup of your Content. In other words, EyeCYou is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. The developers will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is the developers’ policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, the developers do not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that the developers are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will disable your access to the service.
Disclaimer of Warranties
SERVICE, INCLUDING, WITHOUT LIMITATION, EYECYOU CONTENT, IS PROVIDED
ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
EYECYOU NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS,
OFFICERS OR AGENTS (COLLECTIVELY, THE "EYECYOU PARTIES")
MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE
EYECYOU CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH
THE TRANSMISSION OF INFORMATION TO EYECYOU OR VIA THE SERVICE. IN
ADDITION, THE EYECYOU PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM
FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE EYECYOU PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
NO CIRCUMSTANCES WILL THE EYECYOU PARTIES BE LIABLE TO YOU FOR ANY
LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY
DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO: (A) THE SERVICE; (B) THE EYECYOU CONTENT; (C) USER
CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE
SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
THE EYECYOU PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR
ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G)
ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE
TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR
TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY
BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE
EYECYOU PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
IN NO EVENT WILL THE EYECYOU PARTIES BE LIABLE TO YOU OR ANYONE ELSE
FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR
PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT IN THE EVENT YOU INCUR
ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EYECYOU' ACTS OR
OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR
SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY
EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER
CONTENT OWNED OR CONTROLLED BY THE EYECYOU PARTIES, AND YOU WILL HAVE
NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION,
DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB
SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR
CONTROLLED BY THE EYECYOU PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS.
EYECYOU IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
information provided within the Service is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject the Developers to any registration
requirement within such jurisdiction or country. We reserve the right
to limit the availability of the Service or any portion of the
Service, to any person, geographic area, or jurisdiction, at any time
and in our sole discretion, and to limit the quantities of any
content, program, product, service or other feature that the
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.