Terms of Service – mEyeFi Media

The following Terms of Service (“TOS”) governs the use The mEyeFi Media™ website (“mEyeFi Website”). These TOS apply to all users of the mEyeFi Website, including users who are also contributors of content, information, and other materials or services on the mEyeFi Website. The mEyeFi Website includes, but is not limited to, all products, functionalities, software and services offered through the mEyeFi Website.

You must agree to these TOS if you want to use the mEyeFi Website.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are at least 13 years of age. If you are 13 or older but under the age of 18, you affirm that you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS. If you are under 13 years of age, then please do not use the mEyeFi Website.

YOUR ACCEPTANCE

By using the mEyeFi Website and its services, you signify your agreement to these TOS. If you do not agree to any of these terms, please do not use the mEyeFi Website.

PRIVACY

Your privacy is important to us. The mEyeFi Media™ Online Privacy Policy can be reviewed at http://www.meyefi.com/privacy/. If you do not agree with the terms of the mEyeFi Media™ Online Privacy Policy, incorporated herein by reference, please do not use the mEyeFi Website.

RIGHTS AND RESPONSIBILITIES

mEyeFi Media™ hereby grants you a limited license to access and display the mEyeFi Website, for personal use only, as set forth in these TOS. You agree not to modify or distribute in any medium any part of the mEyeFi Website or its contents, without prior written authorization from mEyeFi Media. You agree not to use the mEyeFi Website for any commercial use, including, but not limited to, the sale of access to the mEyeFi Website or its related services on a third-party website or service; use of the mEyeFi Website or its related services, for the primary purpose of gaining advertising or subscription revenue; the sale of advertising on the mEyeFi Website or any third-party website, and any other use of the mEyeFi Website or its related services that mEyeFi Media™ finds, in its sole discretion, uses resources to compete with or displace the market for the mEyeFi Website or its related services. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access, acquire, copy or monitor any portion of the mEyeFi Website. Notwithstanding the foregoing, mEyeFi Media™ grants the operators of public search engines permission to use spiders to copy materials from the mEyeFi Website for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials. mEyeFi Media™ reserves the right to revoke these exceptions, either generally or in specific cases. You agree not to collect or harvest any unauthorized information or gain any unauthorized access, including account names, from the mEyeFi Website, by hacking, or any other improper means. In your use of the mEyeFi Website, you will otherwise comply with these TOS and all applicable local, national, and international laws and regulations. mEyeFi Media™ reserves the right to discontinue any aspect of the mEyeFi Website at any time without prior notice.

USER ACCOUNTS

In order to access some features of the mEyeFi Website, you will have to create a user account. You may not use another user’s account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your user account password secure. You must notify mEyeFi Media™ immediately of any breach of security or unauthorized use of your user account.

Although mEyeFi Media™ will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses incurred by mEyeFi Media™ or others due to such unauthorized use.

CONTENT

The content on the mEyeFi Website, including without limitation, the text, software, scripts, graphics, photos, sounds, audio clips, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to mEyeFi Media™ subject to copyright and other intellectual property rights under the law. Content on the mEyeFi Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. mEyeFi Media™ reserves all rights not expressly granted in and to the mEyeFi Website and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the mEyeFi Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the mEyeFi Website.

USER SUBMISSIONS- SHARING OF CONTENT AND INFORMATION

As a mEyeFi account holder, you may post reviews, comments, photos, and other content, and submit ideas, suggestions, questions, comments, or other information (“User Submissions”). You understand that whether or not such User Submissions are published, mEyeFi Media™ does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize mEyeFi Media™ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the mEyeFi Website and these TOS.

By submitting User Submissions to the mEyeFi Website, you hereby grant mEyeFi Media™ a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the mEyeFi Website and mEyeFi Media’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the mEyeFi Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the mEyeFi Website a non-exclusive license to access your User Submissions through the mEyeFi Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the mEyeFi Website and under these TOS. The above licenses granted by you in User Submissions are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant mEyeFi Media™ all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to mEyeFi’s guidelines, or contrary to applicable local, national, and international laws and regulations, including, but not limited to, material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.

mEyeFi Media™ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Submission from the mEyeFi Website and terminating the user account of such violators.

mEyeFi Media™ does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and mEyeFi Media™ expressly disclaims any and all liability in connection with User Submissions. mEyeFi Media™ does not permit copyright-infringing activities and infringement of intellectual property rights on the mEyeFi Website, and will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. mEyeFi Media™ reserves the right to remove content and User Submissions without prior notice.

You understand that when using the mEyeFi Website, you may be exposed to User Submissions from a variety of sources, and that mEyeFi Media™ is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. All User submissions are “AS-IS.” You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against mEyeFi Media™ with respect thereto, and agree to indemnify and hold mEyeFi Media™ its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the mEyeFi Website.

SHARED LINKS AND THIRD PARTY CONTENT

The mEyeFi Website may contain links to third-party websites that are not owned or controlled by mEyeFi Media™. mEyeFi Media™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, mEyeFi Media™ will not and cannot censor or edit the content of any third-party site. By using the mEyeFi Website, you expressly relieve mEyeFi Media™ from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to review the terms and conditions and privacy policy of such third-party websites.

ACCOUNT TERMINATION

mEyeFi Media™ will terminate a user account, if, in mEyeFi Media’s sole discretion, a user is determined to be in violation of these TOS or otherwise acting improperly.

mEyeFi Media™ reserves the right to decide whether content or a User Submission is appropriate and complies with these TOS for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. mEyeFi Media™ may remove such User Submissions and/or terminate a user account for violation of these TOS at any time, without prior notice and in its sole discretion.

PRICING AND PAYMENTS

All prices displayed on mEyeFi Website are quoted in U.S. Dollars and are valid and effective only in the United States. In order to purchase music or other content on the mEyeFi Website you will be required to create a mEyeFi user account and a PayPal account to submit payment. We encourage you to review the PayPal User Agreement available at www.paypal.com before creating a user account.

DISPUTE RESOLUTION OF COPYRIGHTED MATERIAL

If you are a copyright owner or an agent thereof and believe that any content available on the mEyeFi Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing mEyeFi Media’s Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Description of where the copyrighted work claimed to have been infringed is located on the mEyeFi Website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief the complained of use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

mEyeFi Media’s Copyright Agent to receive notifications of claimed infringement is:

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to mEyeFi Media™ customer service at support@meyefi.com.

GENERAL

You agree that: (i) the mEyeFi Website shall be deemed solely based in the State of New Jersey, U.S.A.; and (ii) the mEyeFi Website shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, in jurisdictions other than the State of New Jersey. These TOS shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and mEyeFi Media™ that arises in whole or in part from your use of the mEyeFi Website shall be decided exclusively by a court of competent jurisdiction located in the State of New Jersey. These TOS, together with the Online Privacy Policy and any other legal notices published by mEyeFi Media™ on the mEyeFi Website, shall constitute the entire agreement between you and mEyeFi Media™ concerning the mEyeFi Website. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any term of this these TOS shall be deemed a further or continuing waiver of such term or any other term, and any failure by mEyeFi Media™ to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. mEyeFi Media™ reserves the right to amend these TOS at any time and without notice, and it is your responsibility to review these TOS for any changes. Your use of the mEyeFi Website following any amendment of these TOS will signify your assent to and acceptance of its revised terms.

AMENDMENTS

Although we may attempt to notify you when major changes are made to these TOS, you should periodically review the mEyeFi Website for the most up-to-date version of these TOS. mEyeFi Media™ may, in its sole discretion, modify or revise these TOS and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TOS shall be deemed to confer any third-party rights or benefits. The TOS will remain in full force and effect while you use the mEyeFi Website and/or your user account.

ASSIGNMENT

These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mEyeFi Media™ without restriction.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE MEYEFI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEYEFI MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MEYEFI WEBSITE AND YOUR USE THEREOF. MEYEFI MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE MEYEFI WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE MEYEFI WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MEYEFI WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MEYEFI WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MEYEFI WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEYEFI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. MEYEFI MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEYEFI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEYEFI MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NON-UNITED STATES RESIDENTS

The mEyeFi Website is controlled and offered by mEyeFi Media™ from its facilities in the United States of America. mEyeFi Media™ makes no representations that the mEyeFi Website is appropriate or available for use in other locations. Those who access or use the mEyeFi Website from other jurisdictions do so of their own volition at their own risk and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless mEyeFi Media™, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the mEyeFi Website; (ii) your violation of any term of these TOS; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that any action taken by you or your user account, including but not limited, the posting of any content or materials on the mEyeFi Website, caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the mEyeFi Website.