TERMS OF SERVICE - EYEEM MOBILE GMBH

EyeEm.com is operated by EyeEm Mobile GmbH (EyeEm) based in Berlin, Germany. When accessing and using this website you are agreeing to the Terms of Service described in the following text. You warrant that you have fully understood these Terms of Service, you have the right, authority and capacity to enter this agreement and you acknowledge it to be legally bounding as a signed written agreement. At any time, EyeEm reserves the right to change, extend or remove parts of these Terms of Service. The most current Terms of Service can be accessed anytime at this page. If you do not agree to and fully understand these Terms of Service, please do not use EyeEm.com and the services offered on this page and do not register for an EyeEm account. If you have any questions, please contact us before using the website. Your continued use of EyeEm.com implies your acceptance of changes in these Terms of Service.

You must be at least 18 years old to register to or use the EyeEm services. This website contains user-generated content that may encompass violence, nudity of other mature subject matters. EyeEm does and can not filter and monitor the content created and viewed by its members and does not assume responsibility for this content. If you are below 18 years old, please do not use or register to EyeEm.com.

EyeEm reserves the right to (I) change, modify or discontinue, some or all of the services offered on this website, (II) restrict the timeframe of service availability, (III) decline user access to services without notice, (IV) restrict the amount of service available to individual users, (V) charge fees on using the service and (VI) offer individual service levels to individual users. EyeEm is not liable to modification, suspension or discontinuance of the services caused by third parties.

Basic Terms

You may not use the EyeEm site and or its services to transmit any content which:

• does not comply to the Terms of Services stated on this the website,
• infringes the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right,
• includes sexually explicit images or other content which is offensive or harmful to minors or harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
• includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
• makes us of a false name or identity or a name or identity that you are not entitled or authorized to use,
• contains any unsolicited advertising, promotional materials, or other forms of solicitation, contravenes any application law or government regulation.
• creates or submit unwanted email or comments to any EyeEm members ("Spam").

Violation of any of these agreements will result in the termination of your EyeEm account. While EyeEm prohibits such conduct and content on its site, you understand and agree that EyeEm cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the EyeEm service at your own risk.

General Conditions

We reserve the right to modify or terminate the EyeEm service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

PRIVACY POLICY

At EyeEm, we respect the privacy of our users and the importance of the information they entrust to us. We summarize below the basic information policies and practices in place on all EyeEm websites.

EyeEm is a photo sharing community which provides you with an easy way to post and share photos online, and add meaningful metadata and comments to photos. You do not need to be registered to search or view public photos on EyeEm, however you must be a registered member of EyeEm to post.

Information We May Collect

We may collect information that can identify you ("personal information"), such as your name and email address, (i) when you (or other users) provide it to us when using our website or in some other manner, or (ii) from other IAC businesses, from our business partners, and from other third parties. We may combine the personal information that we receive from different sources.

We also may collect other types of information in the following ways when you visit our website:

Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends.
We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.

Information Others May Collect

We may allow third-party advertising companies or ad networks to display advertisements on our websites.

We do not provide any personal information to these companies.
These companies may use tracking tools, such as cookies, to collect information about computers used to view or interact with their advertisements.

If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.

How We May Use Information We Collect

We may use information to:

• Fulfill your requests for products and services;
• Offer products and services that may be of interest to you;
• Process payment for products or services you order via our website;
• Customize the advertising and content that you see on our website;
• Facilitate use of our website;
• Manage your account and your preferences;
• Analyze use of and improve our website, products and services;
• Identify and protect against fraudulent transactions and other misuses of our website; and
• Enforce our Terms of Use.

With Whom We May Share Information We Collect

:

We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:

• Service providers, such as credit-card payment processors, performing services on our behalf;
• Other IAC businesses;
• Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our website or offline; and
• Other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users.
• We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.
  

YOUR CHOICES

You may choose:

• Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website;
• To stop receiving promotional emails or newsletters from us by sending an email to the contact address at the bottom of this policy or by clicking here;
• To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly;
• To review and update your personal information by contacting us at the email address below or, if you have an online account on our website, by logging into that account.

Security

We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

Changes to Our Privacy Policy

We may occasionally update our Privacy Policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will notify you by sending you an email to the email address you most recently provided to us and/or by prominently posting notice of the changes on our website.

Copyright / IP Policy

EyeEm respects the intellectual property of others, and we ask our users to do the same. EyeEm has no responsibility for content on other websites that you may find or access when using EyeEm's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of Germany and/or other countries. The terms of use of those websites, and not the EyeEm Terms of Service, govern your use of that material.

It is EyeEm's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of EyeEm and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide EyeEm for Notice with the following information (your "Notice"):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Yahoo! site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
  your address, telephone number, and email address;
  
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your truncated IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

How to Contact Us

If you have any questions about this summary, our Privacy Policy, or our information practices, please contact us by email or postal mail below:

EyeEm Mobile GmbH

Brunnenstrasse 9a
10119 Berlin, Germany

privacy@eyeem.com

©2011 EyEem Mobile GmbH All rights reserved.