1. ACCEPTANCE OF TERMS
The usage of Infinishare Technologies ('Infinishare') - holding company of MultiEyeVision - hereinafter 'Infinishare') software and services is subject to the following Terms of Service ('TOS'), which may be updated by us from time to time without notice.
2. INFINISHARE / MULTIEYEVISION SOFTWARE AND SERVICE
Infinishare provides users with a service that can be used to view pictures captured by a mobile camera from their computers over the Internet. All existing
features and any new feature included in Infinishare's software or service will be
subject to these TOS. You understand and agree that the Software and Service is
provided 'AS-IS' and that Inifnishare assumes no responsibility for the timeliness,
availability, mis-delivery or failure to access pictures at any time or store any user data or settings. You are responsible for obtaining access to the Software and Service, and that access involves third-party fees (such as Mobile service provider data charges or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service including the mobile phone and the copmputer.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age
to form a binding contract and use this service and that you are not a person barred
from receiving services under the laws of applicable jurisdiction. You agree to provide
true, current and complete information about yourself if asked.
4. INFINISHARE PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the purchase. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Infinishare of any unauthorized use of your password or account or any other breach of security. Infinishare cannot and will not be liable for any loss or damage arising from your use of the Software or Service.
You understand that all data, pictures, photographs, graphics, video, messages, tags or other materials ('Content'), whether
publicly shared or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not Infinishare are entirely
responsible for all Content and images that you capture, transmit or otherwise make available
via the Software and Service. Infinishare does not control the Content and images shared via the Software & Service and, as such, does not guarantee the accuracy, integrity or quality of such Content / images. Under no circumstances will Infinishare be liable in any way for any Content / images including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a result of
the use of any Content shared, transmitted or otherwisemade available via Infinishare
Software and Service.
You agree to not use the Software or Service to:
- Capture, share, transmit or otherwise make available any Images or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Iimpersonate any person or entity, including, but not limited to, a Infinishare representative;
- Capture, share, transmit or otherwise make available any Images or Content that you do not have a right to capture or make available under any law or under contractual relationships;
- Capture, share, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ('Rights') of any party;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law,
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by any jurisdiction as a terrorist organization;
You
acknowledge that Infinishare may or may not pre-screen Images or
Content, but that Infinishare and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen or
refuse any Images or Content that is available via the Service.
You acknowledge, consent and agree that Infinishare may access,
preserve and disclose your account information and Content if required
to do so by law.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Infinishare and/or content providers who provide content
to the Service. You may not attempt to override or circumvent any of
the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of
the materials provided on the Service, in whole or in part, is strictly
prohibited.
When you register with Infinishare you acknowledge that in using
Infinishare software and services to send electronic communications,
you will be causing communications to be sent through computer
networks, portions of which may be located in countries and
jurisdictions other than your own. Accordingly, by agreeing to this
Terms of Service, you acknowledge that use of the service results in
such data transmissions. You also agree to comply with all applicable
laws regarding the transmission of technical data exported from the the
country in which you reside.
7. INDEMNITY
You agree to indemnify and hold Infinishare and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Images or
Content you capture, submit, share, transmit or otherwise make
available or obtain through the Software and Service, your use of the
Service, your connection to the Service.
8. NO RESALE OF SERVICE
You agree not to sell, trade, resell or exploit for any commercial
purposes, any portion of the Software or Service without the prior
written permission of Infinishare.
9. GENERAL LIMITS ON SERVICE
You acknowledge that INFINISHARE may establish general practices and
limits concerning use of the Service, including without limitation the
maximum amount of data that may be shared using the service, the
maximum number of images that may be hosted or stored using the
service, the mximum size of a file that may be transmited using the
service, the maximum number of days that service may be provided to a
registered account, the maximum number of times you may access the
service in a given period of time, the maximum number of days that an
inactive account may be maintained. You acknowledge that Infinishare
reserves the right to log off or terminate any accounts at any time.
You further acknowledge Infinishare reserves the right to modify these
general practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
Infinishare reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service Software
(or any part thereof) with or without notice. You agree that
Infinishare shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that Infinishare may, under certain circumstances and without
prior notice, immediately terminate your access to the Service without
assigning any reason whatsoever. You agree that all terminations shall
be made in Infinishare's sole discretion and that Infinishare shall not
be liable to you or any third party for any termination of your account
or access to the Service.
12. PROMOTIONS
Infinishare may at its discretion include third-party promotional
material into the services offered. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that Infinishare shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Infinishare has no control
over such sites and resources, you acknowledge and agree that
Infinishare is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and
agree that Infinishare shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
INFINISHARE and its licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or
liable for any trading or investment decisions based on such
information.
14. INFINISHARE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ('Software') contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Infinishare or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
You will not (and will not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by Infinishare for use in
accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE
SOFTWARE AND SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE'
BASIS. INFINISHARE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS AND
NON-INFRINGEMENT.
b. INFINISHARE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SOFTWARE
AND SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE AND SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE AND SERVICE WILL BE
ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE
AND SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM INFINISHARE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFINISHARE AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF INFINISHARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SOFTWARE AND SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SOFTWARE AND SERVICE.
17. NOTICE
INFINISHARE may provide you with notices, including those regarding
changes to the TOS, by postings on its website.
18. TRADEMARK INFORMATION
The MULTIEYEVISION, MULTIEYEVISION logo, INFINISHARE,
INFINISHARE logo, are trademarks of INFINISHARE TECHNOLOGIES (the
'INFINISHARE Marks'). Without INFINISHARE's prior permission, you agree
not to display or use in any manner the INFINISHARE Marks.
19. GENERAL INFORMATION
This TOS constitutes the entire agreement between you and INFINISHARE
and governs your use of the Software and Service, superseding any prior
agreements between you and INFINISHARE with respect to the Software and
Service.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other INFINISHARE services,
affiliate services, third-party content or third-party
software.
The
TOS and the relationship between you and INFINISHARE shall be governed
by the laws of India without regard to its conflict of law provisions.
You and INFINISHARE agree to submit to the personal and exclusive
jurisdiction of the courts located in Pune, India.
The failure of INFINISHARE to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
20. VIOLATIONS
Please report any violations of the TOS to info@multieyevision.com.
Web site and all contents © Copyright Infinishare Technologies Pvt. Ltd., All rights reserved.
MultiEyeVision