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EyeFetch Terms of Use

Last Update: 20 September, 2006

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

General Conditions
  1. We reserve the right to modify or terminate the Eyefetch service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via the Eyefetch 'Site Announcements' section, or via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. 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 Use.
  5. Your account will also be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
  6. We enforce a strict policy against fraudulent accounts and ghost ballots. Each user is only allowed to register a single account with EyeFetch. Any attempt in deceiving Eyefetch or its members to unfairly influence the outcome of a contest or other ranking systems will result in immediate ban from the site.
  7. Any users whose voting or rating pattern suggest an intent to unfairly disrupt the system will be excluded from contest voting and/or rating of images, and my be banned from the site.
Basic Terms

  1. You must be at least 13 years of age to use this site.
  2. You are responsible for any activity that occurs under your username. You are solely liable for any loss or damages, in whatever form, arising from the misuse of your usernamer or password or your computer systems or facilities by any person or entity, whether or not such misuse is due to your fault or negligence. You agree that the provision set forth above (including without limitation the attribution to you of actions taken using your username or password, computer systems or facilities) is commercially reasonable.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other Eyefetch users.
  5. You may not use the Eyefetch service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, username, graphics, photos, profiles, audio and video clips, links (“Content”)that you submit, post, and display on the Eyefetch service.
  7. Material that is illegal for EyeFetch to reproduce is not permitted and will be removed. Should any of your contributions be deemed illegal by any law having jurisdiction over you, then our Privacy Policy will cease to apply, and we will supply all necessary information to the proper authorities.
  8. You must not modify, adapt or hack Eyefetch or modify another website so as to falsely imply that it is associated with Eyefetch
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of Eyefetch, violate any laws in your jurisdiction (including but not limited to copyright laws).
  11. Submission of images containing nudity is acceptable, as long as presented in a tasteful manner. Photographs may not contain depictions of sex or material that would be considered 'sexually pornographic' by a reasonable viewer.
Violation of any of these agreements will result in the termination of your Eyefetch account. While Eyefetch prohibits such conduct and content on its site, you understand and agree that Eyefetch 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 Eyefetch service at your own risk.

Copyright
  1. We claim no intellectual property rights over the material you provide to the Eyefetch site. Your profile and materials uploaded remain yours. By uploading images you agree to allow other users to view and share your images and you therefore agree to allow us to display and store them.
  2. By submitting any contribution to EyeFetch, you grant us a non-exclusive, perpetual right to reproduce that contribution on EyeFetch.
  3. By submitting an image to an EyeFetch contest you grant EyeFetch the perpetual right to display said entry on EyeFetch.
  4. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Eyefetch will terminate the membership of any user who uses the Website to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Eyefetch and later confirmation through court order or an admission by the user that he or she has been an instrument of unlawful infringement, Eyefetch will terminate the use of the Website by the Registered User.
Links to Third-Party Sites
  1. This Web site may contain hyperlinks to Web sites operated by parties other than Eyefetch. Such hyperlinks are provided for your reference only. Eyefetch does not control such Web sites and is not responsible for their contents or your use of them. Inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Indemnification
  1. You agree to defend and indemnify EyeFetch.com, and its assigns for and from any loss or damages, including actual attorneys' fees, arising from or relating to out of:
      (a) your use of the EyeFetch.com Service or any Media posted or uploaded by you, including any alleged or actual violation of any Law directly or indirectly arising from such use;
      (b) any breach or alleged breach by you of the terms of this Agreement;
      (c) the misuse or misappropriation of any Registered User Information supplied to you; and
      (d) any Media offered to be licensed from you, whether arising from the information concerning the Media provided by you for posting on the Website, the license of such Media, the delivery of the Media, or otherwise.
  2. In particular, and without limiting the foregoing, because EyeFetch.com does not and cannot control the actions of its Registered Users, in the event that you have a dispute with one or more Registered Users, you hereby agree to indemnify and release EyeFetch.com and/or its assigns from any and all claims, demands, liabilities, losses and damages (both actual and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you expressly waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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EyeFetch, and website content and design, Copyright © 2008 Paradigm Shift, Inc. Some icons by famfam.
Contributed content used with permission. All digital photo and art copyrights belong to the original creator and may not be used without permission.