Terms of Service & Privacy Policy

EyeRemember.com

License and Terms of Use

By using EyeRember software, the EyeRemember website, or an EyeRemember Product, you acknowledge and agree that you and EyeRemember will be bound by the terms and conditions of this license agreement (“License”) that sets forth the terms and conditions for such use.  Please review this document carefully and thoroughly and contact EyeRemember customer service if you do not understand this License, if you wish to use an EyeRemember Product in a manner not permitted under this agreement, or have any related questions.  Together with the EyeRemember invoice for an EyeRemember Product and our Privacy Policy (which are hereby incorporated by reference) these terms constitute a binding agreement between you and EyeRemember. If you choose not to be bound, do not use EyeRemember’s site or create an EyeRemember Product.

The term "EyeRemember Products” means all products produced and services provided by or on behalf of EyeRemember whether in electronic, print, video or other medium now known or hereafter created including all Stock Images, graphic design, layout, arrangement of content, indexing, logos, trademarks, designs, sounds, effects, know-how, software, and trade secrets; however, the term “EyeRemember Products” does not include individual images, text, and captions provided to EyeRemember by you that do not incorporate the foregoing (“Customer Content”).  EyeRemember cannot be held responsible for the loss or destruction of any Customer Content, so please keep a copy of any materials that you submit to us.  EyeRember Products are intended only for individuals eighteen (18) years of age and older. By clicking the "I Accept" button and providing us with a credit card number when you register, you represent that you are at least eighteen (18) years of age and are accepting this License.

Use of EyeRemember Products:
EyeRemember Products are collaboratively created between your photographs, our Stock Images, and our creative services.  Your EyeRemember Product is intended for your personal use only and may not be used for commercial purposes without EyeRemember’s express written consent.  If you would like a quote for a limited run for your business, please contact our customer service department.

Customer Content:
We welcome your creative materials and suggestions; however, EyeRemember reserves the right delete or refuse to produce any material that we believe is obscene, libelous, defamatory, or that violates the personal or proprietary rights of any third party.  By entering into this License, you warrant and represent that you have accurately provided us your name, address and credit card information; you own all trademark rights, copyrights, and other proprietary rights in your Customer Content; and the Customer Content is not obscene, libelous, defamatory, or in violation of any privacy, publicity, or proprietary rights of any third party.

EyeRemember respects the privacy of your photographs, images and memories.  Except for images that you specifically submit for a contest or promotion, EyeRemember promises to use good faith efforts to safeguard and protect your Customer Content from unauthorized publication and dissemination.  To help us with this, you agree not to authorize anyone to use your username or password.  If you allow a third party to use or discover your username and password, you agree to be responsible for any Customer Content dissemination and EyeRemember Products ordered as a result of such improper use.  EyeRemember reserves the right to terminate any accounts, usernames or passwords that it believes have been improperly used, compromised, or abandoned.

Stock Images:
As part of your order, you may elect to use certain photographs, maps, drawings, or other works from EyeRemember’s stock image library (“Stock Images”).  In electing to incorporate Stock Images in your EyeRemember Product, you acknowledge and agree that you have been granted a limited license to use such Stock Images only in the context of the specific EyeRemember Product in which they have been provided to you and that you may not reproduce, modify, distribute, sell, or license the use of such Stock Images.

Image Submissions:
If you submit a photograph or other image to be considered for use in a contest or promotion, you hereby grant EyeRemember a limited right to crop, use, and display such image on the EyeRemember web site or in such other ways and locations as described in the specific contest or promotion rules. 

EyeRemember is interested in buying fabulous photos for our stock library. It is a great way for photographers both professional and amateur to make a little extra money. Please refer to our Photo Release Agreement for more information.

License granted by EyeRemember:
You are hereby granted a limited license to: (i) use EyeRemember software to order, guide creation of, and uploading of Customer Content; (ii) upon payment in full, use and enjoy your EyeRemember Product for your personal use subject to the limitations set forth in this License. EyeRemember reserves all rights to the EyeRemember Products, and expressly reserves all copyright ownership and equivalent rights in and to all EyeRemember Products.  Your failure to make full payment when due shall terminate any license granted to you and entitles EyeRemember to pursue all remedies available under copyright and other laws.

You may not make, authorize or permit any editing, modifications, associations, alterations of the EyeRemember Products or derivative works thereof unless specifically agreed in writing by EyeRemember. You may not duplicate, reproduce, copy or create derivative versions of your EyeRemember Product.  Your ability to access an EyeRemember Product does not in itself entitle you to use that EyeRemember Product. Use of any EyeRemember Product contrary to a listed restriction is prohibited.

You may transfer your rights in any EyeRemember Product to a third party subject to such transferee agreeing to be bound by this License.  Except for the foregoing transfers, you may not sell, rent, loan, sublicense, or otherwise transfer or assign your rights in an EyeRemember Product.

You may place EyeRemember Products on your internal computer network, but you shall not otherwise distribute or permit access to any EyeRemember Products.

Model and Property Releases/Clearances:
The rights EyeRemember grants to you do not include a license to any persons, places, property, or subject matter depicted in an EyeRemember Product, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

No Reliance:
EyeRemember makes no representation or warranty as to the accuracy of any information provided with the EyeRemember Products.  EyeRemember Products are intended to provide entertaining and cursory information with regard to the subject matter thereof.  Localized photographs, maps, and other information contained in an EyeRemember Product is not warranted to be current or accurate and should not be relied upon for travel, research or other purposes.

EyeRemember may provide links to or from our website with third party websites. EyeRemember will generally notify users when they are leaving an EyeRemember site and we encourage our users to read third party sites' privacy policies before submitting personal information.  We have no control over the content, privacy protection practices, or other aspects of any linked site. You acknowledge and agree that EyeRemember is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that EyeRemember is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

Unauthorized Use:
Without limitation, EyeRemember Products may not be utilized as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of EyeRemember Products constitutes copyright infringement and shall entitle EyeRemember to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such EyeRemember Products. The foregoing is not a limiting statement of EyeRemember’s rights or remedies in connection with any unauthorized use.

Payment:
Prices for use of EyeRemember Products shall be determined solely by EyeRemember; if you are unsure as to the price applicable, you must contact EyeRemember prior to obtaining a Remember Product. Payment is due prior to download or deliver of any Remember Product. You agree to payment for the license of the Remember Product according to the terms of the invoice and this License. You are required to pay for all EyeRemember Products that you obtain, regardless of whether you use them.

Taxes:
You are responsible for the payment of all sales and use tax, when applicable. EyeRemember does not accept resale certificates without prior written approval and at EyeRemember’s discretion.

Indemnification:
You agree to indemnify and defend EyeRemember against all claims (including without limitation claims by third parties), liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this License and any Remember Product restrictions, (ii) the use of any EyeRemember Product either alone or in combination with any other material, (iii), your failure to abide by any restriction regarding the use of a EyeRemember Product.

Intellectual Property Rights Ownership:
All EyeRemember Products are the copyrighted property of EyeRemember.  You may not use the trademarks, service marks, or copyrighted materials of EyeRemember without EyeRemember’s prior written consent.

Choice of Law / Jurisdiction / Attorneys' Fees:
Any dispute regarding this License shall be governed by the laws of the State of Washington and Titles 15, 17, and 35 of the U.S.C., as amended, and the parties agree to accept the exclusive jurisdiction of the state and federal courts located in Whatcom County, Washington, USA, regardless of conflicts of laws. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this License as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). In any dispute between EyeRemember and you where EyeRemember prevails, EyeRemember shall be entitled to recover its reasonable attorneys' fees, legal expert fees, court costs, and other legal expenses.

Limited Warranty:
Subject to the restrictions and limitations contained in EyeRemember’s online site, an invoice, or under this License, EyeRemember warrants that it has sufficient rights to grant you the limited license under this License and any accompanying invoice. Additionally, EyeRemember warrants that the digital copy of the EyeRemember Product provided by EyeRemember to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Remember Product) for ninety (90) days following delivery; and, EyeRemember will as your sole and exclusive remedy for your inability to use an EyeRemember Product and at its sole discretion, provide you with a replacement of the digital copy of such EyeRemember Product, or refund any fee paid by you to EyeRemember for use of such EyeRemember Product provided you have not made any licensed use the EyeRemember Product. WHILE EYEREMEMBER MAKES EFFORTS TO USE ACCURATE INFORMATION IN ITS EYEREMEMBER PRODUCTS, EYEREMEMBER DOES NOT WARRANT THAT ANY INFORMATION CONTAINED IN ANY REMEMBER PRODUCT IS ACCURATE. EYEREMEMBER PROVIDES YOU WITH EYEREMEMBER PRODUCTS FOR USE ON AN “AS IS” BASIS. EYEREMEMBER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY EYEREMEMBER PRODUCTS, OR ANY RIGHTS OR LICENSES UNDER THIS LICENSE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER EYEREMEMBER NOR ANY EYEREMEMBER AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OR INABILITY FOR YOUR USE OF THE EYEREMEMBER PRODUCTS, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL EYEREMEMBER’S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY EYEREMEMBER PRODUCT PROVIDED HEREUNDER EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF SUCH EYEREMEMBER PRODUCT.  

Miscellaneous:
You acknowledge that you have read this License and understand it, and agree to be bound by all its terms and conditions. This License and any listed restrictions constitute the entire agreement between the parties with respect to the subject matter hereof and merge all prior and contemporaneous communications. This License shall not be modified except by a written agreement signed by duly authorized representatives of EyeRemember, provided that no purchase order or similar document issued by you shall modify this License even if signed by EyeRemember. If EyeRemember’s performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, flood, fire, explosion or other act of nature, the public enemy, or any other matter not within EyeRemember’s reasonable control, then the date for performance shall be extended by the time of such delay. If any provision of this License is found invalid or unenforceable, the remainder of this License shall remain valid and enforceable according to its terms. The parties intend that the provisions of this License be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this License as is possible. This License will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this License without EyeRemember’s prior written consent.