We are MyEye Technology Limited (‘we’, ‘our’, ‘us’), makers of the mobile application called ‘MyEye’, an app which allows people to stream live video feeds to other users (the ‘App’).
We are registered in England and Wales under company number 08950796 and have our registered address at Rawdon House, Rawdon Terrace, Ashby-de-la-Zouch, Leicestershire, UK, LA65 2GN. Our VAT number is 191817584.
If you do not agree to these Terms then you should not use the App. We reserve the right to remove or limit your access to or use of the App. Please read these Terms carefully before downloading the App.
You download and use the App subject to any rules of your appstore or network provider.
THIS APP REQUIRES AN APPLE iOS7 OR ANDROID 4.3 COMPATIBLE MOBILE DEVICE, INTERNET ACCESS AND A MINIMUM OF 512MB OF AVAILABLE STORAGE SPACE.
These Terms apply to the App or any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply where there is any conflict.
We may change these terms or update the App at any time by sending you an SMS with details of the change or by notifying you when you next start the App. The amended or new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App. By downloading the App you agree to the following terms:
• Age – The App is intended for use by people who are at least 13 years old. You represent and warrant that you are either (i) 18 years old or over; or (ii) you are between 13-18 years old and you have parental permission to agree to these Terms and enter into this agreement.
• Content – The App allows users to upload, create, transmit and store (for a limited time) content such as text, images, photos and video (‘User Content’). You are aware that other people will be able to view your User Content and you will abide by our Community Guidelines, (available here). You are solely responsible for your User Content and any claims that arise as a result.
You retain ownership in your User Content so we need a limited licence from you so that we can use your User Content to provide our services and the App to you. You hereby grant us this non-exclusive, irrevocable, transferable (and sublicensable) licence in perpetuity to use and otherwise exploit (including but not limited to reproducing, distributing, displaying, publishing, performing, modifying and creating derivative works of) your User Content in all media existing now or in the future anywhere in the world . We reserve the right to review and delete your User Content from the App as we see fit. Furthermore you licence all other users of the App access to and use of your User Content in such ways as permitted considering the functionality of the App.
We may, but are not obliged to, monitor and control User Content. We do not take any responsibility for or endorse in any way any User Content and you understand that in using the App you will be exposed to User Content not owned or approved by us and therefore may find such User Content offensive, harmful, inaccurate or inappropriate. As such we will not be liable in any way for any User Content, including but not limited to damage, loss or inaccuracy found, accessed or transmitted in any and all User Content, and you use the App and access others’ User Content entirely at your own risk.
• Your Account – Your account is your own and you alone are responsible for it and all User Content posted or otherwise created via your account. The security of your account and the confidentiality of your password and account details are your responsibility: you must ensure that your password is suitable and secure. We recommend using a password that is not associated with any other account and contains letters of lower and upper case as well as numbers and symbols. If you become aware of any security breach or unauthorised use of your account you must notify us immediately. We will not be held responsible for any loss or damage that results in your failure to comply with this clause.
To delete your account just send an email requesting deletion to email@example.com, please allow up to 14 working days for such a request to be dealt with.
We reserve the right to refuse registration of an account or to change or amend account details (for example username) if we deem them inappropriate, at our sole discretion. We may disclose your account details and/or User Content if required by law, including to public authorities.
• Charges - Any data charges or other charges from your network operator or that arise in using the App are your responsibility.
• Our Content – The App contains content which is owned or licensed by us. This may include but is not limited to adverts, videos, audio, information, data, text, photographs, software, scripts, images and graphics (‘Our Content’). Our Content is protected by copyright, trademarks, patents, trade secrets or other proprietary rights. We hereby grant you a non-exclusive, non-sublicensable, limited licence to use the App and Our Content which is revocable at any time. You agree not to copy, download, alter, reverse engineer, sell, profit from, lease, loan, assign, publicly display or perform, publish or create derivative works from Our Content except as provided for in these Terms.
• Prohibited Activities – You agree not to misuse the App. Among restrictions found elsewhere in these Terms, you will agree to the following prohibitions:
• Not to use the App for any illegal activities or for any use other than that which is within the scope of the App’s intended use.
• You will not do anything which may affect the use and enjoyment of the App for any other user, this includes sending spam or unsolicited advertising or messages.
• You will not attempt to access the App through any account except for your own or through an account which you are expressly authorised to access.
• You will not compromise or attempt to compromise the security or functionality of the App. This prohibition covers, but is not limited to, reverse engineering the App or any aspect of the App, circumventing any measure introduced by us to prevent or limit access to any part of the App or its content or the use of any automated means to access or extract data from the App (including but not limited to the use of robots, ‘crawlers’, spiders or metasearching.)
• Not to stalk, intimidate or harass any other user.
• Infringe any other person or company’s intellectual property rights.
• You will not use the App commercially unless it has been specifically agreed between you and us in writing. This includes selling, leasing or renting access to your user account and being involved in the development of third-party applications which interact with the App in any way or using any User Content or Our Content or any part of the App, including by scraping or monitoring the App.
• You also will not do anything which would infringe related third party terms and conditions such as the iTunes App Store’s or Google Play Store’s.
• Termination & Suspension – We may terminate or suspend your user account without notice and at our sole discretion.
• Copyright Policy – The Intellectual Property rights of others are extremely important to us and therefore if we become aware that any User Content infringes another’s copyright, we reserve the right to block access to such material and/or remove it from the App.
If you believe that either your User Content has been copied or the User Content of another infringes upon your rights please contact us immediately.
We will need all detail you can provide us so that we may establish what work has been copied, your ownership of such work and the identity of the material that allegedly infringes your work. We will also need full contact details for you and a statement that you own the copyrighted work or are authorised to act on the owner’s behalf.
If your User Content becomes subject to such complaint we reserve the right to remove or block access to such User Content until such time as we see fit.
Our address for our designated agent to receive notification of claimed copyright infringement is Rawdon House, Rawdon Terrace, Ashby-de-la-Zouch, Leicestershire, UK, LA65 2GN.
• Disclaimers – THE APP IS PROVIDED “AS IS” FOR YOUR DOMESTIC AND PRIVATE USE AND WITHOUT ANY WARRANTIES OF ANY KIND. THIS INCLUDES BUT IS NOT LIMITED TO EXPRESS AND IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT AND MERCHANTABILITY. YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK AND WE DO NOT MAKE ANY WARRANTIES ABOUT THE AVAILABILITY OR QUALITY OF THE APP OR ANY CONTENT ACCESSED USING THE APP.
EQUALLY WE DO NOT PROVIDE ANY WARRANTIES AS TO USER CONTENT. WE HAVE NO CONTROL AND DO NOT ENDORSE ANY USER CONTENT.
• Indemnity – By agreeing to the Terms you agree to indemnify, defend and hold harmless us, our shareholders, employees, affiliates, licensors, and suppliers from and against all complaints, claims, charges, damages, losses, liabilities, costs & expenses due to or arising out of any of the following:
• your use of the App;
• any of your User Content;
• any breach of these terms;
• your violations of another person’s rights (for example intellectual property, confidentiality and privacy)
• your violation of any legislation.
Limitation of Liability – In no event or circumstance will we be liable for any direct, indirect, consequential loss, loss of profits or damages of any kind that result from your use of and the provision of the App, this includes resulting from the conduct of any of the users of the App. Nothing in this clause or these Terms seeks to exclude liability for death or personal injury, fraud or fraudulent misrepresentation or any breach of the obligations implied by s.2 of the Sale of Goods Act 1982 or any other matter where limitation of liability is not permissible.
• Events outside our control – We will not be liable or responsible for any so-called force majeure events or any other events outside of our reasonable control and any effect on or disruption to your use of the App. We will use our reasonable endeavours to find a solution by which we can fix problems.
• Support – For any technical support, problems or complaints, please email us at firstname.lastname@example.org or write to us at MyEye Technology Limited, Rawdon House, Rawdon Terrace, Ashby-de-la-Zouch, Leicestershire, UK, LA65 2GN.
• Governing Law & Jurisdiction – These Terms shall be governed by the laws of the England and shall be subject to the non exclusive jurisdiction of the English Courts.
• Severability & Entire Agreement – If any provision in these Terms is found to be unenforceable, unlawful or invalid that provision it shall be deemed severable from these Terms and shall not affect the enforceability of the rest of these Terms.
COMMUNITY GUIDELINES The MyEye App is designed to allow users to share moments in their lives, however there are limits to what should be shared.
As a rough guide this is what should not be shared using our App:
• Nudity and pornography
• Anything illegal
• Anything that could be seen as threatening to any person or group.
• Anything violent or involving self-harm
• Any invasions of another’s privacy
You should respect others’ privacy. Please obtain consent from users to collect their information or content.
If we think that your content violates these guidelines we may remove it, suspend your account and prohibit your future access to the App.