EyeMags Terms of Service
1. Your acknowledgement and acceptance of terms of service
Alibro Limited ("The Company") owns and operates EyeMags (a service previously operated by Refresh Mobile Ltd) and provides EyeMags to you under these terms and conditions and any rules and policies in force at the time of your use. By using and/or visiting EyeMags services, you are indicating you agree to be bound by all these terms and conditions. If you do not agree to any of these terms, please don't use our service.
2. Our Service
The EyeMags service consists of a number of phone applications, a Mobile Internet site and a website hosted in the United States ("The Service"). It provides its users with the ability to publish information to its website and then download the resulting EyeMags applications to user's mobile phone. EyeMags may contain links to third party websites not within The Company's control. The Company has no control over or responsibility for any content contained in third party sites and accepts no liability for any transactions entered into by you with third party sites.
Please remember to be careful with any information you post on the Service or that you provide to other users. You should not disclose any of the following information to other users:- your name, address or phone numbers, any content containing unlawful, obscene, libellous, threatening, violent or obscene pornographic material. However, you may come across content on our Service which does contain such material and The Company assumes no liability or responsibility whatsoever for this content or for the accuracy of any such content. If you find any such material, please use the "flag as inappropriate" link to report or send an email to firstname.lastname@example.org with information of the offending content to The Company.
For material of adult nature which is not offensive, you must ensure to mark it as 18+ or be barred from the service. Access to such material is tagged with an 18+ warning and intended only for people of that age. Note that we do not provide open access to this material.
By using EyeMags services, you represent and warrant that (1) your use of the EyeMags service will not violate any applicable laws, (2) your completed registration information is accurate and truthful, and (3) you are 18 years of age or over if you wish to either create or download content which is adult in nature. If your use is in contravention of these representations and warranties, or we suspect this to be the case, we may terminate your membership immediately.
4. Modification to terms and service
The Company may amend the terms and conditions of the service from time to time. Any minor changes will be posted on the Service at www.eyemags.com and will become effective from the date of posting. Your continued use of the service constitutes your acknowledgement and acceptance of the changes. Any major changes will be notified to you by email. If you do not accept the changes, please refrain from further use of the service. The Company also retains the right to modify the service with or without notice to its users.
5. Intellectual Property Rights
The content contained on the EyeMags Service, including any text, graphics, photographs, software, sound, advertising or other material, but excluding any User Contributions (together "Content"), and any trade marks, service marks or logos ("Marks") are owned by or licensed to The Company. You may not copy, use, modify, distribute or exploit any Content for any purpose whatsoever without the prior written consent of The Company. If you download or print any of the Content contained within the Service, you must ensure that all proprietary or copyright notices are included in such download or print.
6. Copyright policy
You must not post, modify, distribute or reproduce in any way any copyrighted material, trade marks, service marks or other proprietary marks which belong to a third party without obtaining their prior written consent or purchase of a distribution license.
If The Company becomes aware of repeated infringement of intellectual property rights by a user, The Company will terminate that user's rights to use the service.
If you believe that your intellectual property rights, such as copyright, have been infringed by a user, please email The Company at email@example.com with (1) your contact details; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the infringing material and details of where the material can be found; and (4) confirmation that you have not authorised the user to use the work.
7. Distribution License
If a distribution license has been purchased by an individual or company (LICENSEE), the license allows distribution by only by that single LICENSEE and no reselling of licenses is allowed.
8. User contributions
You shall be solely responsible for your user contributions and the consequences of posting or publishing them. By posting or publishing your user contributions, you grant to The Company a worldwide, sublicensable, non-exclusive, royalty free licence to use, modify, publish, reproduce and distribute your user contribution for the purposes of providing or marketing the service but you will retain ownership and all related rights for your user contribution. You also grant to each user of the Service authorised to access your user contribution a worldwide, non-exclusive, royalty free licence to use, reproduce, distribute and publish your user contribution.
You represent and warrant that you have all the necessary licences, rights and consents to use all the trade marks, service marks, copyright and other proprietary material contained within your user contribution and that you have obtained the written permission of every identifiable person to use their name and/or likeness in your user contribution on the Service and that each identifiable person understands how their likeness will be used.
The Company does not endorse or assume responsibility whatsoever for user contributions, including any contributions which are threatening, libellous, obscene, harassing, offensive or infringing third party intellectual property rights.
9. Removal of user contributions
The Company assumes no responsibility for monitoring user contributions and their compliance with these terms and conditions. However, if The Company is notified or becomes aware of user contributions which do not comply with these terms and conditions, The Company reserves the right to remove from the Service any such user contributions. In particular, The Company will remove user contributions which infringe any third party intellectual property rights, including copyright, or which contain nudity, unlawful, obscene, libellous, threatening, violent or pornographic material.
10. Passwords and user security
In order to post user contributions, you will receive a password tied to your email address. You are entirely responsible if you don't keep your password confidential and will be liable for any user contributions posted and activity using your password. Please notify The Company immediately if you become aware that your security has been breached.
THE COMPANY PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR OWN REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS. FURTHERMORE, THE COMPANY NEITHER WARRANTS THAT THE USER CONTRIBUTIONS WILL BE ACCURATE, TRUTHFUL OR RELIABLE NOR THAT IT WILL BE LIABLE FOR ANY DELETIONS OR FAILURE TO ADEQUATELY STORE ANY USER CONTRIBUTIONS.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY (1) DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR (2) LOSS OF DATA, WHICH ARISES AS A RESULT OF YOUR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE CERTAIN WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS OR DATA. IN ADDITION, THE COMPANY SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE OR LIMIT OUR LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS, IN WHICH CASE THESE EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU.
You agree to indemnify and hold harmless The Company and its officers, employees, directors, shareholders, representatives, successors and permitted assigns against any and all claims, demands and losses, including reasonable attorney's fees, arising from or connected with your use of the services, breach of these terms and conditions or infringement of any third party rights.
You are solely responsible for any disputes you have with any other user although The Company may monitor, but has no obligation to do so, any such dispute.
16. Adverts and promotions
The Company will allow advertisers to promote their products on the Service from time to time. If you enter into any agreement with these advertisers, including any agreement to buy products or services, the terms of that agreement is strictly between you and the advertiser and The Company assumes no liability or responsibility for the relationship you have with any advertiser.
17. Distribution and use of content
You may distribute the created applications to friends for non commercial purposes. For commercial distribution and use you must purchase an upgrade of the magazine. The company reserves the right to distribute the applications as it wishes
18. Selling of content
We are currently beta testing the selling of apps with selected "Pro" publishers. Apps are sold using PayPal currently only in the currency GBP. PayPal take 20p plus 3.4% commission. After taking off PayPal costs including any refunds charges and any tax due, the remainder is shared 70% to the publisher and 30% to us. Any refunds requested by users will have a refund charge applied corresponding to PayPal's refund charges (3.4% plus 20p). If excessive refunds are requested we reserve the right to remove from sale any item with no notice. Earnings payment is 30 days in arrears and payment is made only if the balance is greater than GBP100
19.1 These terms and conditions and any rules and policies in force at the time of your use set out the entire agreement between you and The Company.
- A provision of or a right created under these terms and conditions may not be waived, except in writing signed by the party granting the waiver.
- In entering into these terms and conditions, you acknowledge and agree that you have not relied on any representations made by The Company. Any such representations are excluded.
- If any provision of these terms and conditions is determined to be illegal or unenforceable by any court of competent jurisdiction it shall be deemed to have been deleted without affecting the remaining provisions.
- If you wish to bring any cause of action arising out of or in relation to the service, you must commence proceedings within one year of the cause arising or your cause of action will be permanently barred.
20. User conduct
Your use of the service is governed by our user conduct guidelines which are incorporated into these terms and conditions by reference. If you don't comply with the guidelines, The Company reserves the right to terminate your membership.
21. Governing law
These terms and conditions shall be governed and construed in accordance with the laws of England . The parties irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any matter, claim or dispute arising under, out of or in connection with this Agreement (including as to its validity) or the legal relationships established by these terms and conditions.
22. Purchase of software terms
Please see separate document Terms and Condition of Purchase.