Seeyouthen Mobile App Terms of Use
Seeyouthen, Inc., the owner and operator of seeyouthen.com, and its affiliates and suppliers (collectively "Seeyouthen") provide their media hosting and related services (the "Services") to you subject to the following conditions. If you visit or download at seeyouthen.com or the app stores, you accept these terms and conditions.
SeeYouThen Mobile is provided free of charge to our users.

You may participate at SeeYouThen at no charge. By subscribing to SeeYouThen as a free member you are granted a limited amount of storage space for your personal photos. As the app evolves, there will be opportunities to upgrade for more features. There are no limits (within reason) to what you can contribute as a free member to your profile and SeeYouthen Exchanges (sytes).

Termination

Seeyouthen agrees to terminate your account at any time upon notice from you, at support@seeyouthen.com. Seeyouthen may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Seeyouthen's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Seeyouthen, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Seeyouthen deems appropriate to enforce its rights and pursue all available remedies.

Privacy

Seeyouthen has established a Privacy Policy to explain to you how your information is collected and used. Your use of the Seeyouthen website or the Services signifies acknowledgement of and agreement to our Privacy Policy.

If you are a resident of the European Union, you understand and agree that Seeyouthen stores and processes your information on computers located in the United States, and by providing any data to Seeyouthen, you consent to the transfer of such information to the United States.

You acknowledge and agree that Seeyouthen may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Seeyouthen, its employees, users and third parties, and the public.

Electronic communications
When you visit seeyouthen.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Seeyouthen, or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. Seeyouthen's selection, coordination and arrangement of all content on this site is the exclusive property of Seeyouthen, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of Seeyouthen or its software suppliers and is protected by United States and international copyright laws.

License and site access

Seeyouthen grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Seeyouthen, Inc. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Seeyouthen, Inc. Any unauthorized use terminates the permission or license granted by Seeyouthen.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Seeyouthen pages so long as the links do not portray Seeyouthen or its suppliers or their products or services in a false or misleading manner.

Account security

If you subscribe to Seeyouthen's hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Seeyouthen of any unauthorized use of your account or any other breach of security known to you.

Seeyouthen uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Seeyouthen website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

Reviews, comments, communications and other content
Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Seeyouthen reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.

License granted by users (members)

Seeyouthen is designed to "collect and distribute" content from member to member. We do this providing the mechanism to upload and download this original content. Seeyouthen does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). However, if you upload or contribute Content, including any Media, to a Seeyouthen site, you grant Seeyouthen a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely. You further understand that we may provide services to the members that may include your contributed content. Examples of these are archive DVD's, USB drives with all images, creative slideshows DVD's, photobooks, prints, gifts, and any other digital output that can be repackaged and sold back to its members as a "value added" service.

You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Seeyouthen for all claims resulting from Content you supply. Seeyouthen has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that Seeyouthen takes no responsibility and assumes no liability for any Content posted by you or any third party.

Proprietary Rights.

Your Content. Your “Content” includes the text, files, images, photos, video, sounds, works of authorship, and other material (a) that you you submit to seeyouthen or that you contribute to the websites of other Members (“Exchange Photos ”), and (b) that you post in any of our forums, share with other Members through the Services and feedback that you provide to us (the “Other Content”). seeyouthen has no ownership in any of your Content. However, to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Content:

A. License to repackage your content. You hereby grant to seeyouthen a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your images for the purpose of distributing to others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their collection of images.).

B. License to use your Content for optional seeyouthen features. In the event that seeyouthen offers any optional feature, such as allowing others to see an electronic preview of your image(s), and you decide to use such option feature, you hereby grant to seeyouthen a License to reproduce, distribute and publicly display any Content that you designate as required for seeyouthen to provide such an optional feature.

C. License to use Other Content. You hereby grant to seeyouthen an irrevocable, perpetual, non-exclusive, fully-paid and royalty free license (with right to sublicense) to create derivative works, reproduce, distribute and publicly display the Other Content that you post on our website in any and all media (now known or later developed) throughout the world.

You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth above in this section for the Content (including Book Content and Other Content) that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.

 

Copyright complaints
Seeyouthen respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Seeyouthen's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyright@seeyouthen.com Please provide our Agent with the following Notice:
  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

  2. Identify the material on the Seeyouthen site that you claim is infringing, with enough detail so that we may locate it on the website;

  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

  5. Your address, telephone number, and email address; and

  6. Your physical or electronic signature.
Seeyouthen's Agent will forward this information to the alleged infringer.

Nudity

Seeyouthen must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for Seeyouthen

Judgement of suitable Media is the sole discretion of Seeyouthen, and Seeyouthen reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.

Disclaimer of warranties and limitation of liability

THIS SITE IS PROVIDED BY Seeyouthen ON AN "AS IS" AND "AS AVAILABLE" BASIS. Seeyouthen MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Seeyouthen DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, Seeyouthen DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Seeyouthen ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

UNDER NO CIRCUMSTANCES SHALL Seeyouthen BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE Seeyouthen WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Seeyouthen WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE Seeyouthen WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Seeyouthen WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Seeyouthen CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to indemnify and hold Seeyouthen, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Seeyouthen harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on Seeyouthen.
Applicable law
By visiting seeyouthen.com, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Seeyouthen.

Merger or acquisition
It is possible that as we continue to develop our website and our business, Seeyouthen's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Seeyouthen may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.

Disputes
Any dispute relating in any way to your visit to seeyouthen.com or to products you purchase through seeyouthen.com shall be submitted to confidential arbitration in Brighton, MI, except that, to the extent you have in any manner violated or threatened to violate Seeyouthen's intellectual property rights, Seeyouthen may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.

Site policies, modifications and severability
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with Seeyouthen in any way, your only recourse is to immediately: (1) discontinue use of Seeyouthen and (2) terminate your Seeyouthen subscription support@seeyouthen.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
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