I'm See You!

Terms and Conditions

This agreement was written in English (US).

Date of Last Revision: 19 July 2010.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern I'm See You!’s relationship with you in relation to this website.

The term ‘I'm See You!’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without I'm See You!’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.

Statement of Rights and Responsibilities

By using or accessing I'm See You!, you agree to this Statement. The use of this

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use I'm See You! to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on I'm See You!. In addition:

• For content that is covered by intellectual property rights, like photos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with I'm See You! ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
• When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
• We always appreciate your feedback or other suggestions about I'm See You!, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
• You are responsible entirely for any events that you create on I'm See You!. You acknowledge that by creating an event you are in a legal position to host the event at the venue/address that you specify. We are not responsible whatsoever for events that are created at the incorrect address.

3. Safety

We do our best to keep I'm See You!safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

• You will not send or otherwise post unauthorized commercial communications (such as spam) on I'm See You!.
• You will not collect users' content or information, or otherwise access I'm See You!, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on I'm See You!.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any user.
• You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
• You will not use I'm See You!to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working of I'm See You!, such as a denial of service attack.
• You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

I'm See You! users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on I'm See You!, or create an account for anyone other than yourself without permission.
• You will not create more than one personal profile.
• If we disable your account, you will not create another one without our permission.
• You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
• You will not use I'm See You! if you are under 13.
• You will not use I'm See You! if you are a convicted sex offender.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
• If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

• You will not post content or take any action on I'm See You! that infringes or violates someone else's rights or otherwise violates the law.
• We can remove any content or information you post on I'm See You! if we believe that it violates this Statement.
• If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
• If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
• You will not use our copyrights or trademarks (including I'm See You!, the I'm See You! and I'm See You!Logos), or any confusingly similar marks, without our written permission.
• If you collect information from users, you will: obtain their consent, make it clear you (and not I'm See You!) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
• You will not post anyone's identification documents or sensitive financial information on I'm See You!.
• You will not tag users or send email invitations to non-users without their consent.

6. Mobile

• We do not currently have a mobile optimized site, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

7. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of I'm See You! to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

8. Disputes

• You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or I'm See You! exclusively in a state or federal court located in Johannesburg. The laws of the Republic of South Africa will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Johannesburg, South Africa for the purpose of litigating all such claims.
• If anyone brings a claim against us related to your actions, content or information on I'm See You!, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
• WE TRY TO KEEP I'm See You! UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING I'm See You! "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT I'm See You! WILL BE SAFE OR SECURE. I'm See You! IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR I'm See You!, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR I'm See You! WILL NOT EXCEED THE GREATER OF ONE RAND (R1) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, I'm See You!'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Special Provisions Applicable to Users Outside the Republic of South Africa

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the Republic of South Africa:

• You consent to having your personal data transferred to and processed in the United States as our servers are hosted in the United States.

10. Definitions

• By "I'm See You!" we mean the features and services we make available, including through (a) our website at www.imseeyou.com and any other I'm See You! branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
• By "us," "we" and "our" we mean I'm See You!.
• By "information" we mean facts and other information about you, including actions you take.
• By "content" we mean anything you post on I'm See You! that would not be included in the definition of "information."
• By "data" we mean content and information that third parties can retrieve from I'm See You! or provide to I'm See You! through Platform.
• By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
• By "active registered user" we mean a user who has logged into I'm See You! at least once in the previous 30 days.
• By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.

11. Other

• This Statement makes up the entire agreement between the parties regarding I'm See You!, and supersedes any prior agreements.
• If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Statement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.