Information we collect
Information TinEye collects generally falls into two categories: (1) information
you provide us, which is gathered with your specific knowledge and consent, for
example when you register to use our services and are asked to provide information
such as your email address, your name, phone number, billing address and/or credit
information, and (2) information collected through the use of technology, which
includes general tracking information collected as you use TinEye and the
TinEye Services. This information includes:
Cookies: Cookies are small files placed on your hard drive that assist us in providing our services. We use them to recognize you. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features of our site or services.
Device Information: We may collect information about the type of computer (hardware and operating system version) or mobile device you are using to access our services.
Log files: When you use our services, we may automatically log certain information about your use of the services. This information may include how you use the service, your internet protocol address, your search query, the date and time of your query and referrer URL.
How we use the information collected
TinEye uses the collected information to improve our products and services, for
billing, identification and authentication purposes, to provide support, to
troubleshoot and to respond to your inquiries. TinEye does not however share,
transmit or provide your personal information to any third party unless you
provide explicit consent to do so, or when it is necessary to:
- enforce applicable terms of service.
- comply with any applicable law or regulations or cooperate with official investigations.
- protect against harm to the rights, property or safety of TinEye, our users, or the public as required or permitted by law.
We use a range of security measures both procedural and technical to safeguard and protect your personal information against unauthorized access, theft and loss.
Accessing and modifying your personal information
If you registered to use the TinEye services, we provide you with tools to access, modify or delete your personal information. You can do this at any time by going to your account profile.
223 Queen Street East
Toronto, ON M5A 1S2
Updated April 2012.
TinEye Terms of Service
By using TinEye you signify your agreement to the following terms and conditions, which may be updated by us from time to time without prior notice to you.
Submission of illegal files is strictly prohibited. Do not submit any file that can be construed as illegal or is in violation of any law. Failure to comply may result in termination of your access to TinEye at any time, without prior notice and at Idée’s sole discretion.
TinEye is free for non-commercial use only. If you wish to use TinEye commercially, you must purchase access to the commercial TinEye API.
Automated searching on TinEye via search scripts will not be tolerated, and will result in blocking of your IP address and/or other termination of your TinEye account.
Images uploaded to TinEye are not added to the TinEye database nor are they made accessible to any other users. Copyright for all images submitted to TinEye remains with the original owner/author.
TinEye search results link to third party websites that are not owned or controlled by Idée. Idée assumes no responsibility for the content, privacy policies or practices of any third party websites.
If you do not agree to any of the above terms, you may not use TinEye.
TinEye Services License Agreement for MatchEngine, MobileEngine, WineEngine and MulticolorEngine
This agreement (the "Agreement") for the license of Idée’s TinEye Services (the "Services") is made and entered into by and between Idée Inc. ("Idée") and you or the entity you represent ("Customer", "you"). This Agreement governs Customer's access to and use of the Services.
1. License. Subject to this Agreement, and in consideration of Customer's payment of Fees, Idée grants to Customer, and Customer agrees to comply with, a non-sublicensable, non-transferable, non-exclusive, terminable, limited license to use the Services to develop, test, support and allow access to Customer Implementation.
2.1 To the Services. Idée may make commercially reasonable changes to the Services from time to time. If Idée makes a material change to the Services, Idée will inform Customer by email.
2.2 To This Agreement. Idée reserves the right, from time to time, with or without notice to you, to change this Agreement in our sole and absolute discretion. The most current version of this Agreement can be reviewed at this https://www.tineye.com/services_terms URL at any time. The most current version of the Agreement will supersede all previous versions. By using the Services after changes are made to this Agreement, Customer agrees to be bound by such changes. Customer’s only recourse if Customer disagrees with the Agreement, or changes to it, is to discontinue Customer’s use of the Services. If Idée changes this Agreement and Customer does not agree with the change and wishes to terminate its use of the Services, please notify Idée and Idée will provide a pro rata refund of the unearned Fees actually paid by Customer applicable to the period following termination of such Services.
3.1 License Restrictions. Unless Idée specifically agrees in writing, Customer will not attempt to reverse engineer the Services or any component, or attempt to create a substitute, or a similar service through use of, or access to the Services.
3.2. Access Codes. Access Codes are required, must be used according to the Documentation, and will be forwarded to Customer electronically. Idée may not respond to requests with an invalid Access Code. Customer's failure to use Access Codes provided by Idée will relieve Idée of its obligations to provide support services under Section 7.1. Customer may only access its account with the Access Codes issued to Customer by Idée. Customer may not sell, transfer, sublicense or otherwise disclose its Access Codes to any other party. Customer may not modify or attempt to circumvent the Access Codes. Customer is responsible for maintaining the secrecy and security of its Access Codes. Customer is fully responsible for all activities that occur using its Access Codes, regardless of whether such activities are undertaken by Customer or a third party.
4. Acceptable Use. In your use of the Services, you must not:
a. use the Services for any illegal, unauthorized or otherwise improper purposes, or in any manner which would violate this Agreement, or breach any laws or regulations, or violate any rights of third parties;
b. remove any legal, copyright, trademark, watermark or other proprietary rights notices contained in or on materials Customer receives or accesses pursuant to this Agreement;
c. sell, lease, share, transfer, sublicense or fail to protect the confidentiality of the Services or Customer’s Access Codes;
d. copy, adapt, reformat, reverse-engineer, disassemble, decompile, translate or otherwise modify the Services or Customer’s Access Codes;
e. interfere with or disrupt Idée services or servers or networks connected to Idée services, or disobey any requirements, procedures, policies or regulations of networks connected to Idée services;
f. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through Customer’s use of the Services;
g. use the Services in an application that contains or displays or promotes any of the following: spyware, adware, or other malicious programs or code;
h. threaten, violate, or encourage the violation of, the legal rights of others; or
i. use the Services for any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
5. Customer Implementation. Customer represents and warrants to Idée that, excluding the Services and any other property provided by Idée, Customer has the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute the Customer Implementation, and that use by Customer’s users of the Customer Implementation shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law.
6. Ownership and Publicity.
6.1 Generally. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's Intellectual Property Rights. Intellectual Property Rights in and to the content accessed through the Services are the property of the applicable content owner and may be protected by applicable laws.
6.2 Attribution. Any public web page or application page that displays image results obtained via the Services must include text that reads "Powered by TinEye" and maintain an operable hypertext link to http://tineye.com/ featured in a reasonably prominent manner. Any definition or description of search services using the Services must include text that reads "Powered by TinEye" and maintain an operable hypertext link to http://tineye.com/. Customer will comply with reasonable requests made by Idée otherwise concerning attribution.
6.3 Publicity. Idée may publicly refer to Customer, orally or in writing, as a licensee hereunder and may publish Customer’s name and/or logo (with or without a link to Customer's website or Customer Implementation) on Idée’s website, in press releases, and in promotional materials, without Customer’s prior consent.
7. Service Level. Idée will use commercially reasonable efforts to ensure that your Services are operating at the uptime rate specific to your Service plan level for each calendar month. Uptime is the number of hours in a particular calendar month, less planned downtime of a maximum of 4 hours per calendar month. Planned downtime will occur only between Fridays at 10 p.m. and Mondays at 5 a.m. Eastern Time. Idée will use this planned downtime to implement any changes to the Services and will use reasonable precautions to ensure that the changes, once implemented, will not disrupt the Services. Idée will provide 24 hours prior notice of planned downtime via email. If the monthly uptime of your Service drops below the level for your Service plan, you are eligible to receive a credit for five times the pro rata value of the outage period.
8. Support. Support means the ability to make email based requests for technical support assistance concerning the use of the Services. Idée provides support for the Service only. Any integration of the Service with Customer’s systems is Customer’s responsibility. Idée will use commercially reasonable efforts to provide support to Customer. Customer is entitled to phone support only if Customer's Service plan level includes it.
9. Delivery. Idée will use commercially reasonable efforts to provide Customer access to Service within 1 business day of signup for the Service.
10.1 Obligations. Each party will: (a) protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information, but in no event less than reasonable care; and (b) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect the Confidential Information. Each party is responsible for any actions of its Affiliates, employees and agents in violation of this Section.
10.2 Exceptions. Confidential Information does not include information that: (a) the recipient already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was rightfully given to the recipient by another party.
10.3 Required Disclosure. Each party may disclose the other party's Confidential Information when required by law, but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure.
11. Term and Termination.
11.1 Agreement Term. This Agreement will remain in effect for the Term.
11.2 License Term. Subject to Customer's payment of Fees, the term for the license granted in this Agreement will begin on the Shipment Date and will continue for the License Term, unless terminated earlier as set forth below.
11.2.1 Auto-Renewal. At the end of the License Term, the License Term for the Services will automatically renew for consecutive renewal terms of the same duration as the initial Licence Term. If Customer does not want the Services to renew, then it must cancel the Service prior to the end of the then-current term. This notice of non-renewal will be effective upon the conclusion of the then-current term.
11.2.2 Revising Rates. Idée may revise its rates with at least thirty days' prior written notice to Customer (which may be via email), effective for the following License Term.
11.3 Termination for Breach. Either party may terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.
11.4 Termination by Idée. Idée has the right to terminate this Agreement on thirty days’ prior written notice if it determines in its sole discretion to cease generally offering the Services.
11.5 Effect of Termination.
a. Termination for Idée's Breach. If the Agreement is terminated for Idée's breach, the licenses granted herein regarding Customer's use of the Services may, at Customer's option, continue for the remainder of the License Term, subject to Customer's continued compliance with this Agreement.
b. Termination for Customer's Breach. If the Agreement is terminated for Customers breach, then: (i) the License Term, and all other rights and licenses granted by one party to the other, and the Services, will cease immediately; (ii) upon request, each party will promptly return or destroy all Confidential Information of the other party; (iii) all payments owed by Customer to Idée are immediately due; and (iv) Customer must delete any data it received from Idée as part of receiving the Services.
c. Termination by Idée. Upon a termination by Idée under Section 11.4 this Agreement (i) the License Term, and all other rights and licenses granted by one party to the other, and the Services will cease upon the effective date of termination; (ii) upon request, each party will promptly return or destroy all Confidential Information of the other party; (iii) Idée will refund to Customer the pro rata portion of any Fees for the terminated portion of the License Term; and (iv) Customer must delete any data it received from Idée as part of receiving the Services.
d. Expiration of the License Term. On the expiration of the License Term, the Services will cease functioning and this Agreement will terminate.
11.6 Refund Policy. Idée will refund your unused fees only if Idée terminates its services to you without cause, before the end of a billing period for which you have paid. There is no other circumstances in which you will be entitled to a refund from Idée. You can however cancel your services at any time.
12. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDÉE, ITS LICENSORS, AND THEIR SUPPLIERS DO NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. IDÉE, ITS LICENSORS, AND THEIR SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES.
13. Limitation of Liability.
13.1 Limitation on Indirect Liability. NEITHER PARTY, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
13.2 Limitation on Amount of Liability. OTHER THAN CUSTOMER’S LIABILITY FOR FEES DUE, NEITHER PARTY, NOR ITS LICENSORS OR SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO IDÉE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, or violations of a party's Intellectual Property Rights by the other party.
14.1 Notices. Unless specified otherwise herein, (a) all notices must be in writing and addressed to the attention of the other party’s primary point of contact and (b) notice will be deemed given: (i) when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt; or (ii) when verified by automated receipt or electronic logs if sent by facsimile or email.
14.2 Assignment. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an Affiliate or to a purchaser of all or substantially all of the assets of the party, but only if: (a) the assignee agrees to be bound by the terms of this agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void.
14.3 Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
14.4 No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
14.5 No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver.
14.6 Severability. If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
14.7 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
14.8 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
14.9 Governing Law and Jurisdiction. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto. For any dispute relating to this Agreement, the parties consent to personal jurisdiction in, and the exclusive venue of, the Courts of the Province of Ontario.
14.10 Survival. Those provisions that by their nature should survive termination of this Agreement, will survive termination of this Agreement.
14.11 Counterparts. The parties may execute this Agreement in counterparts, including facsimile, PDF, and other electronic copies, which taken together will constitute one instrument.
14.12 Entire Agreement. This Agreement is the parties' entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject. It consists of the body of this Agreement, and the terms located at a URL and referenced in this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the body of this Agreement, and the terms located at any URL and referenced in this Agreement. If Customer delivers to Idée a purchase order, any pre-printed or "boilerplate" terms and conditions of such purchase order shall be of no force or effect between the parties.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with such party.
"Access Codes" means password, security keys, tokens, non-public URLs and/or other credentials or authentication approaches such as IP address based filtering assigned to Customer by Idée that is uniquely associated with Customer's Idée account.
"Confidential Information" means information disclosed by a party to the other party under this agreement that is marked as confidential or would normally be considered confidential under the circumstances. Customer’s Confidential Information includes the images it provides to Idée in the normal operation of the Services.
"Customer Implementation" means an internal or external software application or website that incorporates the Services.
"Documentation" means the Idée proprietary documentation in the form generally made available by Idée to its customers for use with the Services.
"Fees" means the applicable fees for Customer's plan level set forth on the TinEye Services website (http://services.tineye.com/) and any applicable Taxes.
"Intellectual Property Rights" means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights.
"License Term" means the period of time during which Customer is authorized to use the Services. The Licensed Term is monthly unless agreed otherwise in a custom Services plan.
"Services" means the Idée TinEye service, and your use of the Services in the Customer Implementation.
"Start Date" means the date upon which Idée provides Customer the Access Codes for the Services.
"Taxes" means any duties, customs fees, or taxes (other than Idée's income tax) associated with the sale of the Services, including any related penalties or interest.
"Term" means the term of the Agreement, which will begin on the Start Date and continue until the earlier of: (i) the end of the last License Term or (ii) the Agreement is terminated as set forth herein.
TinEye Commercial API Customer Agreement
THIS CUSTOMER AGREEMENT IS A BINDING AGREEMENT BETWEEN IDÉE INC. (“Idée”) AND YOU, AND IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”).
1. Licensed Uses and Restrictions
The TinEye Commercial API is owned by Idée and is licensed to you on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the TinEye Commercial API and all updates or revisions. We reserve the right to update and change these terms from time to time without notice. TinEye search result images are owned by their copyright holders and not by Idée. All rights not expressly granted to you are reserved by Idée.
- You shall comply with the TinEye terms of service displayed at https://www.tineye.com/terms
- You shall not:
- Use the TinEye Commercial API for any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code.
- Use the TinEye Commercial API in any manner or for any purpose that violates any law or regulation, or any right of any person; including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use the TinEye Commercial API in a manner that adversely impacts the stability of tineye.com servers or adversely impacts the behaviour of other applications using the TinEye Commercial API.
- Sell, lease, or sublicense the TinEye Commercial API.
2. Description of Service
The TinEye Commercial API is a service that allows you to programatically search for images through the TinEye index. The TinEye API is delivered over HTTP and is hosted on equipment operated by Idée. The current developer documentation for the TinEye API can be viewed at https://services.tineye.com/developers/tineyeapi/
3. Term, Termination and Suspension
This agreement will commence once you agree to the TinEye Commercial API terms upon signup. It will remain in effect until terminated by you or Idée in accordance with the terms outlined below.
- You may terminate this agreement for any reason or no reason at all, at your convenience, by providing us thirty (30) days advance written notice of termination.
- We may suspend your right and license to use the TinEye Commercial API, or terminate this agreement in its entirety (and, accordingly, cease providing all services to you), for any reason or for no reason, at our discretion at any time.
- We may immediately and without prior notice to you, suspend your access to the
TinEye Commercial API, or terminate this agreement in its entirety (and, accordingly,
your right to use all services), for any of the causes below:
- You fail to obey the licensed uses and restrictions clause above.
- You use the TinEye Commercial API in a way that disrupts or threatens the service.
- You are in default of your payment obligations.
- Idée receives notice or otherwise determines, at our sole discretion, that you may be using the TinEye Commercial API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
- Idée determines, at our sole discretion, that our provision to you of the TinEye Commercial API is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
Upon termination of this agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination; (ii) all of your rights under this agreement shall immediately terminate.
Any implementation of the TinEye Commercial API, whether private or public, must provide proper attribution to TinEye as outlined below.
- Any web page that displays image results obtained via the TinEye Commercial API must display a badge (as supplied by Idée) featured in a reasonably prominent manner and linking to http://www.tineye.com.
- Any definition or description of search services using the TinEye Commercial API must include text that reads "Powered by TinEye Reverse Image Search" and maintain an operable hypertext link to http://www.tineye.com.
- If the search service using the TinEye Commercial API is implemented on a website, the URL to the website must be provided in your user profile (in the "website" section). If the search service is not web-based or accessible via URL, you may be asked to provide screenshots to verify compliance with items 1 and 2 above.
5. Ownership and Relationship of Parties
Idée owns all rights, title, and interest in and to the TinEye Commercial API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Idée, including (but not limited to) the TinEye Commercial API and Idée trademarks. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
Idée provides support for the TinEye Commercial API only. Any integration with your systems remains your responsibility. Idée will endeavour to address service interruptions in a timely manner. Idée shall use commercially reasonable efforts to provide email support to API users. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the API services.
7. Fees and Payments
Fees for use of the TinEye Commercial API are payable in advance. Each call you make to the TinEye Commercial API 'search' method counts as one (1) search, regardless of the number of search results returned by the call.
In order to ensure uninterrupted service, renewal payments must be made prior to the end of your expiration period. If your search limit is not reached by the end of its expiration period, unused search credit is not carried forward to another period.
8. Disclaimer of Any Warranty
IDÉE DOES NOT REPRESENT OR WARRANT THAT THE TINEYE COMMERCIAL API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE TINEYE COMMERCIAL API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND IDÉE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE TINEYE COMMERCIAL API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE TINEYE COMMERCIAL API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
9. Limitation of Liability
IDÉE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE TINEYE COMERCIAL API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT IDÉE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL IDÉE'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Idée, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the TinEye Commercial API. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any law principle of similar effect, to the fullest extent permitted by law.
11. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Idée and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the TinEye Commercial API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs and attorneys' fees, of every kind and nature. Idée shall use good faith efforts to provide you with written notice of such claim, suit or action.
12. General Terms
TinEye Alerts Terms of Service
Last Updated: Monday January 18, 2016
Idée Inc. - d. b. a. TinEye (“Idee”, “TinEye” “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this web site, any successor web sites (together, the “Site”) and the software we provide the “Application”. We refer to the services provided by the Application as the “Services”. The Services are described in detail on the Site.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
In these Terms users of the Services, whether they are our customers or their representatives, are called “Users”.
TinEye reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice in the Application visible to you the next time you access the Application. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site or the date such email is sent, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at support[at]tineye.com.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
2. Registration Data; Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your Service access credentials ; (c) maintain and promptly update the Registration Data, and any other information you provide to TinEye, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TinEye. You are responsible for all activity on your TinEye account, and for all charges incurred by your TinEye account.
3. Fees; Charges; Taxes
Fees and any other charges for the use of the Services are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers, Customers or other Users, is called “User Content”. For example, images that you upload to the Application (for media monitoring purposes) is your User Content.
User Content is the User’s property. TinEye's only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 15 of these Terms.
Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of TinEye or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content, or any demands that you make to third parties related to your User Content, may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. Your Limited License of Your User Content to TinEye
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant TinEye and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 6 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Content to You
TinEye grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services, and to use the reports provided to you by the Services for any purpose relating to your User Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact TinEye at the address set out at the bottom of these Terms.
7. Use of the Services
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through or as a result of using the Services any of the following:
Automated cease and desist letters or demands, or demands for payment or of any other kind, concerning alleged infringement by another person of your or any other person’s intellectual property or other rights (and for clarity, any TinEye Alert provided to you by the Service must be reviewed by you or your representative, but in any event an individual);
Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. Providing a Reliable and Secure Service
If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use this Service, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
9. No Responsibility for Third-Party Services, Sites or Content
As a service to our users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
TinEye makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply TinEye's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. TinEye accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10. Warranty Disclaimer
The Site, the Content and the Services are provided to you on an “as is” basis without warranties from TinEye of any kind, either express or implied. You use the Site, the Content and the Services at your own risk. TinEye expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TinEye does not represent or warrant that Site, the Content or the Services are accurate, complete, reliable, current or error-free.
While TinEye attempts to make your access to and use of the Services safe, TinEye does not represent or warrant that the Site, the Content or the Services are free of viruses or other harmful components.
11. Limitation of Liability; Indemnity
Without limitation of the foregoing, neither TinEye nor its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content or the Services or other information obtained from TinEye or any other Released Party or accessible via the Site, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TinEye or any other Released Party's records, programs or services.
In no event shall the aggregate liability of TinEye, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content or the Services exceed any compensation paid by you for access to or use of the Site, the Content or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless TinEye and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of (i) your use of the Site, the Content and the Services, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party, and (ii) any demand, claim, allegation, suit or proceeding that you initiate, cause, defend or otherwise participate in in relation to your User Content (or any other intellectual property of yours or any other third party other than TinEye) and arising from, related to occurring in connection with your use of the Services.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
13. Applicable Law and Venue
The Services are controlled by TinEye and operated by it from its offices in Toronto, Ontario. You and TinEye both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and TinEye explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving TinEye and arising out of or relating to (a) these Terms; (b) the Site, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content or the Services; or (d) the relationships that result from these Terms or the Site, the Content or the Services (collectively, a “Claim”), will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify TinEye and the other Released Parties for your failure to comply with any such laws.
14. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, TinEye reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content. If we do so without cause we shall refund to you the prorated portion of any fees that you have prepaid to us.
15. Inactive Accounts; Termination of Agreement
If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support[at]tineye.com . If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and TinEye may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your TinEye account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 9, 10, 11, 12, 13, 15, and 16, and any representation or warranty you make in these Terms, shall survive indefinitely.
TinEye may reproduce and display Client’s logos, trademarks, trade names and similar identifying material on TinEye's website for the purpose of referring to Client as a customer of TinEye. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. TinEye may assign or transfer any or all of its rights and obligations hereunder to any party without your consent. You are not permitted to assign or transfer any of your rights or obligations hereunder without the prior written consent of TinEye, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TinEye regarding your use of the Site, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TinEye regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
17. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
223 Queen Street East
Toronto, ON M5A 1S2