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Terms of Use

EYETOK is a service provided by EYETOK, S.L. holder of tax ID code nº B-65998155 and with registered address at C/ Ca l’Alegre de Dalt, 55-57, local 4º 1ª, 08024 Barcelona, recorded in the Barcelona Commercial Registry in Volume 43741, Folio 92, Page B-437024, Entry 1.

Contact email: info@eyetok.com.

EYETOK is a video broadcasting and streaming service, directly from user to user or from user to a group or to the general public.

At EYETOK, our users are our concern, so don’t worry, we respect your privacy and copyright rights. Read the following conditions to know how and under what conditions our services are offered.

These Terms of Use (hereinafter, the "Terms") regulate both the use of the EYETOK application, simple browsing on the EYETOK webpage, and the access and use of the services EYETOK provides users, such as the content users generate, use or broadcast through EYETOK

The Privacy and Copyright policies form part of these Terms.

The access and use by the user of EYETOK is subject to the acceptance and fulfilment of these Terms. By using the EYETOK services, the user accepts these Terms.

Furthermore, use of the EYETOK services is likewise subject to any notices, amendments, updates or instructions, notified to the user by EYETOK, which might replace, complete and/or amend these Terms.

EYETOK Services

The services EYETOK offers through different platforms and technologies via applications for mobiles, smartphones, wearables, drones, gadgets, smartTV and tablets and the web www.eyetok.com (hereinafter, the “Services” or “EYETOK”) include, among others, the live broadcasting (streaming) of contents and videos generated by the users themselves, their hosting in the EYETOK Video Gallery, their disclosure, public communication, assignment to third parties and broadcasting.

The Contents

The contents (hereinafter, the “Contents”) will be deemed to be all videos, photographs, texts, images or other materials generated, broadcast, uploaded, hosted, downloaded or used by the Users through the EYETOK Services.

The Contents, in accordance with the individual options of the Users and conditions of use of the Services available from time to time, may be private or public, and available for all users of the EYETOK Services in the Video Gallery, and for the general public through social network sites, television channels or webpages for hosting and broadcasting videos, whether of EYETOK or third parties.

Users, the Public and Third-Party Entities

The users (hereinafter, the “Users”) are the legal entities or individuals registering with EYETOK through its apps or webpage to access and use the Services and Contents.

The Users are the only parties liable for the use made of the Services, for any content they reproduce, disclose or broadcast through the Services, and for any consequences arising therefrom.

The User is aware and accepts that the Content they share, broadcast, display or reproduce may be seen and be accessible, depending on the availability and type of use of the Services chosen, by other Users of the Services and by the public in general.

To these effects, the public (hereinafter, “Public” or “General Public”) will be considered to mean any person who might access to the Contents, whether or not a User of EYETOK, both through EYETOK and third-party entities.

Third parties (hereinafter, “Third Parties” or “Third-Party Entities”) will be considered to mean any individuals or legal entities which, through authorisation by EYETOK, whether or not Users of EYETOK, are entitled to access the Contents and used them, financially exploit them, broadcast them to the Public, to Users, to a certain group of Users or to a certain group of clients or subscribers of the actual services. Examples of Third-Party Entities are: a commercial brand, an organiser or promoter of cultural events or music festivals, a sports club, digital media, television channels, social networks, an application or webpage for broadcasting and hosting videos.

Types of Use of EYETOK.

Through the EYETOK Services, the User can decide and choose whether the Content they generate can be shared, broadcasted and used by different types of end Users or receivers, including Third-Party Entities.

Furthermore, the User is aware and accepts that the Contents they generate can be stored indefinitely in an EYETOK Video Gallery, available and accessible for other Users of EYETOK, and also for the General Public, both through social networks (Facebook, Twitter, etc.), videos webs (YouTube, etc.) or television channels or other media.

Types of use in relation to the Services:

  • One-to-One: through this Service the User is aware and accepts that the Contents they generate are broadcasted and available for a specific User who has previously requested and accepted access the Content. All the foregoing is notwithstanding the fact that, depending on the personal settings of the two Users, the Content may be stored on the Video Gallery, available to all the Users of EYETOK and the General Public.
  • One-to-Some: through this Service the User is aware and accepts that the Contents they generate are broadcasted and available for a group of Users of EYETOK previously chosen by the User. All the foregoing is notwithstanding the fact that, depending on the personal settings of the participating Users, the Content may be stored on the Video Gallery, available to all the Users of EYETOK and the General Public.
  • One-to-Many; through this Service the User is aware and accepts that the Contents they broadcast are available to all Users of EYETOK, Third-Party Entities and the General Public, who may restream such Contents, even without the prior consent and acceptance of the broadcasting User.
  • One-to-Channel: through this Service the User is aware and accepts that the Contents they broadcast are available to the General Public through Third-Party Entities (television channels, audiovisual production and recordings, webpages, applications for mobiles or tablets), for their communication and commercial exploitation with the General Public.
  • Channel-to-One: through this Service, a Third-Party Entity asks a User, which agrees, to generate and broadcast certain Content, in order for it to be communicated by such Third-Party Entity to the General Public or related public or member of such Third-Party Entity.

CHANNEL” is understood as meaning: a channel within EYETOK, managed by a Third-Party Entity, registered with EYETOK, and which, with its authorisation, uses the Contents for broadcasting, communication and storage, through the EYETOK Services or through a television channel, webpage or any multimedia format other than EYETOK.

IMPORTANT: Contents generated and broadcasted by Users throughout or using a Channel may be used and commercial exploit in EXCLUSIVITY by the Channel in the Channel or via any other media, in accordance with the Channel or EYETOK.

Therefore, User accepts that his or her Contents might be granted in EXCLUSIVITY for its use and commercial exploitation, worldwide and for an unlimited time, to the Channel to be used in the Channel as well as in any other media.

Rights of the Users

The User is the owner of the Contents they generate and broadcast through EYETOK.

The User decides on the use of the Contents they generate depending on the type of use of the Services and personal setting chosen for each type of Content (One-to-One, One-to-Some, One-to-Many, One-to-Channel, Channel-to-One).

In accordance with these Terms and the Copyright policy, the User grants EYETOK a worldwide non-exclusive licence for use over the Contents they generate, free of charge, for the entire protection period (where applicable), including the right to grant sub-licences to third parties, including commercially or for value. By virtue of this licence, EYETOK or its licensees may, among other exploitation rights: reproduce, communicate to the public, transform and distribute the Contents generated by the User in any form of exploitation currently known, including; through television channels, webpages for communicating and hosting videos, applications for mobiles and tablets and multimedia formats.

Obligations of the Users

Users are responsible for the use made of EYETOK and the Contents they generate and broadcast through EYETOK. The Users are aware and accept that the Contents they generate may be stored in the Video Gallery and communicated by and to other Users and the General Public through the Services, applications of EYETOK and Third-Party Entities, as well as through television channels, multimedia formats and webpages of Third-Party Entities.

Users must only generate and broadcast lawful Contents. Moreover, Users are recommended to only generate and broadcast Contents which they are comfortable sharing with others.

Users must use a “user name” to identify themselves on EYETOK which does not infringe any third-party rights, which is not offensive or disrespectful and which does not involve using the identity of any other person or Third Party.

The Users have informed themselves of, accept, agree to and undertake to respect the EYETOK Privacy and Copyright policies.

In general, the Users undertake to use the Services in accordance with any applicable legislation.

Likewise, the Users undertake not to generate, broadcast or store:

  1. Unlawful content.
  1. Content of a violent, obscene or offensive nature.
  1. Pornographic content.
  1. Derogatory, homophobic or racist content.
  1. Content harming the privacy, intimacy, reputation or personal image of any legal entities or individuals.
  1. Content infringing the rights of minors.
  1. Contents relating to the mistreatment of animals or the environment.

Specifically, in accordance with the Copyright policy, the Users:

  1. Undertake to respect any copyright and copyright of other Users and Third Parties and any other individual or legal entity.
  1. Except for permitted uses, exceptions, limits legally established or with the express consent of the holder of the rights, the Users undertake not to broadcast, disclose or store videos or other Contents concerning, for example, concerts, cinema, theatre, sports events or other contents protected by copyright or intellectual property or any other type of right.
  1. In particular, when a User wishes to generate and broadcast Contents regarding a sports event, artistic show, concert or the like, subject to being protected by copyright, intellectual property or any other type of right, the User undertakes to solely and exclusively use the Channel, providing it is available (One-to-Channel use format), created and enabled to such end by EYETOK for all the Contents related to such event to be broadcasted, hosted and managed through such authorised Channel.
  1. In the event no Channel is enabled on EYETOK for the management and broadcasting of Contents related to such sports, cultural or artistic events, the User must ensure it is allowed to broadcast and communicate such sports or cultural event, pursuant to the foregoing conditions.
  1. The User, unless proven otherwise, will be considered the author of the Contents they generate. All the foregoing is notwithstanding the assignment of the exploitation rights in favour of EYETOK, under these Terms and the Copyright policy.
  1. In the One-to-One and Channel-to-One Service formats, both the User-Broadcaster and the User-Receiver may use, reproduce, broadcast, communicate, distribute, transform, assign and market the Content separately and independently. All the foregoing is notwithstanding the provisions of the previous clause and, specifically, as regards the respecting of the copyright and the intellectual property or any other right of any third parties.

Continuity and interruption of the Services

The Services EYETOK provides are continually developing and therefore the form or nature of such Services can change from one day to another without such change having been notified to the Users previously.

EYETOK may interrupt (temporarily or permanently) the provision of the Services, or any of the characteristics of the Services.

EYETOK also reserves the right to put limits on the use and storage of Contents, at any time and with no prior notice.

Advertising and the Services

The Services may include advertising, which may be related to the Content or the Services or any other type of information.

The type and characteristics of the advertising EYETOK shows through the Services are subject to change. In consideration for the fact that EYETOK enables access to and use of the Services, the User accepts that EYETOK, its suppliers, Third-Party Entities and partners may include advertising in the Services or in relation to the Contents the Users broadcast through the Services.

Capacity and minors

The minimum age for accessing and using the Services of EYETOK is 14.

If you are younger than 14, you may not access the Services or the EYETOK web.

On accepting these Terms and the use of the Services, the User represents and warrants that they are 14 or over and not legally disqualified from accepting these Terms or the use of the Services.

Passwords

Users are responsible for the safekeeping of the password they use to access the Services. We recommend that you protect your account with a password hard to decipher.

EYETOK shall not be liable for any damage resulting from your lack of diligence in respect of the safekeeping of your password.

Liability regarding Content

Any Content, whether broadcast and stored publicly in the Video Gallery or communicated to other Users, Third-Party Entities or the General Public, is the sole liability of the User that generated, broadcast, stored or communicated such content.

The User undertakes to hashtag the Content correctly, using suitable terms, names or categories in relation to the Content. Under no circumstances may unsuitable names or terms be used for tagging the Contents, such as offensive, violent, obscene or insulting words.

Notwithstanding the process of the Notification of Infringements of unlawful or inappropriate contents EYETOK provides Users and third parties, EYETOK is under no obligation whatsoever to monitor or control the Contents of the Services, and accepts no liability for such Contents.

Users will be the only parties liable for the use of or trust placed in any Content or material reproduced, stored or communicated through the Services or through them.

EYETOK does not guarantee that the Content or any communications made through the Services are complete, true, accurate or reliable, and does not approve of the Contents provided through the Services.

The User declares they understand that the use of the Services might expose them to content which is incorrect, offensive, erroneous or inappropriate.

EYETOK assumes no liability whatsoever for the Content, including, without any limitation, any error or omission of any Content, or any damage or loss of any type which might have been caused as a consequence of the use of Content communicated through the Services, broadcast or made available to the User through the Services.

The User is the only party liable for the use made of the Services, for any Content they may broadcast and for any consequence arising therefrom, including use of the Content by other Users, Third-Party Entities or the Public.

EYETOK shall not be liable for the use the User makes of their Content in accordance with these Terms.

Eyetok User Licence for the Use of the Services

EYETOK grants the User a personal, worldwide, free, non-transferrable and non-exclusive licence to use the software EYETOK provides them as an integral part of the Services.

The sole purpose of this licence is to allow the User to use and enjoy the Services provided by EYETOK, in accordance with the provisions of these Terms.

Intellectual Property Rights of EYETOK

EYETOK is the holder or licensee of all intellectual property rights in relation to the Services, mobile and tablet applications and the web www.eyetok.com.

Inter alia, such rights affect the software, texts, logos, images, trademarks and other materials and works subject to protection related to the Services, mobile and tablet applications and the web www.eyetok.com.

The User undertakes to respect such rights, and not to download, copy, reproduce, distribute, void, damage, modify or disclose materials or creations held by EYETOK, without its prior written consent.

These Terms do not grant the User any right whatsoever in relation to the use of the name EYETOK, the EYETOK trademarks, the logos or domain names of EYETOK.

Restrictions on the Content and use of the Services

In accordance with these Conditions, the Privacy and Copyright policies, and legislation applicable, EYETOK reserves the right (without this implying any obligation for EYETOK) to:

  1. remove or refuse to distribute any Content on the Services.
  1. suspend or erase at any time Users failing to comply with these Terms, at any time, and to request the return of the user name with no compensation whatsoever.
  1. access, read, preserve and disclose any information of the Users under those circumstances where this is necessary in order to (i) fulfil a request from a competent administrative or legal authority, (ii) ensure the Terms are fulfilled, including the investigation into any potential infringement of the same, (iii) detect, prevent or deal with any fraud or questions of security or of a technical nature, (iv) respond to requests for help from Users, or (v) safeguard the rights, ownership or security of EYETOK and its Users.

The User is hereby informed that the following is prohibited:

  1. accessing, manipulating or using non-public areas of the Services, the EYETOK computer systems or technical systems of the EYETOK suppliers.
  1. testing, verifying or assessing the vulnerability of any system or network or breaching or circumventing any security measure or authentication of EYETOK or its suppliers.
  1. accessing, trying to access or searching in the Services through any means (automated or any other type, robots, spyware, etc.) other than the interfaces EYETOK provides publicly from time to time (and, in any case, in accordance with these Terms), unless you have been expressly authorised to do so through a separate agreement executed with EYETOK.
  1. falsifying any TCP/IP header package or any other part of the header information of an email or posting, or the use of the Services for sending information which has been altered, is misleading or false in respect of the information source.
  1. interfering with or interrupting (or any attempt to interfere with or interrupt) the access of any user, host or network, including, without limitation, the sending of any virus, overloads, overflows, the sending of unwanted mail, spamming the Services or using a Content script in such a way that interferes or implies an overload for the Services.

Limitation of Liability

The Services are available "UNDER CURRENT CONDITIONS"

The access and use of the Services or of any Content by the User shall be carried out at their own responsibility.

The User recognises and accepts that the Services shall be provided "UNDER CURRENT CONDITIONS" and "SUBJECT TO THE ACTUAL AVAILABILITY" of the Services.

Notwithstanding the foregoing, and as broadly as permitted by applicable law, EYETOK ASSUMES NO GUARANTEE OR CONDITION, WHETHER EXPRESS OR IMPLICIT, REGARDING THE COMMERCIAL QUALITY OR APPROPRIATENESS FOR A PARTICULAR PURPOSE.

EYETOK provides no guarantee whatsoever and declines any responsibility in respect of:

  1. the complete, accurate, available, punctual, safe and reliable nature of the Services or Contents.
  1. any damage to your computer systems, the loss of data or any other damage resulting from the access or use of the Services or any Content.
  1. the removal or lack of storage or broadcasting of any Content and any communications through the Services.
  1. the suitability of the Services for meeting the needs of the User, their availability or provision in a manner which is uninterrupted, safe or error-free.

Links

It is possible that the Services might contain links to web pages or third-party sources unrelated to EYETOK.

The User hereby recognises and accepts that EYETOK is not liable for:

  1. the availability and accuracy of such web pages or sources.
  1. the content, products or services present or available at such web pages or sources. The links to such web pages or sources do not imply approval by EYETOK of such web pages or sources or of the content, products or services offered by such web pages or sources.

The User hereby accepts and assumes the exclusive all-risk liability arising from the use of such web pages or sources.

Limitation of Liability

AS BROADLY AS APPLICABLE LAW ALLOWS, THE USER RECOGNISES THAT EYETOK SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGE, WHETHER DIRECT OR INDIRECT, OR FOR ANY POST PROFIT YOU MIGHT HAVE INCURRED, OR ANY LOSS OF USE, GOODWILL, OR ANY OTHER INTANGIBLE LOSS AS A RESULT OF (I) YOUR ACCESS OR USE OR INCAPACITY FOR ACCESSING OR USING THE SERVICES; (II) ANY CONDUCT OR CONTENT GENERATED BY A THIRD PARTY THROUGH THE SERVICES, INCLUDING, WITH NO LIMITATION WHATSOEVER, ANY SLANDEROUS, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED THROUGH THE SERVICES; OR (IV) THE UNAUTHORISED CHANGE, USE OR ACCESS OF YOUR BROADCASTS OR COMMUNICATIONS.[UNDER NO CIRCUMSTANCES CAN THE TOTAL COMPENSATION EYETOK MUST PAY EXCEED THE AMOUNT PAID, WHERE APPLICABLE, BY THE USER TO EYETOK IN THE LAST SIX MONTHS FOR THE PROVISION OF THE SERVICES WHICH GAVE RISE TO YOUR CLAIM.

Integral Nature of the Terms

These Terms, and the Privacy and Copyright policies, constitute the agreement between the User and EYETOK in relation to the Services (excluding any other service for which you might have executed with EYETOK a separate agreement or which expressly complements or replaces these Terms) and these Terms revoke and replace any prior agreement between the User and EYETOK in relation to the Services.

The cancellation or withdrawal by EYETOK of any the provisions contained in these Terms does not imply the waiver of such right or provision. Should any provision of these Terms be invalid or no applicable, such provision shall be considered to be limited or eliminated, whereas the rest of the provisions shall remain in place and applicable.

EYETOK may revise these Terms, although the most recent version will always be available at https://www.eyetok.com/mobile-terms-of-use/

Discretionally, if EYETOK considers that the revision or update of the Terms is relevant, EYETOK shall notify the Users by email to the address linked to their User accounts. Once the revisions have been made effective, the continued access and use of the Services shall imply implicit acceptance of the revised Terms.

Applicable law and jurisdiction

The Users accept that the Courts and Tribunals of Barcelona (Spain) will be competent for interpreting or resolving any disputes arising from the Services, the Contents and these Terms.

Likewise, the Users agree to submit themselves to Spanish law.