Effective date: September 22nd, 2017
1. You must be at least 13 years old to use the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
3. You agree that you will not solicit, collect or use the login credentials of other Service users.
4. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER IMAGE SEARCHER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Envision.
10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Service users.
11. You must not use domain names or web URLs in your username without prior written consent from Envision.
12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device.
13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to remove any images from our databases for any reason. For example, if any images violate our policies or have explicit content.
6. We reserve the right to have a royalty free use of any of the images taken.
8. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Envision is not responsible or liable for the conduct of any user. Envision reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
9. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Envision does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Envision is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Envision has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Envision Parties (defined below) harmless for activity related to the Application.
10. You agree that you are responsible for all data charges you incur through use of the Service.
11. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Envision' express consent).
12. You agree that there is no legal or contractual relationship or obligation between you and the Envision for whatever reason by using the Service.
2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Envision may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You also acknowledge that we may use your email address and other identifiable information your provide during sign up to periodically communicate with you through newsletters or any other electronic campaigns.
5. The Service contains content owned or licensed by Envision ("Envision Content"). Envision Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Envision, Envision owns and retains all rights in the Envision Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Envision Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Envision Content.
6. The Service name and logo are trademarks of Envision, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Envision. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Envision, and may not be copied, imitated or used, in whole or in part, without prior written permission from Envision.
7. Although it is Envision intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Envision reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Envision, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Envision encourages you to maintain your own backup of your Content. In other words, Envision is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Envision will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
10. It is Envision policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Envision does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Envision is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
1. We respect other people's rights, and expect you to do the same.
2. If you repeatedly infringe other people's intellectual property rights, we will disable your access to the service.
Disclaimer of Warranties
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE IMAGE SEARCHER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE IMAGE SEARCHER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE IMAGE SEARCHER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE IMAGE SEARCHER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE IMAGE SEARCHER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE IMAGE SEARCHER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF IMAGE SEARCHER' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE IMAGE SEARCHER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE IMAGE SEARCHER PARTIES.BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."IMAGE SEARCHER 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.
Envision Technologies B.V.
ATTN: Arbitration Opt-out
You must include your name and residence address and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Envision.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Envision must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
We created this policy to give you a head start on understanding our information collection and use practices. It is important that you read this document for the full explanation of our privacy practices.
We receive information that:
◦ you allow us to collect when you use certain Envision features
◦ we get from seeing how you use Envision
◦ we get from communicating with you
We use this information to:
◦ provide Envision features and services to you
◦ manage and improve the Envision website, app and services
◦ analyze how you use Envision
◦ provide you with information
◦ diagnose technical problems and maintain security
◦ provide you with marketing that is relevant to you
We share this information with:
◦ business partners, which may include advertising partners
◦ businesses that are legally part of the same group of companies that Envision is part of, or that become part of the same group
◦ outside parties to comply with the law and legal obligation
We store information:
◦ primarily in the United States, but may also use other locations around the world
Effective date: September 22, 2013.
Welcome to Envision ("Envision," "we," "us" or "our"). Envision provides an fast and accurate image recognition utility. After an image is taken, using the built in camera capture feature, it then defines the image for the user.
◦ Our Policy applies to all visitors, users, and others who access the Service ("Users").
Click on the links below to jump to each section of this Policy:
1 Information We Collect
2 How We Use Your Information
3 Sharing of Your Information
4 How We Store Your Information
5 Your Choices About Your Information
6 Children's Privacy
7 Other Websites and Services
9 How to Contact Us
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
Communications between you and Envision. For example, we may send you Service-related emails (e.g., changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related emails.
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:
Log file information:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the web page or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Envision.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
2. HOW WE USE YOUR INFORMATION
provide, improve, test, and monitor the effectiveness of our Service
develop and test new products and features
monitor metrics such as total number of visitors, traffic, and demographic patterns
diagnose or fix technology problems
automatically update the Envision application on your device
provide personalized content and information to you and others, which could include online ads or other forms of marketing
3. SHARING OF YOUR INFORMATION
We will not rent or sell your private contact information, such as username, user ID, device ID, email address, etc. to third parties outside CamFind (or the group of companies of which CamFind is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may license the image data to outside companies or organizations for their internal use only. No user IDs or any other personally identifying metadata will ever be attached along with the images.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
What happens in the event of a change of control:
Instances where we may be required to share your information:
Envision will disclose your information where required to do so by law or by judicial process or if we reasonably believe that such action is necessary to:
comply with the law and the reasonable requests of law enforcement
protect the security or integrity of our Service
exercise or protect the rights, property, or personal safety of Envision, our Users or others
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
The images taken by you are stored indefinitely.
Your information collected through the Service may be stored and processed in the United States or any other country in which Envision, a company in the same group of companies as Envision or Service Providers maintain facilities.
Envision may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Please do your part to help us. You are responsible for maintaining the control access to emails between you and Envision, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
How long we keep your User Content:
Following termination or deactivation of your account, Envision may retain information and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
If you have any questions about termination or deactivation of your account, please contact us directly at email@example.com
6. CHILDREN'S PRIVACY
Envision does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
7. OTHER WEB SITES AND SERVICES
Our service employs a proprietary technology that utilizes both computer vision and crowdsourcing.
9. HOW TO CONTACT US