Sooshi (social sooshi)

END-USER LICENSE AGREEMENT
for SOOSHI SOFTWARE and SERVICE

  1. Acceptance of Terms

    1. This is a legal agreement between you and eyeP Media SA, a Swiss company with its seat Avenue des Baumettes 15, 1020 Renens, Switzerland.
    2. In this agreement:
      1. “we”, “us” and “our” mean eyeP Media SA;
      2. “Software” means the software program you have downloaded and are about to use which is so-called Sooshi and which is described in this agreement;
      3. “Service” means the location based services you will be able to use after having downloaded the Software and created your profile to share with other user of the Software and the Service;
      4. “Sooshi” means the Software and/or the Service; and
      5. “you” means the person having downloaded the Software and created your own unique profile and your Sooshi account.
      6. “Apple” means Apple Inc, a company incorporated under the laws of California, with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014, United States of America.
    3. You and us hereby acknowledge and agree that Apple is not part of this agreement and Apple is not responsible for either the Software or Service nor the content of Sooshi. Furthermore, Apple is under no obligation to furnish any support or maintenance whatsoever with respect to the Software, Service or Sooshi.
    4. You acknowledge that if required, eyeP Media SA may assign its rights of execution and enforcement regarding the present agreement to Apple, as a third party beneficiary. In case of assignment, you will receive from us a notification by email of such assignment to the address indicated when signing up to Sooshi.
    5. This agreement describes your rights and responsibilities, and ours, in connection with using Sooshi.
    6. You represent that you are at least 18 years of age and any information you submit is correct.
    7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. When you sign up with Sooshi by creating an account:
      1. you are licensed to use the Software and the Service which are the objects of this agreement on an iPhone device that you own or control. We do not grant you a license to use the Software and/or the Service for any commercial use whatsoever. We do not grant you any interest in the property of the Software and/or the Service, whether patent, copyright, or any other intellectual property right; ownership right, title, or interest;
      2. you explicitly accept this agreement and its terms and conditions. If you do not accept this agreement you are not authorized to use the Software and the Service;
      3. you explicitly acknowledge and accept the nature of the Software and the Service that integrate you into a community comprised of contacts (users of Sooshi you have accepted like you the terms and conditions of this agreement) and other members using the Software and the Service, who will be able to discover your identity and location, depending on your visibility status.
    9. We are continually expanding and modifying the features and functionality of the Software and the Service, and we reserve the right to modify the terms of this agreement at any time.
    10. Please also see our Privacy Statement (attachment 1) about how we use the personal data we collect when you register with Sooshi and use the Software and the Service.
    11. Any complaints or claims with respect to this agreement should be addressed to eyeP Media SA, Attn. Support, Avenue des Baumettes 15, CH-1020 Renens, Switzerland, email address support@eyepmedia.com.

  2. The Software and the intellectual property rights

    1. To enable you to use the Service, we provide the Software which is a software application for your iPhone, which may be pre-installed on your iPhone or downloaded by you from the App Store (http://www.apple.com/iphone/appstore/).
    2. You agree that all title and intellectual property rights in and to the Software and/or Service (including but not limited to the content, API, maps, directions, (x;y) coordinates and any images, photographs, animations, video, audio, music, text, and "applets," if any) are owned or under license by us. This agreement grants you no rights to any such intellectual property rights except for the limited rights of use expressly granted under the terms and conditions of this agreement.
    3. You acknowledge that in the event of any third party claim relating to the Software, Service or Sooshi or your possession or use of the Software, Service or Sooshi that we and not Apple, are solely responsible of the investigation, defense, settlement and discharge or any such intellectual property infringement claim, this responsibility being confined by the limitations and disclaimers enumerated under clauses 7 and 8.

  3. Using the Software and the Service

    1. The main features of the Software let you notably:
      1. Set up a private account;
      2. Select the distance you would like to share your information and view others through use of GPS;
      3. Set your visibility settings to:
        1. Sooshi contacts: people you have expressly accepted into your network;
        2. Everyone: all people using Sooshi within the set geographical radius; and
      4. Be seen by all people within your visibility settings and in turn go through all the information on displayed on your Sooshi page;
    2. By using our Software and the Service, you accept that we:
      1. have no control over third party websites like Facebook or LinkedIn etc.;
      2. are not responsible for connection or access to other members of Sooshi; and
      3. do not guarantee that the Software and/or the Service will work on all iPhones, nor that they will be compatible with all mobile phone networks or be available in all areas.

  4. Your Sooshi account

    1. When you register with Sooshi we give you a secure account, which enables you to use the Software and/or the Service. Through your account you can select and configure the Sooshi features.
    2. You are responsible for maintaining the confidentiality of your account and the security of your password. You agree that you are responsible for all activities that occur under your account and password.
    3. You can access and update your personal information in the “My Account” section of the Sooshi.

  5. No Commercial, harmful or unlawful use of the Software and/or Service

    1. The Software and the Service are only for your personal use. This agreement does not allow you to use the Software and the Service for any commercial purposes, including but not limited to any form of direct or indirect sales or promotional activities, nor any form of carrier or logistic organization.
    2. We own the title, copyright and other intellectual property rights to the Software and the Service. You will not:
      1. dissemble, decompile, or reverse engineer the Software except as expressly permitted by law;
      2. reproduce, translate, modify, sell, lease, rent, loan, distribute, sub-license or create derivative works of the Software.
    3. You agree NOT to:
      1. use the Software and/or the Service for any purpose that is unlawful or might infringe any patent, trade mark, copyright, rights of privacy, rights of publicity or any other rights of third parties;
      2. use the Software and/or the Service as an accessory to any type of unlawful behavior;
      3. use the Software and/or the Service in any manner that might damage, disable, overburden or impair the Software and/or the Service, or third-party computer hardware or software;
      4. attempt to gain unauthorized access to the Software and/or the Service, other accounts, computer systems or networks using the Software and/or the Service, through password mining or any other means.

  6. Code of Conduct

    1. You are NOT to:
      1. include, distribute and/or disseminate any harmful, vulgar obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful or racially, ethnically or otherwise objectionable material or information via the Software and/or the Service, or use an offensive username;
      2. defame, abuse, harass, stalk, threaten or otherwise violate the rights of others by your use of the Software and/or the Service;
      3. interfere with any third party’s use or enjoyment of the Software and/or the Service.

  7. No guaranty regarding the Software and Service

    1. We do not guarantee that the Software and/or the Service will be error free or free from interruption or other failures, or that the Software and/or the Service will satisfy your specific requirements.
    2. Certain functions of the Software and/or the Service may be unavailable or temporarily impaired because of failure of telecommunications links and equipment, or other causes which are beyond our control.
    3. We cannot guarantee that the Software and/or the Service will be free of all viruses.
    4. Further, and more generally, we provide the Software and the Service "as is" without warranty of any kind. To the maximum extent permitted by law, any and all warranties of any kind whatsoever, including implied or statutory warranties, including but not limited to those of merchantability, fitness for a particular purpose, title or non-infringement, accuracy or completeness of responses, results, reasonable care or workmanlike effort, lack of negligence, or of lack of viruses, all with regard to Software and the Service are expressly excluded. We make no warranty that the Software and the Service will operate properly.

  8. Limitation of liability and disclaimer

    1. By signing up with Sooshi you agree that we are not responsible and will not be liable for any photos, videos or other media that are displayed on your iPhone via the Software and/or the Service from other Sooshi users. This includes but is not limited to any harmful, vulgar, obscene, indecent, unlawful, libelous, profane, defamatory, infringing inappropriate, hateful or racially, ethnically or otherwise objectionable material or information.
    2. You further agree that we shall not be responsible and will not be liable for any misuse, unlawful or illicit behavior by one of your Sooshi contacts or other Sooshi users, based on information gathered through the Software and/or Service, including your identity and your localization.
    3. We will not be liable for any direct and consequential, incidental, indirect, economic or punitive damages whatsoever (including but not limited to damages for loss of business or personal profits or confidential information, business interruption or any other pecuniary loss) arising out or in any way related to the use of or inability to use the Software and/or the Service, even if we have been advised of the possibility of such damages.
    4. Whatever the case may be, Apple is not responsible for addressing any claims by you regarding product liability and/or claims that the Software, Service or Sooshi fails to conform to any applicable legal or regulatory requirement and/or claims arising under consumer protection or similar legislation.
    5. If the Software, Service or Sooshi fails to conform to any applicable warranty, you may notify Apple who will refund the purchase for the Software. To the maximum extent permitted by law, Apple has no other warranty obligations whatsoever with respect to the Software, Service or Sooshi, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our responsibility, responsibility which is subject to the limitations and disclaimers enumerated under clause 7 and this clause 8.

  9. You indemnify us

    1. You agree to indemnify, defend and hold harmless us from and against any and all claims, proceedings damages, injuries, liabilities, losses, costs and expenses (including but not limited to any legal fees), relating to any acts by you, or media or information transmitted by you in connection with the Software and/or the Service, leading wholly or partially to claims against us by other Sooshi users or third parties, regardless of the type of claim or the nature of the cause of action.

  10. Termination of this agreement

    1. You may terminate your Sooshi account at any time on the Sooshi website. Doing so will also end you right to us the Software and the Service under this agreement. All the other clauses of this agreement shall however remain into force after such termination.
    2. We may terminate immediately and without prior notice your account and your right to use Software and the Service at any time if we reasonably believe that you have violated this agreement.

  11. Severability and assignment

    1. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the reminder of such provision or paragraph. The void or unenforceable provisions shall be replaced by valid, enforceable provisions to be agreed upon by the parties hereto which shall accomplish as precisely as possible the purpose and intent of the void and invalid provisions.
    2. You may not assign this agreement nor any rights you may have under this agreement to any third party. We may assign this agreement and any of our right or obligations under this agreement to any third party without your prior written consent.

  12. Governing law and jurisdiction

    1. This agreement shall be governed by and construed in accordance with the substantive laws of Switzerland and are enforceable therein. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy, or difference which may arise between the Parties hereto, out of or in relation to or in connection with this agreement, or any breach hereof, shall be settled amicably between the parties, but in the event no amicable settlement can be reached within 30 days after the first request, the Courts of the Canton Vaud shall have exclusive jurisdiction.

Attachment 1: Privacy Statement

END-USER LICENSE AGREEMENT PRIVACY STATEMENT

  1. What this privacy statement covers

    1. We are committed to protect your privacy. This privacy statement describes what personal information we collect, how we use it and how we may share it.
    2. We collect personal information that identifies you when you sign up with Sooshi and each time you use the service. We will keep this information for a reasonable period or for as long as the law requires.
    3. We reserve the right to change this privacy agreement from time to time. The latest version will be on our website.

  2. Personal information we collect to set up your Sooshi account

    When you sign up with Sooshi, we only collect:

    1. a username, password and email address so that you can use Sooshi securely; and
    2. the identification number of your iPhone and the other information of your personal profile.

  3. Additional Information we collect automatically when you use Sooshi

    When you use Sooshi, we only record:

    1. the localization of your iPhone during the time you are using the Service;
    2. the connection you are making with other Sooshi users; and
    3. the information you are exchanging with the other users, such ay pictures, text messages etc.

  4. Purpose of the collect personal information

    We collect personal information to improve the services and functionalities provided to you and the other users of Sooshi by us of third parties.

  5. How we share your personal information with third parties

    When using Sooshi you may decide to share your personal information with other users or third parties service providers such as Facebook or Linkedin. Further, we may provide part of your information to third parties which may contain your username to improve Sooshi services. You agree that we may provide to third party your personal information for processing purposes of to improve Sooshi services, in Switzerland or abroad. By written agreements, these third parties are required to implement reasonable security measures and process your information only as authorized by us to process the services they have been contracted to provide.

  6. How you can update, edit or delete account information

    As a registered Sooshi user, you can review and update your account details online using your username and password. When you update information, we usually keep a copy of the previous versions for our records.

  7. Security of your personal information

    To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place reasonable security measure, i.e. physical, electronic, and managerial procedures to protect the information we collect.