TERMS OF SERVICES

Eyebees is a Web service operated by Eyebees B.V. Amsterdam The Netherlands,that enables you, as an owner and or webmaster of a website or websites (“Member”), to show the presence, location and movement of visitors to your site(s), what we call Eyebees, and have your visitors send messages to each other (“Services”).

By using the Services you explicitly agree to the following terms of services (“Terms of Services”). If you are not willing to accept the Terms of Service, we ask you not to use the Services.

Article 1    

Privacy

Your privacy is important to us. For using the Services you do not have to disclose any personal information. Please read our Privacy Policy for more information.

Article 2    

Instructions

You undertake to duly comply with all instructions for the use of the Services and not to use the Services contrary to these Terms of Services. Your use of the Services is subject to all applicable national and international laws and regulations.

Article 3    

Restriction/termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, in case you do not use the Services in accordance with these Terms of Services or the applicable and international laws and regulations without prior notice or liability. We also reserve the right to remove your account that is "inactive" for a period of 30 days without prior notice or liability. "Inactive" means that visitors have not logged in to your site(s).

Article 4    

Warranties

1. The Services are provided on an `as is` and `as available` basis. We make no representations or endorsement about the suitability, timeliness or accuracy of the Services. We disclaim all warranties, either express or implied, including, but not limited to, warranties of condition, quality, merchantability, fitness for a particular purpose and non-infringement

2.We do not make any warranty that the Services will meet your requirements or expectations, or that access to the Services will be uninterrupted, timely, secure, or error-free. We make no warranties as to the results that may be obtained from the use of the Services or as the accuracy, quality, or reliability of any information obtained by using the Services.

3.You understand and agree that any material and/or data obtained through the use of the Services is used at your own risk. You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of material and/or data and the implementation of our Services on your site(s)

Article 5    

Liability

1. You agree that your use of the Services is at your sole risk.

2.In no event shall we, our subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Services, be liable for any damages whatsoever, including, but not limited to, any direct and indirect damages, arising out of or related to the use of our services, the content of any message send by your visitors, all other use, inability to use, unauthorized use or non-performance of the Services.

Article 6    

Indemnification

You hereby agree to indemnify and hold harmless Eyebees, our subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Services against any and all liability, losses, damages and claims of any third party due to or arising out of your use of or conduct on the Services.

Article 7    

Intellectual property

1.You acknowledge that the Services contain information, data, software, photographs, graphics, videos, images, sounds and other material (collectively `Content`) that are protected by copyrights, trademarks, or other proprietary rights.

2.It is prohibited to copy, modify, display, transmit, publish, transfer, sell or in any other way make available the Content (or any part thereof) without our prior approval

Article 8    

Miscellaneous

1. We reserve the right to modify and assign these Terms of Service, in whole or in part, at any time.

2.If any provision of these Terms of Services is determined to be (partly) invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Services shall continue in effect

3.These Terms of Services are governed by the laws of the Netherlands without regard to its choice of law provisions. The district court in Amsterdam has the exclusive jurisdiction regarding any and all disputes relating to these Terms of Services. You irrevocably consent to bring any action to enforce these Terms of Services in the district court located in Amsterdam, the Netherlands

Enjoy eyebees!

Copyright

eyebees b.v. 2008