BY USING THE EYETIDE.COM WEB SITE (THE "WEB SITE") AND THE EYETIDE MEDIA VIEWING SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY (THE "USER") AGREES TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF THE USER DOES NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH BELOW, THE USER MUST NOT USE THE WEB SITE OR THE PRODUCT.

1. Scope of Agreement. As used in this Agreement, "Eyetide Media" shall mean Eyetide Media Inc., a Delaware corporation. Any third-party content included on the Web Site and not discussed in this Agreement is outside the scope of these terms and conditions and is governed by a separate third party's license agreement.

2. Eyecard Use. User must comply with all applicable laws and regulations when using the electronic greeting card functionality (the "Eyecard"). User must use correct email addresses and names of recipients. Use of the Eyecard is restricted to personal, noncommercial use only. User may not use the Eyecard to send chain letters, commercial solicitation, mass mailing, or any form of "spam." User is solely responsible for the content of any messages included within Eyecards sent. User may not use the Eyecard to send messages that are illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane, defamatory, or that infringe upon or violate the rights of any third party. User agrees to defend, indemnify, and hold Eyetide Media and its affiliates, directors, officers, employees, and agents harmless against any and all claims asserted against Eyetide Media and its affiliates, directors, officers, employees, and agents as a result of User's use of the Eyecard, including without limitation any claims relating to the content of any messages that User sends or receives using the Eyecard. Eyetide Media retains the right to remove any User for abuse of the acceptable Eyecard use outlined in this Agreement.

3. Noncommercial Use. This License is for the private, noncommercial use of the Product only. Any commercial use, including but not limited to uploading commercial Content, and promoting or marketing products and services, not expressly permitted by Eyetide Media is hereby prohibited. Eyetide Media reserves the right to terminate this Agreement with any User who uses the Product in a commercial manner.

4. Content Use. All rights to all the images, textual content, design, and advertisements (the "Content") on the Web Site are owned by Eyetide Media or its licensors and suppliers, and their respective owners, and are protected by United States copyright laws, trademark laws, international treaty provisions, and other applicable laws. Eyetide Media and its licensors and suppliers retain all rights not expressly granted by this Agreement. The Content may not be transferred or sublicensed, or converted to any other file format for any reason. Exporting the Content into ANY OTHER SOFTWARE product is expressly prohibited. No other distribution of the Content is authorized, without the express written consent of Eyetide Media, Inc.

5. Uploading Content. No User may upload to the Web Site to be viewed in the Product: (i) Content that we believe is pornographic, obscene, or of an adult or sexual nature; (ii) Content that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred, and profanity; (iii) Content that exploits children under the age of 18 or posts or discloses personally identifying information about children under the age of 18; (iv) Content promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual, or cruelty to animals; (v) copyrighted Content that is used without the express permission of the owner. PHOTOGRAPHS AND OTHER IMAGES PUBLISHED IN BOOKS, MAGAZINES, POSTERS, CALENDARS, WEB SITES, AND OTHER MEDIA ARE GENERALLY PROTECTED BY COPYRIGHT LAW. UPLOADING THESE IMAGES TO THE WEB SITE AND THE PRODUCT WITHOUT THE OWNER'S PERMISSION CONSITUTUES COPYRIGHT INFRINGEMENT AND MAY RESULT IN TERMINATION OF THIS AGREEMENT. (vi) Content that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or (vii) any links to the above.

Eyetide Media has the sole discretion to decide whether Content is prohibited on the Web Site or in the Product and any Materials submitted to the Web Site or the Product may be examined from time to time. User acknowledges that although Eyetide Media does not and cannot examine all Content submitted or transmitted to the Web Site or the Product, Eyetide Media has the absolute right (but not the obligation) to delete, move, and edit Content for any reasons, in any manner, at any time, without notice.

User, and not Eyetide Media, is solely responsible and liable for all Content uploaded to the Web Site and the Product.

6. Copyright of Uploaded Content. User hereby grants Eyetide Media a perpetual, universal, and nonexclusive right to copy, display, modify, alter, transmit, and distribute any Content provided by User to Eyetide Media. User is the owner of all Content submitted by User to Eyetide Media, and User represents that he or she is the legal owner of the copyright to all Content that User submits to Eyetide Media or that User has permission from the copyright owner to submit the Content to Eyetide Media. User also hereby grants other Users of the Web Site and the Product the right to access, use, perform and display (publicly or otherwise), reproduce, and distribute Content provided by User to Eyetide Media, provided that such uses comply with the limitations under Sections 3 and 4.

7. Restrictions. Except as otherwise expressly authorized by this Agreement, User may not: (i) modify or create any derivative works of the Web Site or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Web Site (except to the extent applicable laws specifically prohibit such restriction); (iii) encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Web Site; (iv) remove or alter any trademark, logo, copyright, or other proprietary notice, legend, symbol, or label on the Web Site without the prior written consent of Eyetide Media. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.

8. Termination. Without prejudice to any of its rights and remedies, Eyetide Media may terminate this Agreement if User breaches any of the terms and conditions.

9. Proprietary Rights. All right, title, and interest in and to the Web Site and Content, including but not limited to all ownership and intellectual property rights on the Web Site and Content, shall remain the property of Eyetide Media and/or its licensors and suppliers. User acknowledges such ownership, intellectual property rights, and interests, and will not take any action to jeopardize, limit, or interfere in any manner with Eyetide Media's or its licensors' or suppliers' ownership of or rights with respect to the Web Site or Content. The Web Site and Content are protected by copyright, trademark, and other intellectual property laws and by international treaties. Title and related rights in the Content accessed through the Web Site and Content are the property of the applicable Content owner and are protected by applicable law. This Agreement gives User no rights to such Content.

10. DISCLAIMER OF WARRANTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE IS BORNE BY USER. SHOULD THE WEB SITE PROVE DEFECTIVE IN ANY RESPECT, USER AND NOT EYETIDE MEDIA OR ITS LICENSORS OR SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE WEB SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EYETIDE MEDIA OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH ANY CLAIM MAY BE BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. EYETIDE MEDIA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY USER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE WEB SITE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

12. USER OUTSIDE THE U.S. If User is located outside the U.S., then User is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export, or use the Web Site, and User represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.