User Terms & Conditions

THESE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SOCIALEYES LIMITED.

 

BY PROCEEDING TO USE THE SOCIALEYES SERVICE YOU ARE AGREEING TO BE BOUND BY THESE TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL BEFORE ACCEPTING THEM AND USING THE SERVICE.

 

IN PARTICULAR, YOUR ATTENTION IS DRAWN TO CLAUSES

9 and 13 of this EULA.

 

 

IMPORTANT WORDS AND DEFINITIONS

In this Agreement, the following words have the following meanings:

Booking” means an order placed by a User to book Talent to deliver an Experience at a particular time on a particular date.

Device” means a mobile telephone with internet functionality, or a computing device with internet functionality (such as a touchscreen ‘tablet’ or desktop computer).

Fee” means a fee payable to SocialEyes by a User in respect of an Experience, which shall be set out on the Website and/or communicated via the Service at the time the relevant Booking is made.

Service” means the SocialEyes Service, version 1.0 or later, which enables Users to book Experiences with their selected Talent.

SocialEyes” means SocialEyes Limited, a company registered in Scotland with registration number SC622984.

“Talent” means an individual content creator or performer, who delivers Experiences via the Service.

User” means and individual who registers an account on the Service; and terms such as “Users” shall be interpreted accordingly. For the avoidance of doubt a ‘User’ includes individuals who access the Service (or otherwise receive or participate in an Experience) as guests of other Users who have registered an account to use the Service and placed a Booking.

“Website” means the SocialEyes website at [www.socialeyes.club].     

Where this end-user licence agreement (the “EULA”) refers to “you” or “your” it means the individual accepting this agreement; where it refers to “us”, “our” or “we” it means SocialEyes.

 

Agreed terms

  1. Acknowledgements
    • The terms of this EULA apply to your use of the Service and to any updates or supplements to it unless such additions are provided pursuant to separate
    • SocialEyes may change these terms at any time without Any such changes shall take effect on the next occasion that you make use of the Service. Any new terms may be displayed on-screen when you next use the Service and you may be required to read and accept them in order to continue your use of the Service.
    • Use of the Service by you is governed by the terms of this EULA but may also be subject to any rules or policies applied by any Appstore provider or operator from whose site you may download a mobile application that lets you access the Service.
    • You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you which you may use to access or use the You and they may be charged by internet service providers for accessing the Service on such Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Service on any such Device, whether or not it is owned by you.
    • The terms of our privacy policy (the “Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Service may be read or intercepted by third parties, even if a particular transmission is encrypted.
    • By using the Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that you use to access the Services in order to let us improve and optimise the Service for all users.
    • The Service may contain links to other independent third-party websites or apps (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through
  2. Booking and Receiving Serivces
    • The Service enables Users to make Bookings for Experiences. Where you make a Booking you will be responsible for paying all Fees associate with the Experience that you have selected and/or specified. Users may be required to pay a Fee in order to make or secure a Booking.
    • When a User creates a Booking they are entering into a binding contract with SocialEyes. SocialEyes will be responsible for delivering all Experiences and for dealing with all enquiries, complaints and correspondence from Users. The Service does not permit or enable Users to enter into any form of direct or contractual relationship with Talent.
    • Experiences will be delivered remotely using internet enabled communication services. Experiences may be delivered via the Service, or may be delivered using third party software services (such as videoconferencing or livestreaming software). Where an Experience is delivered using third party software it is the sole responsibility of each individual User to ensure that they are able to access and use the relevant software, as well as to pay all associated fees for such access.
    • Users acknowledge that they will be responsible for ensuring that they have access to equipment suitable to receive the Service and any Experiences. SocialEyes will not be responsible for any failure of equipment, software or internet services owned or used by Users.
    • Experiences are live events and are time dependent. SocialEyes reserves the right to cancel the delivery of an Experience if a User arrives (or otherwise attempts to gain access to) an Experience late.
    • Purchase of an Experience represents the purchase of a licence to view the associated content (for details, see clause 6 of this EULA). That licence is time limited and may be limited to a particular number of guest Users. Where that is the case SocialEyes reserves the right to prevent access to the relevant Experience outside of the allocated times, and to Users in excess of the permitted number.
    • SocialEyes shall have discretion in how it delivers Experiences and the precise content of those Experiences. Experiences are live events and may vary from their original description depending on the prevailing conditions at the time that they are delivered. Users accept that the content of Experiences may vary from their original descriptions and that such variations shall not constitute valid grounds for claiming or receiving any form of refund.
    • Users acknowledge that the Service does not give them any right to make any claim against any Talent (in contract, tort, or otherwise). To the maximum extent permitted by law Users release Talent from all responsibility for claims and liability which may arise from Bookings or Experiences.
  3. Paying for Services
    • Unless otherwise stated via the Service, all Fees for an Experience are due in advance of that Experience taking place and must be made in fully cleared funds in order for the User to make a valid booking in respect of that Experience. SocialEyes reserves the right to withhold service and/or to cancel any booking where it does not receive full payment of the Fees in advance.
    • Where any Fees due in respect of an Experience are due to be paid after the relevant Experience has concluded, SocialEyes shall be entitled to charge the User interest in respect of the late payment of any sums due on a daily basis at the rate of 8 per cent per annum above the base rate from time to time of Barclays Bank plc or at the maximum rate permitted by statute from the due date therefor until payment, whichever is higher.
    • SocialEyes shall be entitled to change the Fees listed on the Service from time to time by posting details of updated Fees on the relevant part of the Service. Such increases shall take effect immediately and shall be payable by Users when they next opt to make a Bookings.
    • Where VAT, or any similar purchase tax, is due in respect of Fees the cost of such tax will be payable by the Customer.
    • Unless otherwise specifically stated on the Service, all Fees are due and payable in Pounds Sterling.
  4. Cancellations and Refunds
    • Users may request cancellation of a Booking at any time up to 48 hours before the relevant Experience commences.
    • Where a User cancels a Booking the provision of a refund (full or partial) will be solely at SocialEyes’ discretion. The provision of a refund may be made provisional on a User’s compliance with a published refund policy, and SocialEyes reserves the right to withhold a refund if a User’s conduct has caused it to incur fees or expenses.
    • SocialEyes may cancel or revoke a Booking at any time. Where cancellation occurs for reasons other than User conduct (if, for example, Talent is unable to deliver the relevant Experience because of illness or personal circumstances) SocialEyes will endeavour to refund any Fees paid in advance for that Experience.
  5. User Conduct
    • As a condition of being granted access to the Service all Users acknowledge that they are not permitted to:
      • use or access the Service if they are under the age of 16;
      • attempt to record, sub-licence, redistribute, ‘live stream’, or otherwise retransmit the contents of any Experience;
      • use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, and in particular that the Services may not be used for any purpose which is fraudulently or malicious;
      • use the Service to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is or which would be unlawful, or which that User does not possess all necessary regulatory permissions to lawfully perform or engage in;
      • use the Service to offer, solicit, procure or otherwise facilitate any form of sexual contact or encounter between themselves and any other user of it;
      • use the Service to promote the goods or services of a third party;
      • not use the Service to send communications that would be considered to be spam;
      • use the Service in a way that would infringe SocialEyes’ intellectual property rights or those of any third party (to the extent that such use is not licensed by this EULA);
      • upload to the Service any data, material or information which is false or misleading in any way;
      • not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      • collect, extract or harvest any information or data from the Service (including the Personal Data of other Users) or our systems or attempt to decipher any transmissions to or from the servers running any Service;

Users further agree that they shall at all times:

  • treat all other Users, Talent, and members of SocialEyes’ personnel with respect and courtesy at all times;
  • respect the diversity of other Users and their opinions, thoughts and beliefs;
  • refrain from transmitting any material that is defamatory, offensive or otherwise objectionable via the Service; and
  • refrain from using the Service for any unlawful purposes in relation to other users, including without limitation for stalking, harassing, or intimidating any other User;

Together such conditions the “Acceptable Use Restrictions”.

  • Users acknowledge that their access to the Service may be withdrawn or suspended immediately and without notice if they are in breach of the Acceptable Use Restrictions. Such a suspension may occur during an Experience or Booking. Users will not be entitled to any form of refund or compensation in the event that their access to the Service is withdrawn in this way.
  • SocialEyes reserves the right to charge Users a fee where their conduct is determined to represent a breach of the Acceptable Use Restrictions. Users accept that where SocialEyes considers that conduct has breached the Acceptable Use Restrictions it may charge any User in breach a fee of no more than £1,000, which will be due immediately and may be deducted from any monies held on account by SocialEyes.
  1. Intellectual Property
    • Users acknowledge that all intellectual property rights in the Service and in Experiences anywhere in the world belong to us and/or our licensors, that rights in the Service and Experiences are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to use it in accordance with the terms of this
    • Users specifically acknowledge that they will acquire not rights in Experiences other than a limited, non-exclusive licence to view those Experiences live at the time that they are performed and/or delivered, subject to any conditions of access imposed by SocialEyes. Copying, saving, and/or redistributing the contents of any Experience is expressly forbidden and any attempt to do so will represent a breach of the terms of this EULA.
    • Where any Experience features a watermark (or similar identifier) you are not permitted to remove, conceal or edit that watermark.
    • Users warrant that they have all necessary rights to upload and use any material which they may enter into or upload to the Service (or the servers which underpin its use) and accordingly Users grant SocialEyes an irrevocable worldwide licence to use the same for such purposes as it may see fit. Each User warrants and undertakes to indemnify and hold harmless SocialEyes from any breach of this clause 4.
  2. Warranty
    • SocialEyes makes no warranty that the Service will be available at all times, or that provision of it will be uninterrupted or error Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall Apply to the Service or its use by you.
    • SocialEyes shall not be responsible for any failure of the internet, or other related communications services, which interrupts access to the Services or to any Experience.
  3. Recording
    • Users should not attempt to record, sub-licence, redistribute, ‘live stream’, or otherwise retransmit the contents of any Experience. We may, in our sole discretion, choose to record the audio and/or video of a given experience for security purposes (but we are not obliged to do so). Any and all such recordings will be our sole property. We may use excerpts of such recordings for social media and other promotion of the platform and our business in general. If you would not like your experience to be used for promotional, please contact hello@socialeyes.club and it will be at the sole discretion of SocialEyes.
  1. Limitation of liability
    • You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your req
    • Experiences are provided without warranty and SocialEyes is not responsible for any failure of any Experience to meet the requirements of any particular purpose, or any individual needs or expectations.
    • You acknowledge that SocialEyes does not review user postings, ratings, representations, comments or other uploaded content. Accordingly, you agree that SocialEyes shall not be liable or responsible for any such user-generated content.
    • SocialEyes shall only be responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause 5, but we are not responsible for any indirect, consequential or unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach at the time we entered into this EULA with you. Further, SocialEyes shall not in any circumstances be liable for any loss of profit, loss of business, loss of contracts, or loss of business opportunity that you may suffer as a result of your use of the Service, whether such loss arises directly, indirectly or otherwise.
    • SocialEyes’ maximum aggregate liability under or in connection with this EULA and your use of the Service whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total value of the Fees paid by you in the 12 month period preceding the event in respect of which your entitlement to such a sum became
    • Nothing in this EULA shall limit or exclude SocialEyes’ liability for:
      • death or personal injury resulting from our negligence;
      • fraud or fraudulent misrepresentation; and
      • any other liability that cannot be excluded or limited by English
  1. Termination
    • Without prejudice to clause 5 of this EULA SocialEyes may terminate this EULA immediately by written notice to you:
      • if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so;
      • if you breach any of the Acceptable Use Restrictions;
      • if SocialEyes has any reason to suspect that your use of the Service is unlawful, or that it would bring SocialEyes and/or other users or the Service into disrepute; and
      • if SocialEyes withdraws the Service from service, or otherwise reorganises or restructures its business so as to necessitate the termination or suspension of provision of the Service to you.
    • On termination for any reason:
      • all rights granted to you under this EULA shall cease;
      • you must immediately cease all activities authorised by this EULA, including your use of any Services; and
      • you must immediately delete or remove the Service from all of your Devices, and immediately destroy all copies of the Service then in your possession, custody or control and certify to us that you have done
    • In addition to its rights set out above SocialEyes shall have the right to suspend your use of the Service immediately if it has any reason to suspect that you have breached the terms of this EULA or have otherwise acted in a fashion which it considers may bring or has brought its reputation into
  2. Communication between us
    • If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to hello@socialeyes.club.
    • If we have to contact you or give you notice in writing, we will do so by e-mail, via the Service, or by pre-paid post to the address you provide to us in your request for the
  3. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (each an “Event Outside Our Control”).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      • our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      • we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our
  1. Indemnity
    • You undertake to indemnify and hold SocialEyes harmless in respect of all costs, charges, damages or losses which it may suffer in relation to your use of the Service, including in relation to (a) any content which you may upload to the Service or any interaction you may have with any other user of the Service, (b) any tax implication for which SocialEyes may become liable as a result of your use of the Service, and (c) any classification of you as an employee of SocialEyes (or similar) by any tax authority or employment
  2. Other important terms
    • We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    • You may only transfer your rights or obligations under this EULA to another person if we agree in
    • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of this EULA operates If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • Please note that this EULA, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive