IMPORTANT - Please read the following agreement carefully - the creation and use of your AvatarMe will be governed by the terms set out below.

1. SEESTORM AvatarMe Terms of Service

1.1. These AvatarMe Terms of Service ("Service Terms") comprise a binding contract between you as an authorized user ("Authorized User" or "you") of the SeeStorm service ("Service") and SEESTORM, Inc. ("SEESTORM") for the creation of the 3D-character model ("Avatar") from digital photos uploaded to SEESTORM via the internet.

1.2. Please read these Service Terms carefully because they form a legal document. By submitting an order you agree to be bound with SEESTORM by these Service Terms. If you do not wish to accept these Service Terms, you should not submit an order.

1.3. These Service Terms do not affect any consumer rights, which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provision of your Local Law. You agree that, agreeing to these Service Terms with SEESTORM, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Service Terms are the only terms and conditions that apply between you and SEESTORM in respect of your use of the Service and the supply by SEESTORM of your Avatar.

1.4. Ordering of AvatarMe Service supposes requires you to be an authorized user of Service, and to comply with SEESTORM End-User License Agreement.

2. Terms of Service

2.1. By the display and description of this Service, SEESTORM does not agree to process your order and supply your Avatar at the conditions specified, or at all.

2.2. These Service Terms will not form a binding contract between you and SEESTORM for the purchase and supply of the Avatar until the following conditions have been met:

2.2.1. you have submitted your offer to create certain Avatar (‘Order’) using the order facility provided; and

2.2.2. SEESTORM notifies you by e-mail that your Order for those Avatar has been accepted and SEESTORM agrees to supply the Avatar to you.

2.3. For the avoidance of doubt, except as set out in Clause 5.1 you do not have a right to cancel your Order for Avatar after SEESTORM has provided its notice of acceptance to you in accordance with Clause 2.2 above.

2.4. SEESTORM will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by SEESTORM to fulfill an Order.

3. Specification of Avatars

3.1. SEESTORM will create Avatar from images you upload to SEESTORM and make it available for you t use in trial manner (“Look at myself” mode of SeeStorm Messenger only).

3.2. Ability to use Avatar is granted for one SeeStorm UIN only that you have filled in along with your Order.

3.3. You do not have rights to use Avatars with other UINs except filled in along with the Order by this Terms of Service. To use Avatars for other UIN you have to make another Order.

3.4. In order to use Avatar while communicating with other people you should purchase appropriate ability in according with Avatar Terms of Purchase.

3.5. All specifications of AvatarMe Service are subject to change without notice to you, except where SEESTORM has accepted your Order and Order in the process of delivering to you.

4. Your Responsibilities

4.1. You agree that you are responsible for the security and use of any UINs or passwords needed to access the Service or any part of it. You must take all reasonable steps to ensure that these user UINs and passwords are kept confidential and secure and that you do not allow any unauthorized person to access the Service using your UIN or password.

4.2. You warrant that you are at least 18 years old and the proper authorized owner of the credit card, details of which you supply to SEESTORM.

4.3. You warrant that you have mentioned correct UIN along with your Order.

4.3.1. Note that if you have mentioned wrong UIN, you will not be able to change it after order is completed.

4.3.2. Note that we do not limit you to make Orders for your own UIN only, but it is solely your responsibility to decide and to fill-in correct UIN along with your Order.

4.4. You warrant that all information given by you in your registration or use of this Service is accurate and not misleading and that you will not use this Service:

4.4.1. for any fraudulent or illegal purposes;

4.4.2. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety and you agree that you will be liable for any action taken against us or against you in relation to such use;

4.4.3. and in a manner which constitutes a violation or infringement of any right of person, firm or company (including but not limited to rights of copyright or confidentiality).

4.5. You agree only to send to us images in which you own the copyright (e.g. you took the photographs or they were taken with your permission with your camera) or images which you are authorized to send to us. You agree not to infringe the intellectual property rights of any third party.

4.6. You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to us or our licensors. You acknowledge that you are permitted to use the Service only as expressly authorized by us pursuant to these Service Terms.

4.7. You agree to indemnify SEESTORM against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this Clause 8. Further, in these circumstances, SEESTORM shall be entitled to treat the contravention as a material breach of these Service Terms and terminate the Service Terms, cancel any pending orders for Avatars made by you and terminate any access permission granted to you by SEESTORM forthwith, without notice to you.

4.8. You are advised to read our Privacy Policy.

5. Possible deny of service

5.1. Minors

5.1.1. Please note that if you are under 18 we cannot provide you with an Avatar without your parent or guardian’s consent.

5.2. Inappropriate Images

5.2.1. We can refuse creation AvatarMe from your images if it do not fit the requirements stated on the SEESTORM website.

5.3. Copyright suspect

5.3.1. We can at our solely decision refuse creation AvatarMe from your images when we suppose that creation of avatar from the images you have sent to us can infringe the intellectual property rights of any third party.

5.3.2. One of possible reasons to refuse is, but not limited to, the Order to make AvatarMe from the images of famous public persons.

6. Compatibility guarantee

6.1. SeeStorm guaranties that Avatar you purchased will be compatible with the appropriate version of SeeStorm Messenger, which is available to download on the SEESTORM site at the moment of purchasing (“Current version”), for both you and parties you communicate to.

6.2. SEESTORM make efforts to achieve this, but take no obligations that Avatars will be compatible with other then Current version of SeeStorm Messenger used by you and/or by parties you communicate to, whether with older or with any of subsequent versions of SeeStorm Messenger.

7. Avatar usage limitations.

7.1. Usage of an Avatar created by SESSTORM according with this Terms of Service is limited to use only with SEESTORM Messenger software while communicating with other people in according with SeeStorm Messenger License End-User Agreement and/or with authorized SEESTORM-compatible software, whether games, websites or other applications. If you are in any doubt as to whether an application is authorized check the list on the SeeStorm site.

7.2. You may not use Avatars with any other software or in any other way not listed in this Service Terms.

7.3. Commercial use of Avatar is limited to participating in SeeStorm official affiliate programs only, in according with appropriate terms of service.

7.4. Any other commercial usage of Avatar is prohibited.

7.5. You may not copy, reverse engineer or decompile your Avatar or any avatar-enabled application, save as permitted by law.

8. Duration of Service Terms and Termination

8.1. These Service Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Service Terms or either party breaches its obligations under these Service Terms.

8.2. Termination in accordance with this Clause 9 shall not prejudice or affect any right of action or remedy that shall have accrued or shall thereafter accrue to either of us.

9. General

9.1. These Service Terms form the entire agreement between you and SEESTORM and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.

9.2. SEESTORM reserves the right to add to or change the terms of these Service Terms in its sole discretion without prior notice to you. All changes to the Service Terms will be effective once posted on the Service. SEESTORM will provide notice of the changes to the Service Terms for (30) days after posting the amended Service Terms on the Service. Your continued use of the Service and submission of any Order in accordance with Clause 2.2.1 above following SEESTORM’s posting of such changes will be regarded by SEESTORM as acceptance of the amended Service Terms. If you do not agree to be bound by the amended Service Terms, you should exit the Service and not access the Service or submit any Orders for Avatars to SEESTORM.

9.3. Nothing in these Service Terms affects your statutory rights as a consumer.

9.4. If any part of these Service Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Service Terms will not be affected.

9.5. If SEESTORM is unable to perform any obligation under these Service Terms because of a matter beyond its reasonable control (including but not limited to); fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SEESTORM, SEESTORM will have no liability for that failure to perform.

9.6. Your use of the Internet is solely at your risk and subject to all applicable laws, and SEESTORM has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

Please explore other legal issues:
End-User License Agreement, Terms of Purchase,
AvatarMe Terms of Service, Copyright notice, Privacy Policy