Lens Distortions Terms of Service

Updated 10/15/2026

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE LENS DISTORTIONS MOBILE APPLICATION OR WEBSITE.

The following are the terms and conditions for use of lensdistortions.com, any affiliated sub-domains, and any affiliated websites on which these Terms are posted, and its services (the “Website”) and the Lens Distortions Mobile Application and its services (the “Application”) (collectively the Website and the Application are referred to as the “Services”). The Services are owned and operated by Lens Distortions, LLC (“Lens Distortions,” or “us,” or “we”).

By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any products through the Services, or submitting any information through the Services, and in consideration for the services Lens Distortions provides to you, YOU (the terms “you” or “yours” include the person or entity that is accessing the Services as well as any third parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the “Terms”). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.

I. OVERVIEW

The Lens Distortions Services and related products provide users with high-quality tools to enhance photographs and videos. You may only use the Services to modify photographs, videos, or other works in which you own the copyright or you otherwise have the permission from the copyright owner to modify the work. While the Application may be available for free, you can also make in-app purchases to increase the Application’s functionality, like increasing the number of enhancements you can utilize. The purchase and licensing of digital products through the Services is subject to the Lens Distortions License Agreement, available at lensdistortions.com/license-agreement/. For more information, please visit lensdistortions.com.

II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION

Registration. In order to utilize some of the Services’ features, you must register and create an account. In order to create an account, you must complete the registration process by providing Lens Distortions with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Lens Distortions immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.

Refusal of Service. Lens Distortions reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Lens Distortions in its sole discretion.

Payment. If you make any purchases through the Services, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars. The purchase and licensing of digital products through the Services is subject to the Lens Distortions License Agreement.

Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Lens Distortions does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.

Data Importation. The Services may allow you to import photographs or videos from a source created by another program not affiliated with Lens Distortions. If you choose to import content into the Services from any other source, you represent that you have the authority to import that content and that your importation of that content does not violate the rights or terms of any third-parties.

Electronic Communications. By accepting these Terms and using the Services, you consent to receive electronically all communications or notices sent by Lens Distortions with regard to the Services or these Terms to any email address you provide to Lens Distortions. It is your responsibility to update your contact information provided to Lens Distortions. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Lens Distortions may send communications in a non-electronic format in Lens Distortions’ discretion.

III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

Lens Distortions reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email to the address associated with your account and by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms, except that material changes will be effective thirty (30) days after we send notice of such changes. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

IV. ACCESS TO AND USE OF WEBSITE; PROPRIETARY RIGHTS

Access and Use of the Website. Subject to, and in accordance with, these Terms, Lens Distortions permits you to access and make personal use of the Website. Lens Distortions reserves all rights not expressly granted to you hereunder. Your authorization to access and use the Services is automatically revoked if you violate any of these Terms. Lens Distortions reserves the right to revoke your authorization to access or use the Website or Services at any time for any reason.

Proprietary Rights. Except as expressly provided for in the non-exclusive license contained in Section V below, Lens Distortions expressly reserves all right, title, and interest in and to the Services and the Services’ content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.

V. LENS DISTORTIONS MOBILE APPLICATION LICENSE

License. In order to use some of the Services’ features, you need to download the Application. Subject to, and in accordance with, these Terms, Lens Distortions grants to you, and you accept from Lens Distortions, a limited, revocable, non-exclusive, and non-transferable license to use the Application. Lens Distortions reserves all rights not expressly granted to you hereunder. This license is automatically revoked if you violate any of these Terms.

Payment Terms. Lens Distortions may make all or some of the Application and the Application’s services available for free (the “Free Services”). Lens Distortions does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality. The pricing, subscription, and refund terms applicable to purchases made through the Services are governed by the Lens Distortions License Agreement.

Free Trials. Lens Distortions may offer free trial offers from time to time. The failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer.

Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view copies of source code, schematics, master copies, design materials or other information used by Lens Distortions in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, you shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.

Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Lens Distortions’ copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application’s source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP); or (h) use the Application or Services to infringe on any person’s copyright. In addition, you will not violate or attempt to violate the security of Lens Distortions’ networks or servers, including by (x) accessing data not intended for you or logging into a server or account which you are not authorized to access; (y) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempting to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.

You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.

Infringement. If a third party claims that the Application infringes its patent, copyright or trade secret, or any similar intellectual property right, Lens Distortions will defend you against that claim at Lens Distortions’ expense and pay all damages that a court finally awards, provided that you promptly notify Lens Distortions in writing of the claim, and you allow Lens Distortions to control and you cooperate with Lens Distortions in, the defense of the claim and any related settlement negotiations. If such a claim is made or appears possible, you agree to permit Lens Distortions to modify the Application in order to attempt to avoid such claims. If Lens Distortions determines that this alternative is not reasonably available, you agree to uninstall or return the Application at Lens Distortions’ request, and without any further liability or obligation of Lens Distortions. Further, Lens Distortions shall have no obligation whatsoever for any claim based on your modification of the Application or your combination, operation, or use with any product, data or apparatus not specified or provided by Lens Distortions. THIS PARAGRAPH STATES LENS DISTORTIONS’ ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OF THE APPLICATION. INFRINGEMENT CLAIMS RELATING TO DIGITAL PRODUCTS OR ASSETS ARE GOVERNED BY THE LENS DISTORTIONS LICENSE AGREEMENT.

Maintenance or Support. Lens Distortions is not under any obligation to provide maintenance or support for the Application. Lens Distortions may provide maintenance or support for the Application in Lens Distortions’ sole discretion.

Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device’s procedures for uninstalling downloaded applications. However, Lens Distortions may retain collected data after the uninstallation.

Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by your mobile carrier or device manufacturer.

Apple and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the Application through the Apple or Google operating systems, if available and as applicable:

Apple

  1. This is a custom end-user license agreement between you and Lens Distortions, and not with Apple. Lens Distortions, and not Apple, is solely responsible for the Application, the Services, and the related content.
  2. Lens Distortions grants you the non-transferable right to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
  4. In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any warranty, if any, will be the sole responsibility of Lens Distortions.
  5. Lens Distortions, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, if applicable.
  6. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Lens Distortions, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Any questions, complaints, or claims with respect to the Application should be directed to Lens Distortions, LLC, 7914 W. Dodge Rd, Suite 513, Omaha, NE 68114 or [email protected].
  9. You must comply with applicable third party terms of agreement when using the Application.
  10. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google

  1. This is a separate end user license agreement between you and Lens Distortions, and not with Google.
  2. Subject to, and in accordance with, these Terms and any required payments, Lens Distortions grants to you, and you accept from Lens Distortions, a limited, revocable, non-exclusive, and worldwide license to perform, display, and use the Application on your device that can access Google Play. A user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Application (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
  3. You are allowed unlimited reinstalls of the Application, unless and until Lens Distortions removes the Application from the Google Play or any other Google-branded distribution platform.
  4. Lens Distortions, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
  5. Lens Distortions, and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
  6. Lens Distortions, and not Google, is solely responsible for Lens Distortions’ breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
  7. Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the Application should be directed to Lens Distortions, LLC, 7914 W. Dodge Rd, Suite 513, Omaha, NE 68114 or [email protected].
  8. The collection, use, and distribution of your information is governed by the Lens Distortions Privacy Policy and by downloading and/or using the Application you agree to be bound by the terms of that Privacy Policy, available at lensdistortions.com/privacy-policy/.

VI. THIRD-PARTY SERVICES

The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties are controlled by the terms and conditions imposed by those third-parties. Any disputes regarding a third-party’s services must be resolved directly between you and the third-party. Lens Distortions disclaims all warranties or representations regarding any third-party services.

Lens Distortions, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.

Fonts. Each Font Software below is licensed under the SIL Open Font License, Version 1.1. This license is copied below, and is also available with a FAQ at: https://openfontlicense.org/

SIL Open Font License Version 1.1 – 26 February 2007

Preamble

The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.

The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.

Definitions

  1. “Font Software” refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
  2. “Reserved Font Name” refers to any names specified as such after the copyright statement(s).
  3. “Original Version” refers to the collection of Font Software components as distributed by the Copyright Holder(s).
  4. “Modified Version” refers to any derivative made by adding to, deleting, or substituting — in part or in whole — any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
  5. “Author” refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.

Permission & Conditions

Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:

  1. Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
  2. Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
  3. No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
  4. The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
  5. The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.

Termination

This license becomes null and void if any of the above conditions are not met.

Disclaimer

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

VII. USER-GENERATED/THIRD-PARTY CONTENT

Overview. The Services may, from time to time, allow users and third parties to upload, post, or otherwise transmit user-generated content, including, but not limited to, photos, videos, reviews, and other forms of data or communications (“User Content”). Photos stored on your personal mobile device or computer are not User Content unless you send or upload the photos to the Website or otherwise submit them to Lens Distortions. For example, you may choose to submit photos to Lens Distortions to be displayed as examples and those submitted photos would be considered User Content. However, to the extent you grant the Services access to your stored photos in conjunction with your use of the Services, you grant Lens Distortions all necessary rights to access those photos for the purpose of providing you the Services.

User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.

The other provisions of these Terms notwithstanding, with respect to any Regulated Personal Data (as defined below) that makes up the whole or a part of User Content Posted or otherwise transmitted by you to Lens Distortions, the following conditions shall apply: (i) any licenses or intellectual property rights granted by you to Lens Distortions under these Terms shall be in the form of a revocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, and distribute such User Content in accordance with the Lens Distortions Privacy Policy, for the purposes of providing the Services, or otherwise in accordance with the purpose for which you transmit the Regulated Personal Data to us (each such grant, a “Limited License”), (ii) by posting you (a) represent and warrant that you have the right to grant such Limited License(s), (b) agree to refrain from Posting or otherwise transmitting to Lens Distortions User Content that contains “special categories of personal data” as enumerated in Article 9(1) of the General Data Protection Regulation of the European Union (the “GDPR”) (such data, “Sensitive Personal Data”), and (c) represent and warrant that any User Content that you do Post or otherwise transmit to Lens Distortions shall not contain any Sensitive Personal Data. “Regulated Personal Data” means only that subset of “personal data” as defined in Article 4(1) of the GDPR (“Personal Data”) of which the processing is actually regulated pursuant to Material and Territorial Scope provisions contained in Articles 2 and 3 of the GDPR.

Subject to the above limitation, by Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Lens Distortions a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.

You assume all risks associated with your Posted User Content on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Testimonials and Photographs. If you Post or otherwise transmit to Lens Distortions a testimonial statement or photograph or video depicting your results using any Lens Distortions service or product, you grant, and warrant and represent that you have the right to grant, Lens Distortions a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement or photograph for any purpose, including posting on the Services or using in any Lens Distortions advertising materials.

By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the Lens Distortions service or product as directed, and that the testimonial accurately depicts your experience using the Lens Distortions service or product.

If you no longer wish Lens Distortions to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.

If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.

Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Lens Distortions reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Lens Distortions.

Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Lens Distortions shall not be treated as the publisher or speaker of any User Content. As such, Lens Distortions cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the Services are those of their respective authors alone. Lens Distortions does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Lens Distortions be responsible for any loss or damage resulting from any person’s reliance on any User Content.

Reservation of Rights. Subject to Section VIII below regarding the DMCA, and the last sentence of this paragraph, Lens Distortions reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Lens Distortions’ sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Lens Distortions reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content. Such reservation of rights provided in this paragraph shall not interfere with the rights of data subjects, if any, under the GDPR.

Information Storage and Access. Lens Distortions reserves the right, in its sole discretion, to determine whether and for how long to store User Content and user data in accordance with its Privacy Policy. Lens Distortions will not be responsible for any liability related to the deletion or removal of any data or content maintained on the Services or Lens Distortions’ servers, except to the extent such disclaimer of liability is prohibited by applicable law.

Suggestions. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Lens Distortions and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.

VIII. DIGITAL MILLENNIUM COPYRIGHT ACT

Lens Distortions respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Lens Distortions’ designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be forwarded to Lens Distortions’ designated agent as follows:

Troy F. Meyerson
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
(402) 341-6000
[email protected]

Alternate names the public may be likely to use to search for our designated agent include: Lens Distortions, lensdistortions.com, and Lens Distortions, LLC.

After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.

Counter-Notification. If you posted or submitted material to Lens Distortions which Lens Distortions removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Lens Distortions’ designated agent listed above:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Lens Distortions may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.

Lens Distortions reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.

IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS

While Lens Distortions attempts to provide all Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Lens Distortions’ control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Application or some of its features intermittent or unavailable. The Application and its features may not be available in some geographic locations.

Lens Distortions is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Lens Distortions does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Application through your mobile device.

X. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

Lens Distortions does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available are free of viruses or other harmful components, (v) the use or the results of the use of the Services or the products made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Lens Distortions’ control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Lens Distortions disclaims any liability as a result of any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.

Further, Lens Distortions expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Lens Distortions does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Lens Distortions does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Lens Distortions be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services.

THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LENS DISTORTIONS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LENS DISTORTIONS DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

We do not guarantee that the Services, and any products sold through the Services, will be compatible with all software or with all devices.

When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.

XI. HYPERLINKS

A link from the Services to a non-Lens Distortions website does not mean that Lens Distortions endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Lens Distortions expressly disclaims any liability related to such sites. Lens Distortions also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Lens Distortions reserves the right to disable any unauthorized links or frames.

XII. COMPLIANCE AND PROHIBITED ACTIONS

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of publicity, or other federal or state law, rule, or regulation.

Your use of any digital products or assets obtained through the Services is subject to the Lens Distortions License Agreement. You are solely responsible for ensuring that you have the proper permissions to modify any photograph, video, or other work using the Services. Do not use the Services to infringe on another person or entity’s copyright.

You may not use any information obtained from the Service in order to harass, abuse, or harm another person.

You may not purchase any products or services through the Services which are prohibited in your jurisdiction.

In order to protect the integrity of the Services, Lens Distortions reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Lens Distortions to limit, restrict, or prevent access to the Services.

You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Lens Distortions. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Lens Distortions. You may not frame or mirror any Lens Distortions website or content without the express written consent of Lens Distortions.

XIII. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Lens Distortions, its managers, members, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, including, but not limited to, your modification of any photograph or video, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

XIV. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENS DISTORTIONS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY INJURY OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF LENS DISTORTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS TO THE CONTRARY, LENS DISTORTIONS’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES, SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES OR LENS DISTORTIONS PRODUCTS SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICES.

XV. TERM AND TERMINATION

You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the Application, and providing Lens Distortions with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.

XVI. PRIVACY

The Services are governed by the Lens Distortions Privacy Policy, available at lensdistortions.com/privacy-policy/, which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.

The collection, use, storage, and disclosure of your personal and non-personal information is governed exclusively by the Lens Distortions Privacy Policy. By using the Services, you acknowledge that you have read and understand the Privacy Policy and consent to the data practices described therein.

Lens Distortions may contact you via any method of communication you submitted through the Services, including, but not limited to, email, for purposes related to your account, the Services, or communications you have opted into. You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications or by contacting Lens Distortions.

XVII. ADVERTISEMENTS

Lens Distortions may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Lens Distortions may place advertising on the Services and you agree not to block such advertising.

XVIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. If Lens Distortions determines that the Services are being used by prohibited persons, Lens Distortions will terminate any impacted accounts. Lens Distortions reserves the right to also provide notification of any such usage to OFAC.

XIX. APPLICABLE LAW AND VENUE

These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Douglas County, Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Lens Distortions hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Lens Distortions must be sent to:

Lens Distortions, LLC
7914 W. Dodge Rd
Suite 513
Omaha, NE 68114

via first class or air mail or overnight courier, and are deemed given upon receipt.

XX. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS

Except if other applicable laws require otherwise, and except for IP Claims (as defined below), the parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services (including any dispute arising under the Lens Distortions License Agreement), any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved through the informal dispute resolution process described below, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. Before initiating arbitration, the party asserting a claim must send the other party written notice describing the claim and the relief sought, and the parties shall attempt in good faith to resolve the dispute informally for thirty (30) days after the notice is received. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Any arbitration proceeding will take place in the State of Nebraska, subject to the laws of the State of Nebraska and will otherwise be governed by the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), or, if the AAA determines that its Consumer Arbitration Rules apply to the dispute, those rules, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. If you are an individual using the Services primarily for personal, family, or household purposes, Lens Distortions will pay all arbitration filing, administration, and arbitrator fees in excess of the amount you would have been required to pay to file the claim in a court of competent jurisdiction; otherwise, such fees shall be allocated in accordance with the applicable AAA rules; provided, that, each party shall pay its own attorneys’ fees, except where applicable law or statute, including 17 U.S.C. § 505, permits an award of attorneys’ fees to the prevailing party. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the AAA. If twenty-five (25) or more similar arbitration demands are filed against Lens Distortions by or with the assistance of the same law firm or coordinated group of law firms or organizations, the AAA’s then-current mass arbitration procedures shall apply.

All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court for any claim arising out of or relating to actual, alleged, or threatened infringement, misappropriation, or other misuse of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, including claims for injunctive relief, actual or statutory damages, and attorneys’ fees (“IP Claims”). IP Claims shall be brought exclusively in the United States District Court for the District of Nebraska or, if that court lacks jurisdiction, the state courts located in Douglas County, Nebraska; provided, that, either party may instead bring an eligible IP Claim in small claims court or before the U.S. Copyright Claims Board. A court, and not an arbitrator, shall decide whether a claim is an IP Claim.

XXI. MISCELLANEOUS

These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning their subject matter, and supersede all prior agreements and representations between the parties, with the exception of the Lens Distortions License Agreement and the Lens Distortions Privacy Policy, each of which is incorporated herein by reference. In the event of any conflict between these Terms and the Lens Distortions License Agreement with respect to the licensing of digital products or assets, the License Agreement shall control. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Lens Distortions and you is not one of employee/employer or a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

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