LENS DISTORTIONS TERMS OF SERVICE AND LICENSE AGREEMENT

Updated 11/2017

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT 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 www.lensdistortions.com 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, or submitting any information through the Services, and in consideration for the services Lens Distortions provides to you, YOU (the terms “you” or “yours” includes 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 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. Lens Distortions does not guarantee refunds for any purchases. For more information, please visit www.lensdistortions.com.

II. REGISTRATION, 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 Application or the Services, you agree to pay all applicable fees for those purchases. Unless otherwise stated, all fees are stated in U.S. Dollars. The purchase of certain digital products through the Website are subject to an additional separate licensing 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 13 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 13. 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 other 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.

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 updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact.  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. 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. 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. For example, the Free Services may only provide users a limited number of enhancements to use. Lens Distortions may allow users to increase the functionality of the Application and Services by making certain purchases, including in-app purchases. Please review the specific terms for your applicable purchase. If you make a purchase through the Services, then you consent to Lens Distortions storing your payment information. Prices are subject to change. In the event the Lens Distortions Services are discontinued for any reason, any purchases will terminate and no refund will be made.

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.

Subscriptions. Lens Distortions may offer certain Services on a subscription basis. Under such a subscription, you will be charged for the Services every period until you cancel your subscription. Please review the specific terms of your subscription for more information.

Refund Policy. Lens Distortions does not guarantee refunds for lack of usage or dissatisfaction.

Personal Use. Unless otherwise agreed to in writing between You and Lens Distortions, You may only use the Application and the Services for your own personal use and not for any commercial use.

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 You 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 (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt 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) attempt 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 or the Services 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 or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit Lens Distortions to modify the Application or Services 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 on the 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.

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 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, including in connection with the Application’s use of the HealthKit and HomeKit frameworks, 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 is 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 help@lensdistortions.com.
  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 non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The 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 Services (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 Distortion’s 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 help@lensdistortions.com.
  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.

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 is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party’s services must be resolved directly between user 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.

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”).

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.

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 and/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 is only a distributer, and not 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, 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.

Information Storage and Access. Lens Distortions reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Lens Distortions will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Lens Distortions’ servers.

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

tmeyerson@fraserstryker.com

Alternate names the public may be likely to use to search for our designated agent include: Lens Distortions, www.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 Applications or some of its feature 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 component, (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) that 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 be 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, reviewed, recommended, linked to, or pictured on 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 THIS AGREEMENT 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 celebrity, or other federal or state law, rule, or regulation.

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. You are solely responsible for ensuring that you have the proper permissions to use the Services to modify a particular photograph, video, or other work. By using the Services on a particular work, you are representing and warranting to Lens Distortions that you have all necessary permissions to modify that work. Do not use the Services to infringe on another person or entity’s copyright.

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

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, OR (D) 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 THIS AGREEMENT 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 THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES 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 WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

XV. TERMS 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, USE, AND DISSEMINATION OF PERSONAL INFORMATION

The Services are governed by the Lens Distortions 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.

By providing any personal or non-personal information to Lens Distortions through the Services, or by using the Services, 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 collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Lens Distortions’ sole discretion.

Lens Distortions, and any third-parties to which Lens Distortions provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Lens Distortions your contact information, you agree to receive communications from Lens Distortions or other third-parties who obtained your contact information from 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. Lens Distortions may place advertisements on the telephone calls initiated through the Services. 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.

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 courts located in the State of 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

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, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, 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.  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, 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. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.

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 to enjoin infringement or other misuse of intellectual property rights.

XXI. MISCELLANEOUS

These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties, with the exception of a separate written license agreement for certain products sold through the Website. If any provision of these Terms are 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 affect 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 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.

 

 

1770128.02

LENS DISTORTIONS PRIVACY POLICY

Updated 11/2017

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

I. OVERVIEW

Lens Distortions, LLC (“Lens Distortions,” “us,” or “we”) respects the privacy of users of Lens Distortions’ website www.lensdistortions.com 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 following privacy policy (the “Policy”) tells you about the information that Lens Distortions collects through the Services and how Lens Distortions may use or disclose that collected information.

By accessing the Services, continuing to access the Services, purchasing any products or services through the Services, downloading and/or using the Application, or submitting any information through the Services, you are consenting to the information collection and use practices described in this Policy, as modified from time to time by us, as described below. Your use of the Services is also governed by the Terms of Service, which are expressly incorporated into this Policy.

II. UPDATES

Lens Distortions reserves the right to make changes to this Policy at any time, and will post any revised Policy on this page. You will know we have changed the Policy when you see a new updated date at the top of this Policy. Lens Distortions will not notify the Services’ users of any such changes by email or other personal contact. We encourage you to check the date of this Policy whenever you visit the Services so that you will know when you need to review the Policy for modifications.

III. INFORMATION COLLECTION

Age Restriction. Lens Distortions does not intend to use the Services to collect any information from children under age 13. By submitting any information through the Services, you represent and warrant that you are older than age 13.

Collection of Submitted Information. Lens Distortions may collect and store any information you submit or upload through the Services, whether through your submission of information through a form, purchase of a product, or otherwise. This information may include, but is not limited to, your name, address, email address, telephone number, payment information, or any other information submitted by you or any user through the Services.

Collection from Third-Parties. Lens Distortions may collect information about you from third-parties, including from any account through which you log into, or otherwise interact with, Lens Distortions (e.g., Facebook or Google). If applicable, Lens Distortions may have access to certain information from your linked Google or Facebook account, including your public profile information, your email address, or other information possessed by those third-parties. Lens Distortions may aggregate any information about you collected from any source.

Passive Information Collection. Lens Distortions may also collect passive information about your device, visit, or use of the Services, including, but not limited to, the date and time of your visit, the length of your visit, the specific webpages you visited, your IP address, the type of web browser and operating system used, the address of any website that directed you to the Services, and information about your mobile device used to access the Services (including phone number, operating system details, and any applicable unique identifiers for you or your device, including your devices’ Unique Device Identifier (UDID), any Apple or iOS identifiers (e.g., IDFA or an Advertising Identifier), any Google or Android identifiers (e.g., Android or Google Advertising ID), any Windows identifiers (e.g., Windows Advertising ID), or any other similar identifiers which identify you or your device). Lens Distortions may collect and aggregate usage information related to your use of the Services.

Cookies and Related Technologies. We, or other third-parties assisting us, may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), or other similar technology in connection with your use of the Services (collectively, “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may track activities over time and across websites. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the services provided through the Services.

Third-Party Vendors and Advertisers. Lens Distortions may use third-party vendors or advertisers to collect and analyze information about your use of the Services. These third-parties may use cookies or other similar mechanisms to provide us with information and analysis about your use of the Services. This information collection and analysis allows us to better understand how the Services are being used so that we can strive to provide the most relevant content to our users. These third-parties may collect information about your online activities over time and across different websites. This information may be used to serve interest-based advertisements on our website or other websites across the internet. We may combine information gathered from one or more of these services.

Analytics Services. Lens Distortions may, from time to time, use one or more analytics service providers, including, for example, Google or Facebook. Lens Distortions may use the following Google analytics features: AdWords, Remarketing, Google Display Network Impression Reporting, DoubleClick, and Google Analytics Demographics and Interest Reporting. We may combine information gathered from one or more of these services.

For information on how Google collects and uses the information collected through Lens Distortions’ use of the Google analytics and advertising services, if applicable, see the Google, Inc. Privacy Policy here (https://www.google.com/intl/en/policies/privacy/).

For more information about the Google analytics features used by Lens Distortions, if applicable, click here (https://support.google.com/analytics/answer/2404395?hl=en&ref_topic=1631776&rd=1).

For information on how to see and change your Google Ad Settings, click here (https://support.google.com/ads/answer/2662856?hl=en).

For information on the use of the Google Analytics Opt-Out Browser Add-On, click here (https://tools.google.com/dlpage/gaoptout/). However, Lens Distortions does not necessarily endorse this add-on and does not guarantee that using the add-on will be effective.

For more information on how Facebook Analytics may collect and use the information collected through Lens Distortions’ use of the Facebook’s analytics and advertising services, if applicable, see the Facebook data use policy and related policies here. (https://www.facebook.com/full_data_use_policy).

The Services may, from time to time, also include social media functions allowing you to like or share content on social media platforms like Facebook or Twitter. These features may collect your information through the use of cookies or other technologies. These features may be hosted by a third-party and governed by the third-party’s privacy policy.

Lens Distortions does not guarantee that it will take action in response to do-not-track signals or similar mechanisms. Additionally, some third-party service providers may still collect tracking information even if you have enabled your browser’s do-not-track functionality or utilized a similar do-not-track mechanism.

IV. INFORMATION USE PRACTICES

Lens Distortions may use the collected information or data described above, individually or in the aggregate, for any lawful purpose, including, but not limited to, such purposes as fulfilling product orders, analyzing and tracking user activity on the Services for individual users or for groups of users, tracking and analyzing usage trends, personalizing the Services to better reflect your preferences, serving more relevant advertisements, or enhancing your and other users’ use of the Services. All collected information may be linked to specific website users and may result in the tracking of the usage information for individual users.

Lens Distortions may also use your submitted information to contact you, via regular mail, email, text message, telephone, or otherwise, regarding your account, the Services, your purchased services or products, or other relevant or promotional information or offers as determined by Lens Distortions or its partners. By submitting your contact information to Lens Distortions or Lens Distortions’ partners, you consent to receiving such communications.

V. DISCLOSURE OF INFORMATION

Except for the limitations expressly discussed herein, if any, Lens Distortions may disclose, sell, or transfer any collected information to third-parties for any lawful purpose in our sole discretion.

Third-Party Services. If you log in to Lens Distortions through a third-party service like Facebook or Google, then those third-parties may have access to certain information about your use of Lens Distortions. For more information on the type of information those third-parties may collect about you, please review the privacy policies for those third-parties.

Vendors. Lens Distortions may use third-party companies, agents, or contractors to perform services on our behalf. For example, Lens Distortions may partner with other companies to personalize our web pages, analyze our website or usage information, process payments or credit card transactions, fulfill or ship orders, collect debts, analyze or enhance the data collected by the Services (including user’s interaction with the Services), or otherwise assist Lens Distortions in better serving the Services’ users. During the course of providing Lens Distortions with these services, these third-parties may have access to your personal and non-personal information in order to provide the services we requested from those third-parties.

Affiliates and Marketing. Lens Distortions may disclose your collected information, including information about any purchases you make through the Services, to Lens Distortions’ affiliates. Lens Distortions may also disclose your information to third-parties for marketing purposes. These affiliates and third-parties may contact you via any method of contact you provide to Lens Distortions.

Legal Compliance. Lens Distortions also reserves the right to disclose personal information when we reasonably believe disclosure is required by law, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety.

Merger or Acquisition. In the event that Lens Distortions is acquired by or merged with a third-party, we reserve the right to sell or otherwise transfer any and all information we have collected from you as part of that transaction and such third-party will assume the rights and obligations with respect to that information as described in this Policy.

VI. THIRD-PARTY LINKS

The Services may contain links to websites not owned or controlled by Lens Distortions. Lens Distortions does not necessarily review or endorse the content of these linked websites. You should review the terms of service and privacy policies of all websites you visit.

VII. SECURITY

We use commercially reasonable efforts to protect the information we collect on the Services. Unfortunately, however, no security system can be guaranteed to be 100% effective. Accordingly, we cannot and do not guarantee the security of your personal information and cannot assume liability for improper access to it. Do not submit confidential information through the Services.

You are responsible for restricting access to your computer or mobile device through which you access the Services. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to our Services. By using the Services, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of these Services.

VIII. DATA RETENTION

Lens Distortions may retain the personal and non-personal information or other collected data, individually or in the aggregate, as described above, after you delete your account or have ceased using the Services. However, Lens Distortions does not guarantee that any information will continue to be available after such deletion or cessation.

IX. VIEWING AND UPDATING INFORMATION

You are responsible for updating and maintaining the accuracy of your personal information that you provide to or through the Services. If you believe you have submitted inaccurate information through the Services, and would like Lens Distortions to change such information, please contact Lens Distortions at the address below.

X. CONTACT

If you have questions concerning this Privacy Policy, please contact Lens Distortions at the following address:

Lens Distortions, LLC

7914 W. Dodge Rd

Suite 513

Omaha, NE 68114

help@lensdistortions.com

 

 

1770321.02

License Agreement

This Lens Distortions License Agreement (“License”) sets forth the terms and conditions by which Lens Distortions, LLC (“Licensor”) is willing to grant you (“Licensee”, “You” or “Your”) a limited license to use the Digital Content (as defined below). PLEASE READ THIS LICENSE CAREFULLY. BY DOWNLOADING THE DIGITAL CONTENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT WISH TO AGREE TO ANY OF THESE TERMS OR CONDITIONS, DO NOT DOWNLOAD THE DIGITAL CONTENT.

NOTE: The Digital Content may be used to modify or reproduce certain photographs, videos, or other works. It is licensed to You only for modification or reproduction of non-copyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to modify or reproduce. If You are uncertain about Your right to modify, copy, or permit access to any work, You should contact Your legal advisor.

1. Definitions

1.1. “Deliverables” means all services and materials, and the related benefits, available from time to time, from and as determined in the discretion of, Licensor or its authorized affiliates, for use in connection with the Digital Content (including, but not limited to, product maintenance and support and updates, if any).

1.2. “Digital Content” means the particular image files, video files, templates, project files, data files, and other digital products available through the Lens Distortions website, along with any related materials, modifications, and updates, if any, provided by Licensor to You. Digital Content does not include any product tutorials accessible through the Website.

1.3. “User License“ means the right granted by Licensor to You to use the Digital Content and any applicable Deliverables, as described in Section 2 of this License and pursuant to the terms of this License.

2. Limited User License

2.1. Subject to, and in accordance with, the terms of this License, and upon any required payment(s), Licensor grants to You, and You accept from Licensor, a limited, non-exclusive, non-transferable license to download and use the Digital Content and any Deliverables. Licensor reserves all rights not expressly granted to You hereunder.

2.2. Licensor and Licensee may agree to additional transaction-specific terms regarding Your use of the Digital Content and may modify certain terms contained in this License, including modifying the number of permitted users. The terms of any such agreement must be set forth in an Exhibit A to this Agreement, which is expressly incorporated into this License by this reference. To the extent the terms of this License conflict with any terms set forth in Exhibit A, Exhibit A will govern.

2.3. You may use the Digital Content solely for Your own personal use. This User License for use of the Digital Content is registered to You and may only be used by You.

2.4. The User License granted to You under this License is conditioned upon Your compliance, and the compliance of any other users permitted under Exhibit A (if any), with the terms of this License.

2.5. Subject to Exhibit A (if any), the Digital Content may only be downloaded onto 2 computers or mobile devices at any one time.

2.6. You may make one copy of the Digital Content solely for back-up purposes. All copies of the Digital Content, including (without limitation) translations, compilations and partial copies are governed by this License.

2.7. The Digital Content may not be transferred to any third parties through networked computers without written permission from Lens Distortions.

3. Payment

3.1. If you purchased the Digital Content through the Lens Distortions website, www.lensdistortions.com (the “Website”), the particular payment terms of your purchase are set forth on the website page upon which you placed your order. If you did not purchase the Digital Content through the Website, the payment terms will be set forth in an Exhibit A to this License.

3.2. Lens Distortions may make some Digital Content and any Deliverables available for free (the “Free Content”). Lens Distortions does not guarantee that any portion of the Digital Content will always be available for free and reserves the right to begin charging for any portion of the Free Content at any time.

3.3. Prices are subject to change.

3.4. Lens Distortions does not guarantee refunds for lack of usage or dissatisfaction.

4. Licensee’s Obligations

4.1. You are solely responsible for obtaining any supporting software necessary to utilize the Digital Content (for example, Photoshop) and You shall be solely responsible to determine the abilities and capabilities of such software, including, but not limited to, the compatibility of such supporting software with the Digital Content. Licensor shall have no obligation to provide supporting software necessary to operate the Digital Content. No purchase or obtaining of any supporting software shall be construed to guarantee Your ability to operate the Digital Content.

4.2. You represent and warrant that you are the owner of the computer or mobile device onto which you have downloaded any installed the Digital Content, or the owner of the computer or mobile device has authorized you to do so.

4.3. You must use the Digital Content in accordance with any and all applicable local, state and federal laws.

4.4. You may use, modify, and incorporate the Digital Content into your own work. For example, you can make a movie with the Digital Content and distribute the final film on DVD or theatrical release. You may not sell, redistribute, incorporate in a separate product, or give the Digital Content to anyone. You may not sell or incorporate the work for distribution on stock footage websites with things like elements, projects files, template, layers, etc.

4.5. The Digital Content may not be used with or within a production involving promotion or exploitation of illegal affairs.

4.6. 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.

4.7. You will not use the Digital Content 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 celebrity, or other federal or state law, rule, or regulation.

4.8. You may only use the Digital Content 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. You are solely responsible for ensuring that you have the proper permissions to use the Services to modify a particular photograph, video, or other work. By using the Digital Content on a particular work, you are representing and warranting to Lens Distortions that you have all necessary permissions to modify that work. Do not use the Digital Content to infringe on another person or entity’s copyright.

5. Proprietary Rights

5.1. You agree and acknowledge that:

5.1.1. The Digital Content, together with its code, sequences, organization and structure, any documentation, data, Deliverables or other materials supplied by Licensor to You, are and at all times shall remain, the exclusive property of Licensor, or Licensor’s affiliates, contractors, or partners, even after delivery of the same to You.

5.1.2. The Digital Content and all other documentation, data or other materials supplied by Licensor to You, are confidential and proprietary to Licensor, protected by federal and state laws, and of substantial value to Licensor; You shall exercise good faith efforts to control the use and disclosure of such items. You shall not use such items for any purpose other than in furtherance of Your authorized use of the Digital Content as described in this License. Any other use of the Digital Content is expressly prohibited.

5.1.3. The Digital Content is protected by U.S. and international copyright laws and other state and federal laws relating to trade secrets, proprietary information, and other intellectual property.

5.1.4. With respect to the Digital Content, or any copy, adaptation, transcription or portion thereof, You shall not, and shall not permit others to, directly or indirectly:

5.1.4.1.copy, duplicate, or furnish to anyone, any physical or electronic version thereof, with the exception of backing up for internal business use; or

5.1.4.2.remove any copyright or other notice contained or included thereon or therewith;

5.1.5. You shall notify Licensor immediately of the unauthorized possession, use or knowledge of any item supplied to You pursuant to this License.

5.1.6. You shall not challenge Licensor’s rights in and to the Digital Content, including, but not limited to, copyrights in the Digital Content.

5.1.7. The grant of the User 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 You in creating, developing or implementing the Digital Content, including Updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Digital Content and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Digital Content for any purpose.

5.1.8. You shall keep the Digital Content and all other property of Licensor free and clear of any and all claims, liens, and encumbrances.

5.2. You hereby acknowledge and agree that, in the event You breach or attempt to breach any of the provisions of this Section 5, Licensor will not have an adequate remedy in money or damages and shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach.

5.3. Without a separate written agreement with Licensor to the contrary, You must not do, or permit others to do, any of the following: (a) copy or modify the Digital Content in any way, except as expressly permitted in this License; (b) remove or modify Licensor’s copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Digital Content or Deliverables; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Digital Content’s source code or object code or other runtime objects or files distributed with the Digital Content or Deliverables; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Digital Content; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Digital Content, in any form, to any third party (including in any service bureau or similar environment); (f) use the Digital Content to process the data of third parties (whether on an outsourcing, service bureau, or other basis); (g) use, install, or make available the Digital Content, 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 Licensor’s networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt 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) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.

5.4. If a third party claims that the Digital Content infringes its patent, copyright or trade secret, or any similar intellectual property right, Licensor will defend You against that claim at the Licensor’s expense and pay all damages that a court finally awards, provided that You promptly notify Licensor in writing of the claim, and You allow Licensor to control and You cooperate with Licensor in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit Licensor to modify the Digital Content in order to attempt to avoid such claims. If Licensor determines that this alternative is not reasonably available, You agree to return the Digital Content on the Licensor’s written request, and without any further liability or obligation of Licensor. Further, Licensor shall have no obligation whatsoever for any claim based on Your modification of the Digital Content or Your combination, operation, or use with any product, data or apparatus not specified or provided by the Licensor. THIS PARAGRAPH 5.4 STATES LICENSOR’S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.

6. Term and Termination

6.1. Subject to the terms of subsections 6.2 and 6.3 below, the User License to use the Digital Content under this License will commence on the date You purchase or download the Digital Content, whichever is earlier, and continues indefinitely until Licensor revokes this License or Licensee deletes the Digital Content and terminates the License.

6.2. Termination of License.

6.2.1. This License, including the License for the Digital Content and Deliverables provided hereunder, may be terminated by Licensor, in its sole discretion, immediately upon notice to You if You materially breach any terms or conditions of this License.

6.2.2. Upon termination under this subsection 6.2, You will cease all further use of the Digital Content and Deliverables. Upon request of Licensor, You will certify in writing to Licensor that You are no longer using any applicable Digital Content previously licensed hereunder.

6.3. Suspension of Access. Licensor may suspend or terminate (where appropriate), as determined in Licensor’s discretion, Your use or any authorized user’s use of the Digital Content or the Deliverables at any time in order to: (a) prevent damages to, or degradation of the integrity of, Licensor’s Internet network; (b) comply with any law, regulation, court order, or other governmental request or order which requires immediate action; or (c) otherwise protect Licensor from potential legal liability or harm to its business. Licensor will use commercially reasonable efforts to notify You of the reason(s) for such suspension or termination action as soon as reasonably practicable. In the event of a suspension, Licensor will promptly restore use of the Digital Content to You as soon as the event giving rise to the suspension has been resolved as determined in Licensor’s sole discretion. Nothing contained in this License will be construed to limit Licensor’s actions or remedies or act as a waiver of Licensor’s rights in any way with respect to any of the foregoing activities.

6.4. Survival. Sections 1, 2, 3.4, 4, 5, 8, 9, 10, 11, 12, and all analogous terms which are of an ongoing nature and/or which, by their nature and context, should reasonably be expected to survive the expiration or earlier termination of this License will survive termination or expiration of this License.

7. Maintenance and Support

7.1. Licensor is not under any obligation to provide maintenance or support for the Digital Content. Licensor may provide maintenance or support for the Digital Content in Licensor’s sole discretion.

8. Representations, Warranties, or Disclaimers

8.1. Lens Distortions does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Digital Content or Deliverables will be accurate, (ii) the Digital Content or Deliverables will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Digital Content or Deliverables or the server that makes the Digital Content or Deliverables available, are free of viruses or other harmful component, (v) the use or the results of the use of the Digital Content will be correct, accurate, timely, or otherwise reliable, or (vi) that the Digital Content or Deliverables will be supported on all computer or software systems. It is expressly understood by all users that the Digital Content or Deliverables may be 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. Lens Distortions disclaims any liability as a result of any user’s inability to access or use the Digital Content or Deliverables at a particular time, location, on a particular device, or using a particular wireless provider.

8.2. THE DIGITAL CONTENT AND DELIVERABLES ARE LICENSED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY LENS DISTORTIONS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE DIGITAL CONTENT AND DELIVERABLES, 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 THE DIGITAL CONTENT AND DELIVERABLES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE DIGITAL CONTENT AND DELIVERABLES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DIGITAL CONTENT AND DELIVERABLES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE DIGITAL CONTENT AND DELIVERABLES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT 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.

9. Limitation of Remedy and Liability; Indemnification

9.1. You accept sole and complete responsibility for: (i) the selection of the Digital Content to achieve Your intended results; (ii) Your use; (iii) the use of any work product or materials produced using the Digital Content, and (iv) the results obtained from the Digital Content.

9.2. You agree to indemnify and hold Licensor and its employees, officers, directors and affiliates harmless against any and all liability (including damages, recoveries, deficiencies, interest, penalties and reasonable attorney’s fees) to any third parties relating to: (i) Your breach of any of Your obligations, representations and/or warranties under this License; (ii) Your use of the Digital Content or the Deliverables; or (iii) the use by You or any third party of any work product or materials produced using the Digital Content. 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.

9.3. 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, OR (D) 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.

9.4. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT 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 THIS LICENSE SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE DIGITAL CONTENT SUBJECT TO THIS LICENSE DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00).

10. Confidentiality

10.1. You and any Authorized Users shall keep the Digital Content and any other material provided by Licensor hereunder, confidential by treating the Digital Content and related materials as trade secrets, and You shall take reasonably appropriate precautions to maintain the confidentiality of the Digital Content and related materials.

11. Governing Law and Venue

11.1. The interpretation and enforcement of this License shall be determined by the laws of the State of Nebraska, without regard to such state’s choice of law principles. The parties hereby agree that any suit to enforce any provisions of this License, or arising out of or based upon this License, must be brought in any state or federal court located in the City of Omaha, Nebraska, which courts shall have exclusive jurisdiction and venue over any such actions.

12. Export

You agree that the Digital Content will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Digital Content is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Digital Content. All rights to use the Digital Content are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

13. Headings

The paragraph headings in this License are for convenience only, and they form no part of the License and shall not affect the interpretation thereof.

14. Severability

If any provision of this License shall be held illegal, void, or unenforceable, the remaining portions shall remain under full force and effect.

15. No Waiver

The delay or failure of either party to exercise any right under this License or to take action against the other party in the event of a breach of this License shall not constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this License.

16. Assignment

You shall not assign, transfer, or sublicense this License or its rights to the Digital Content or User License granted herein, directly or indirectly, by operation of law or otherwise, without the express written consent of Licensor. Any assignee shall continue to retain services and assume all rights and obligations under this License.

17. No Third-party Beneficiary

You and Licensor agree that no other party is an intended third-party beneficiary of this License.

18. Complete Terms and Conditions

In addition to the Lens Distortions Terms of Service and Privacy Policy, this License constitutes the entire terms and conditions affecting the parties with respect to the Digital Content and supersedes any and all prior or contemporaneous understandings or agreements, whether written or oral, regarding the Digital Content.

EXHIBIT A

(Intentionally left blank)