TERMS OF USE and PRIVACY POLICY

Introduction: The following Terms of Use and Privacy Policy (the “Company Terms”) is a legal contract between you and Spoted Inc. (the “Company”) regulating your use of the services described and offered on the Company mobile application “Spoted” as made available by the Company, and any and all websites maintained by the Company in connection with the Spoted mobile application (collectively, the “Application”), including use of the Content (as defined herein) (the “Services”). Visitors and users of the Application or the Company’s Services are referred to individually as “User” and collectively as “Users”.

PLEASE READ CAREFULLY THE FOLLOWING COMPANY TERMS. THEY GOVERN YOUR USE OF THE APPLICATION AND THE SERVICES. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE APPLICATION OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM THE COMPANY, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY THE COMPANY (collectively, the “Terms”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE FOLLOWING COMPANY TERMS (WITHOUT MODIFICATION), YOU SHOULD REFRAIN FROM USING THE APPLICATION OR THE SERVICES. THE COMPANY GRANTS YOU THE RIGHT TO USE THE APPLICATION AND THE SERVICE SUBJECT TO THESE COMPANY TERMS.

Product Offerings: Please be aware that some products, services, or product features described on the Application, or provided in connection with the Services, may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, and/or territory may differ and not all Company products or Services are available in all locations. References to Company products or Services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Application shall be considered a solicitation to buy or sell a service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the laws of that jurisdiction.

License: All of the information and content on the Application including but not limited to all text, graphics, photos, artwork, games, software applications and code, video, audio, skype, telephone calls, online communication and instant messaging, and user interface design, and any downloadable media, whether provided for free or at cost, including but not limited to downloadable content the Company hosts, or communicates, or transmits, whether on social media or via any other means, or any comment the Company makes regarding the social media content of a party other than the Company (the “Content”) is the sole property of the Company, or its affiliates, if any, or is being used by the Company with the express permission of a licensor, and is protected by copyright laws throughout the world. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Application or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. All paid-for Content is intended to be, and may only be used by the User who has paid to access such Content. You may neither sell nor assign your access to the Services, under any circumstance. Nothing herein restricts the Company’s rights to pursue all remedies available to it hereunder, at law or in equity, against any person for any unauthorized use, or unauthorized facilitation of use by another, of the Content, whether or not such Content was paid-for Content, including, without limitation, decree(s) of specific performance and/or injunctive relief, and the exercise of any such right by the Company shall not prohibit the Company from seeking to enforce damages pursuant to any other Section hereof or otherwise available under the applicable law. The use of the Content on any other website or in a networked computer environment for any purpose, or any other publication, republication, redistribution or use of the Content, including, without limitation, framing the Content within another site, is expressly prohibited without the prior written consent of the Company which may be withheld at the sole discretion of the Company. All copyright and other proprietary notices on any Company Content must be retained on any copies made thereof, including all Company trademarks. Any unauthorized repro duction or modification, distribution, or performance of any Company Content is strictly prohibited. The Company and its licensors reserve all rights not granted in these Terms of Use.

From time to time, the Company may post certain publications to the Application, which may or may not have been written by the Company. Similarly, from time to time, certain Users may be granted access to, and may access, certain Company blogs, applications (including but not limited to the Application or any Company website, whether now or that otherwise comes into existence), or communal discussion boards (i.e. message boards, chat-rooms, etc.,) (“Supplemental Content”). This Supplemental Content shall be considered Content for the purpose of this Agreement between the Company and the User.

Trademarks : All trademarks, logos, URLs and domain names and service marks (each a “Mark” and collectively the "Marks"), registered or not, displayed on the Application are property of the Company or otherwise the property of third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the rightful owner of the Mark, whether the rightful owner be the Company or a third party. You may not include the Company name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between you and the Application or the Company.

Modification : The Company reserves the right, at any time, to modify the Application, the Services, and/or the Content or to modify, suspend, or discontinue the Application, the Services, and/or the Content, or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application, the Services, and/or the Content.

Promotions, Discounts and Sweepstakes : Promotions, incentives or referral programs and discounts (collectively, “Promotions”) that may be made available from time to time on the Application are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, the Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotion(s), in each case, in whole or in part, at any time without notice and for any or no reason, whether or not the User has benefited from such Promotion being terminated, modified or suspended. No Promotion shall have any cash value apart from its intended use in connection with the Application.

A promotion or discount is limited to one (1) per User and cannot be used for multiple, non-qualifying or past orders. A promotion or discount may be limited to specific qualifying items, as may be further described in the additional terms and conditions applicable to any promotion or discount or as may be designated by the Company from time to time. A promotion or discount is not transferable, may not be resold and may not be combined with any other promotions or discounts. Unless otherwise indicated in the additional terms and conditions applicable to any promotion or discount or designated by the Company from time to time, if there is a minimum purchase requirement, taxes and other charges are excluded from the calculation of such minimum purchase requirement. If a promotion or discount is in the form of a promo code, such code must be entered in the promo code section at checkout to be redeemed. Without limiting anything set forth in these Terms of Use and in addition thereto, by redeeming a promotion or discount, you express your understanding of and agreement to these Terms of Use and any additional terms and conditions applicable to any promotion or discount.

In addition to these Company Terms, other terms and conditions may apply to certain services and/or features made available on the Application from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests or sweepstakes on the Application. Such terms and conditions are in addition to and subject to these Terms of Use.

Feedback : All feedback (the “Feedback”) submitted to the Company via the Application by the Users shall be deemed and remain the property of the Company. The Company may use such Feedback, any ideas, concepts, know-how or techniques contained in the Feedback, for any purpose, anywhere and in any format. So that we may incorporate such Feedback into the Application and/or the Services, the Company alone will own all right, title and interest, including all related intellectual property rights, in and to all Feedback submitted by any User. The Company shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated, if at all, in our Privacy Policy, or otherwise required by law. The Company advises its Users that the Company does not want to receive and prohibits Users from providing any feedback containing information that may reasonably be found to be defamatory, threatening, obscene, harassing or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

Third Party Links and Content : From time to time, the Application may provide information from or contain links to other websites, operated by third parties. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or the accuracy of the content contained therein. Such third party websites, and any content contained therein, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party or any link contained in a third party website (the “Third Party Content”), are the content of the third party and not under the control of the Company. If you decide to access any Third Party Content linked to or from the Application, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. The Company assumes no responsibility for Third Party Content.

WARRANTY DISCLAIMER : THE COMPANY IS PROVIDING THE APPLICATION, THE CONTENT AND THE SERVICES (as defined herein), ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS, STATUTORY OR IMPLIED WARRANTIES OF CONDITIONS OR MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR ANY PURPOSE, SPECIFIC, OR OTHERWISE, AND MAKES NO REPRESENTATIONS OR WARRANTEES WITH RESPECT TO THE SUITABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED ON THE APPLICATION. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE APPLICATION CONTENT OR THE INFORMATION PROVIDED ON THE APPLICATION. INFORMATION AT THIS APPLICATION MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE APPLICATION AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE APPLICATION OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE YOUR FULL AND UNCONDITIONAL UNDERSTANDING AND AGREEMENT THAT THE ADMINISTRATION OF THE SERVICES INVOLVES WORKING WITH UNIQUE INDIVIDUALS AND THAT, THEREFORE, NO SPECIFIC RESULTS ARE GUARANTEED TO BE ATTAINABLE AND THAT PRIOR RESULTS OF OTHER USERS ARE NOT INDICATIVE OF WHAT YOUR RESULTS MAY OR MAY NOT BE. FURTHER, BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE APPLICATION OR THE SERVICES OR BOTH AND, YOU VOLUNTARILY (I) CONFIRM THAT NO WARRANTY, GUARANTEE OR OTHER ASSURANCE HAS BEEN MADE TO YOU IN CONNECTION WITH THE SERVICES OR THE APPLICATION, AND (II) AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CONSEQUENCES OF THE SERVICES PROVIDED VIA THE APPLICATION OR OTHERWISE.

IN THE CASE OF ANY CONFLICT BETWEEN ANY OF THE LANGUAGE CONTAINED HEREIN, AND ANY SUBSEQUENT AGREEMENT ENTERED INTO BETWEEN YOU AND THE COMPANY, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LANGUAGE OF SUCH SUBSEQUENT AGREEMENT WILL CONTROL, UNLESS STATED OTHERWISE IN THAT SUBSEQUENT AGREEMENT.

LIMITATION OF LIABILITY: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE APPLICATION, OR THE APPLICATION CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) FIFTY DOLLARS, OR (II) THE MINIMUM AMOUNT ALLOWED BY THE CONTROLLING JURISDICTION’S LAW.

Indemnity : You agree to, at your own expense, indemnify, defend and hold harmless the Company, its affiliates, employees, representatives, agents, subsidiaries, licensors, suppliers, partners, officers and directors, from and against any and all claims, costs, damages, liabilities, fees and expenses (including reasonable attorneys’ fees) (“Claims”) arising from any third-party claim, action, suit or proceeding, to the extent that such Claim arises out of or relates to any (i) act or omission by you, your affiliates, your related parties, or your representatives, relating to the Content or the Application and/or otherwise in connection with this Agreement, affecting or relating to any third-party, (ii) your use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with your use of the Services, (iv) your Feedback, use of or contribution to the Content. In such case, the Company will provide you with written notice of such claim, suit or action.

Amendment : The Terms are subject to occasional revision. Please review them periodically for current information. If the Company makes any substantial changes, the Company will, and you authorize the Company to, notify you by sending you an email to the last email address you provided to the Company (if any the Company may have in its records), and/or by prominently posting notice of the changes on the Application. Any material changes to these Terms of Use will be effective upon the earlier of ten (10) calendar days following the Company’s dispatch of an email notice to you or ten (10) calendar days following the Company’s posting of notice of the changes on the Application. These changes will be effective immediately for new users of the Application. Continued use of the Application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Application.

Payment and Refunds: There will be no refunds for any Services paid for , for any reason. In order to ensure equal treatment of all Users, no exceptions will be made to this policy in any circumstance.

Monitoring Use: The Company reserves the right to monitor any and all use of the Application, in its sole discretion. However, unless required by law, the Company has no obligation toward any User to conduct such monitoring or take any action based on any monitoring the Company may conduct. In addition, the Company reserves the right to make record of any interaction with the Application, and the Content therein, by any User or other person, without providing notice to such User or person of such recordation.

Termination:

The Company may, at any time, terminate your use of the Services (A) immediately if you have breached any of the terms of this Agreement (or have acted in a manner which indicates that you do not intend to, or are unable to comply with this Agreement); (B) if the Company is required to do so by law; and (C) upon ten days prior written notice, for any reason.

Security: Users should be aware that in general, information sent through the Internet is not secure. Email services that may be provided through the Application generally are not encrypted and do not provide a secure and private means of communication with us. Certain Services offered on the Application do provide a secure means to communicate with us. For certain types of communications through the Application, we may require the use of encryption technologies provided for your protection and/or require you to use User identification information (the “User ID”) and passwords (which may include your PayPal user name). You are responsible for the confidentiality and use of your User ID, password, and any other information that the Company or the Application may request or require, from time to time. If you become aware of any loss, theft or unauthorized use of your User ID, password or any other information that the Company or the Application may request or require from time to time, you must immediately notify the Company.

Entire Agreement: These Company Terms represent the entire agreement between the Company and any and all Users relating to the subject matter herein.

General Provisions : If any provision in these Company Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Company Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Company Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using the Application, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for New York country, New York for any lawsuit filed there against you by the Company arising from or related to the Company Terms. These Company Terms (which include the Company’s Privacy Policy and any other legal notices or terms located on particular pages of the Application) constitute the entire agreement between you and the Company regarding the use of the Application and Content. Notwithstanding the foregoing, these Company Terms do not supersede or amend (and will not take precedence over) any signed written agreement between you and the Company with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. If you have any questions about the foregoing, please contact the Company at the following email address: contact@spoted.app. There are no third party beneficiaries to these Company Terms. Nothing in these Company Terms should be construed as creating a partnership, joint venture or agency between you and the Company. The Company makes no offer to provide any of the Content or any piece of the Application in any language other than English. You agree that if the Company does not enforce or exercise any legal right or remedy which is contained in the Company Terms (or which the Company has the benefit of under any applicable law), failure to do so shall not constitute waiver of the Company’s right to do so, and that those rights or remedies will remain available to the Company.

USE OF THE APPLICATION

The Application provides Services to two (2) segments of Users. The first segment of Application Users are those that elect, via mechanism embedded in the Application, to provide notice to other users of their desire for to have photographs taken of them (the “Subject Users”). The second segment of Application users are those that, in response to the Subject Users election to have their photographs taken (a “ Subject User Election ”), take photographs for such Subject Users (the “Provider Users”). Users can, subject to the Company Terms, act as both Subject Users and Provider Users, subject to the parameters of the Application as deployed by the Company from time to time, and therefore, by using the Application Users agree that the rules governing Provider Users and Subject Users, although presented independently herein are applicable to you at all times, without exception.

A. Rules Governing Subject Users .

Subject Users that make a Subject User Election via the Application agree to be bound by the following terms and conditions.

(1) Upon making a Subject User Election, and until otherwise revoked pursuant to Paragraph A(2), below, Subject Users agree that Provider Users may, at the Provider Users’ discretion (subject to the Rules Governing Provider Users, below) take photographs of the Subject User having made such Subject User Election (each such photograph, hereinafter referred to as a “Photograph”).

(2) Subject User Elections may be exercised, and revoked, at the discretion of the Subject User, via the Application.

(3) For so long as the Subject User Election remains exercised, the Subject User authorizes the Company to notify Provider Users that such Subject User is requesting Photographs, and of the location of the Subject User having exercised a Subject User Election.

(4) Photographs taken of a Subject User, if taken via the Application, will reside in digital storage under the control of the Company (“Storage”). Until a Subject User has purchased a Photograph as set forth in Section C, below, the Subject User agrees that the Subject User has no right, title or interest in and to such Photograph, and will under no circumstance modify, reproduce, or make any derivative work of any Photograph which Subject User has not purchased via the Application.

(5) The Subject User acknowledges and agrees that the Company may, at its discretion, destroy or otherwise remove Photographs from Storage at anytime, without any requirement of notice of removal thereof to the Subject User, for any reason or for no reason whatsoever. In the event the Company removes a Photograph from Storage, such Photograph will no longer be available to any User.

(6) The Subject User agrees that it has viewed (as permissible via the Application and the Storage), or been given the change to view, any Photograph that it decides to purchase, prior to paying the Purchase Price for such Photograph and that such Subject User will not request, and will in no circumstance be awarded, any refund, rebate, discount or other price reduction for any Photograph it purchased.

(7) The Subject User agrees and acknowledges that the Company has no obligation to perform any background check with respect to any User, without exception, and that the Company makes no warranties or representations with respect to the number or quality of any Photographs that will be taken of any Subject User, or of the willingness or ability of Provider Users to take Photographs during periods in which the Subject User has exercised the Subject User Election.

(8) The Subject User has read and understood the Rules Governing the Company (as set forth in Section D, below) and the Rules Governing the Subject Users (as set forth in Section B, below), and agrees to be bound by such rules to the extent such rules impact the Subject User’s use of the Application, and any Photographs or any services provided in connection herewith.

(9) Once a Subject User has received a clean copy of a Photograph purchased by such Subject User, the Subject User shall be deemed to have waived its right to request a subsequent transmission of that same Photograph from the Company. In the event the Subject User misplaces the purchased Photograph, the Company is under no obligation to restore or replace such misplaced, purchased Photograph.

B. Rules Governing Provider Users .

(1) Provider Users shall have no right, interest or title in and to any Photograph taken via the Application, without exception.

(2) The Provider User agrees that any Photograph taken of a Subject User in response to such Subject User’s exercise of the Subject User Election, SHALL BE TAKEN BY AND ONLY TAKEN BY USE OF THE APPLICATION. FOR THE AVOIDANCE OF DOUBT, nothing herein shall grant a Provider User the authority to take any photograph, whatsoever, of any User, Subject User or otherwise, via any means other than the Application.

(3) Provider Users shall not, without express consent from a Subject User (i) have any physical contact with any Subject User, (ii) take any photo of any person who could reasonably be presumed to be under the age of 18, (iii) offer or request to take any pictures of any Subject User by means other than via the Application, or (iv) take any Photograph of a Subject User after such Subject User has revoked its Subject User Election.

(4) Notwithstanding indications from the Application that a particular User has exercised a Subject User Election, the Provider User shall immediately upon instruction from any Subject User, cease taking, or attempting to take, any Photographs of such Subject User and any person(s), and in such Subject User’s company.

(5) Provider Users agree to keep confidential any information pertaining to any other User which Provider User obtained via the application, including but not limited to, such other User’s location, exercise of a Subject User Election, or otherwise.

(6) Provider Users shall abide by all laws, ordinances, rules and orders of appropriate local, state and federal governmental authorities with regard to the use of the Application. The Provider Users agree that the Company has no duty to inform any User of any laws pertaining to such Users use of the Application.

(7) The Provider User has read and understood the Rules Governing the Company (as set forth in Section D, below) and the Rules Governing the Subject Users (as set forth in Section A, above), and agrees to be bound by such rules to the extent such rules impact the Provider User’s use of the Application, and any Photographs or any services provided in connection herewith.

(8) The Provider User acknowledges and agrees that the Company has made no representations or warranties with respect to any ability of the Provider User to sell Photographs via the Application.

C. Registration for Services; Payment for Photographs.

(1) Registration with the Application shall be done via PayPal authentication. Therefore, Users must register with PayPal prior to being able to use the Application.

(2) Payment for a Photograph (“Purchase Price”) will be made via PayPal. Subject User’s payment of the Purchase Price will be directed from the Company. The Company will then transmit such Purchase Price, less Company Commission (as defined below) to the respective Provider User. Upon confirmation from PayPayl that a Provider User’s PayPal account has received the Purchase Price, less Company Commission, the Company shall transfer a clean copy of the paid for Photograph(s) to the Subject User.

(3) For the purposes of this Privacy Policy, the term “Company Commission” shall mean the percentage of the Purchase Price of each Photograph purchased via the Application that is paid to the Company as consideration for its provision of the Application with which the Photograph was generated, as determined by the Company from time to time, any amendment thereto to be deemed effective upon delivery by the Company of notice thereof to the Users, which notice may be delivered via electronic mail to the email address that the relevant User has on file at time with the Company, without regard to whether that email address is an active or monitored email address at the time such notice is delivered.

(4) Once the Company has processed payment of the Purchase Price, no refund will be made available to any Subject User, without exception.

(5) As referenced above in Sections A and B, above, Payment processing services for Users on the Application are provided by Paypal and are subject to the PayPal Application policies and guidelines , which includes the PayPal Acceptable Use Policy (collectively, the “PayPal Services Agreement”). By entering into this Agreement, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition of the Application enabling payment processing services through PayPal, you agree to provide the Application accurate and complete information about you and your business (as appropriate), and you authorize the Application to share it and transaction information related to your use of the payment processing services provided by the Application.

D. Rules Governing the Company

(1) Photographs removed by the Company from Storage will immediately upon such removal cease to be available to either the Subject User or the Provider User, provided however, that the Company may retain record or copy of such photograph, subject to Section D(2), below.

(2) The Company may not distribute any Photographs to any third party, except in the instances where either (i) a Subject User has purchased the Photograph and such Photograph is distributed to such Subject User, or (ii) the Company is compelled to provide a copy of a Photograph in response to a subpoena or other legal requirement. Photographs will be stored remotely in a Company operated cloud-storage account, and not locally on any User’s mobile device or computer.

(3) The Company reserves the right to temporarily revoke, suspend or terminate any User’s access, at any time, for any reason or for no reason whatsoever. The Company has no obligation to provide any User with any form of notice if the Company elects to temporarily revoke, suspend or terminate such User’s access.

(4) The Company makes no representations or warranties with respect to a Provider User’s compliance with the terms of this Privacy Policy. Subject User agrees that in the event any Provider User violates the terms of this Privacy Policy, that Subject User will use commercially reasonable efforts to notify the Company of such violation for the purpose of enabling the Company to investigate the incident and, as and if appropriate, make a determination as to whether such Provider User should continue to have access, limited or any, to the Application.

(5) The Company may, at its discretion, limit the duration of a Photograph’s availability via Storage, with or without notice to either the Subject User of whom, or the Provider User by whom such Photograph was taken.

(6) The Company will implement reasonably appropriate security mechanisms to ensure that neither Users, nor other third Parties, can capture screen shots, or otherwise capture or develop any unauthorized impression of any Photograph, without such third party having purchased the same, provided however that the Company makes no representation or warranty with respect to such security mechanism’s ability to prevent all unauthorized attempts by Users or third parties to obtain Photographs without having paid the Purchase Price for such Photograph.

(7) Other than PayPal account information, the Company will neither request nor retain any financial personal information of any User. In the event any User receives any communication from any party claiming to be the Company and requesting financial information from such User, such User agrees to notify the Company immediately of such communication via the appropriate Application function.

(8) Nothing herein restricts the Company’s rights to pursue all remedies available to it hereunder, at law or in equity, against any person for any unauthorized use, or unauthorized facilitation of use by another, of the Application.

(9) The Company may, in its sole discretion, from time to time set minimum pricing for Photographs to be purchased via the Application, and limit the number of times that Users can exchange purchase price offers for certain Photographs. The Company makes no representations that any two Photographs, whether taken by the same or different Provider Users, will be available to the Subject User for the same price, or entitle the Company to the same or similar percentages of Company Commission, which Company Commission may vary from Photograph to Photograph as determined, and according to factors set, by the Company, in its sole discretion.

E. Company Privacy Obligations

INFORMATION WE COLLECT

The following Privacy Policy describes the personal information (the “Personal Information”) the Company collects through the Application. Personal Information means any information that may be used to identify an individual, including, but is not limited to a first and last name, a home or other physical address, an email address, a telephone number or other contact information.

This Site collects the personal information you voluntarily provide to us, which may include but will not be limited to your full name, PayPal account name and address, your phone number, your geographic location, in order to make the Application available to Users. In general, you can access certain functions of the Company’s Application without telling us who you are or revealing any Personal Information about yourself. The Personal Information we collect is generally used to process your requests or transactions, provide you with high-quality service, tell you about opportunities we think will be of interest, and understand your needs so that we can serve you better. The Company may use Personal Information provided by you in order to communicate with you about your interest in the Company’s products and/or services.

The Company may also collect aggregated data, which is data from which the identity of an individual cannot be determined (“Aggregated Data”). Personal Information does not include Aggregated Data. Aggregated Data is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregated Data helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires. Since it is not Personal Information, the Company uses Aggregated Data, as appropriate, without restriction.

The Company may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our corporate policies, or to protect our or others’ rights, property, or safety. We do not provide information to these agencies, or to any third parties, for marketing or commercial purposes.

We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service, including but not limited to information about your internet service provider, browser type, domain name, IP address, the web site that referred you to us, the web pages you request, the date and time of those requests and entry and exit points

COOKIES

We may send cookies to your computer or mobile device in order to identify you or improve our service. A "cookie" is a small text file that may be used, for example, to collect information about User activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a User. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the website. If you leave a comment on our site you may opt-in to saving your name, email address and website via use of cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to the Application, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in to the Application, we will also set up several cookies to save your login information and your screen display choices.

In order to "opt out" of the benefits of cookies, you can manually delete your cookies by following the instructions contained in the "Help" section of your browser. Deleting or disabling the use of Application cookies may prevent use of some or all of the Application.

THIRD PARTY POLICIES

In order to enable you to utilize the various products and services promoted by the Company, we do share your information with trusted third parties who provide support in running the Application. Unless otherwise stated, these Company Terms only cover information that we collect from you on the Application. The Company does not make any guarantees as to the policies of any affiliate or Third Party.

In the event of a sale of some or all of our business, the Company may disclose Personal Information to those involved in a transfer of all or part of the assets or business. In these cases, we may seek consent to use and share Personal Information after it has been collected in those cases where the Company wishes to use the information for a purpose not previously identified or for which the individual concerned has not previously provided consent.

SECURITY

We intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access, disclosure, loss, misuse, or modification. This also applies to our disposal or destruction of Personal Information. However, you acknowledge that the Personal Information you voluntarily share could be accessed or tampered with by a Third Party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.

CHILDREN ONLINE PRIVACY PROTECTION ACT COMPLIANCE

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into these Company Terms. The Company neither is designed to nor intends to collect Personal Information from anyone under the age of 18, and does not use such Personal Information if it discovers that it has been collected.

CHANGES TO THIS POLICY

Protecting your privacy online is an evolving area, and the Company’s website is constantly evolving to meet these demands. If we decide to change our privacy statement, we will post a new statement on the Company website and change the date at the top of the statement. Therefore, we encourage you to check the date of our privacy statement whenever you visit the Company’s website for any updates or changes.

Updated: January, 2019