Hipstamatic - The Legal Department

The Legal Department

Hipstamatic Privacy Policy

This Privacy Policy constitutes a binding agreement between Hipstamatic, LLC ("we", "us", or "our") and each end user ("you" or "your") regarding your use of hipstamatic.com, hipstamart.com, swankolab.com, incredibooth.com, disposable.hipstamatic.com, any other website owned by us (collectively, the "Websites") and/or all applications or products (the "Products") offered by us including Hipstamatic®, Cinamatic®, Oggl®, IncrediBooth®, TinType™, DSPO™, and SwankoLab®.

By using or accessing the Websites or Products, you agree to be bound by this Policy. If you do not agree to the terms of this Policy, do not use the Websites or Products, as applicable. We recognize that our customers, visitors and users (known collectively or individually as "Users") value their privacy. This Privacy Policy applies to all the Websites and Products offered by us, and details important information regarding the use and disclosure of User information collected by us.

Your use of our Websites and Products remains subject to the terms of this Privacy Policy and our Terms of Use Agreement. Please open the following link to review the applicable Terms of Use Agreement:

1 Information Collection and Use

General

We do not require that you register in order to view our Websites, use our Products or, in most cases, view User comments or submissions. Registration is required to use certain interactive features such as submitting photos to contests and managing prints and placing orders through the Websites and Products. We currently use the services of third party websites and products (such as Facebook Connect and Twitter) for voting and commenting. We may collect information about you when you register with us through our Websites and Products, when you visit our Websites, when you use our Products, when you make a purchase, and any time you provide information to us. We are the sole owner of the information collected through our Websites and Products. We may combine information about you that we have with information we obtain from business partners or other third parties.

We may collect non-personally-identifying information ("Non-Personal Information") about your use of our Websites and Products even if you do not register with us. We may collect your IP address, cookie information, browser information, page visitation history, crash diagnostic reports, device information, computer information, usage pattern information, operating system information, location information, timestamp information and any other anonymous information about the nature and frequency of your use of our Websites and Products. For example, when using certain Products, you may allow your device to use your current location to embed location data and timestamp data into your photos so that those photos may be referenced by the time and place that they were taken.

Registration

In order to participate in certain features of our Websites and Products, we may request certain personally identifiable information from you ("Personally Identifiable Information") on the registration form and require you to create a user name and password. In order to register, you are required to give certain contact information (such as name and email address). The registration form may also request certain information related to your use of other websites and products (such as a Twitter handle). We may use Personally Identifiable Information to contact you about our events, Websites and Products in which you have expressed interest. During registration, we may offer you the opportunity to opt into our newsletter as well as periodic email updates from us regarding events, Websites and Products offered by us.

Orders

If you purchase a product or service from us through the Websites and Products, we will request certain Personally Identifiable Information from you to complete the order. You must provide contact information (such as name, email and shipping address) and financial information (such as credit card number, expiration date, security code and billing address). We use Personally Identifiable Information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you. We do not store any credit card information. However, your other billing information is stored by a credit card processing company for us.

Third Party Websites and Products

You may have the opportunity to access or interact with our Websites and Products through third party social networking websites and products such as Facebook and Twitter among others. Consequently, your Personally Identifiable Information may be shared with those third party websites and products and those third party websites and products may share your Personally Identifiable Information with us. If you click on a link to a third party website or product when using our Websites or Products, you will leave our Websites and Products and go to the third party website or product you selected. If you choose to provide your information directly to third party websites and products, your information will be governed by the policies of those third party websites and products.

We do not have any control over third party websites and products. These other websites and products may place their own cookies or other files on your computer, solicit Personally Identifiable Information from you and follow different rules regarding the use of the information you submit to them. We cannot control the activities of third parties, we have no responsibility for any use of your Personally Identifiable Information by such third parties, and we cannot guarantee that they will adhere to any privacy practices, including the ones we follow. We encourage you to read the privacy policies, statements and settings of third party websites and products prior to your interaction with them.

Choice/Opt-out

We may provide you the opportunity to opt-out of having your Personally Identifiable Information used for certain purposes when we ask for this information. For example, if you purchase a product or service from us but do not wish to receive any additional marketing material from us, we may allow you to indicate your preference on our order form. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each email or communication or by emailing us at info@hipstamatic.com.

Please check the settings of the devices and Products that you use to set your preferences for general use and opt-out options. For example, you may opt-out of location services related to our Products by changing the settings of your device at any time. For some of our Products, you may also opt-out of sending diagnostic reports to us by changing the settings of the Product. We encourage you to review the settings of your devices and Products frequently as these options may change over time. You can stop all collection of information from our Products by uninstalling them.

Children Under 13

We are committed to protecting the privacy of children. We do not knowingly or intentionally collect Personally Identifiable Information from children under the age of 13.

2 Information Sharing and Disclosure

We do not rent, trade, or share Personally Identifiable Information with third parties except to provide products or services you have requested, when we have your permission, or under the following circumstances:

We use other third parties such as a shipping company to fulfill orders, a print lab to develop your photos, a credit card processing company to bill you for products and services sold through our Websites and Products, and an email service provider to send out emails on our behalf. When you make a purchase through our Websites and Products or sign up for our email list, we will share the amount of Personally Identifiable Information as necessary for the third party to provide that product or service. We have agreements from these third parties that prohibit them from using your Personally Identifiable Information for any purpose other than providing the product or service that you requested.

We may provide Non-Personal Information to third parties, including analytics companies and business partners, to help us understand usage patterns, to create new features, promotions, functionality, services and for advertisement purposes. We may allow third parties, including analytics companies and business partners, to collect Non-Personal Information from our Websites and Products for us for those same purposes.

We may use both Personally Identifiable Information and Non-Personal Information to improve the quality and design of the Websites and Products and to create new features, promotions, functionality, advertisements and services by storing, tracking and analyzing User preferences and trends.

We reserve the right to disclose Personally Identifiable Information and Non-Personal Information with third parties as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding or legal process served upon us.

We may share Personally Identifiable Information and Non-Personal Information with third parties if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.

If we go through a business transaction, such as a merger, acquisition by another company, or sale of all or a substantial portion of our assets, Personally Identifiable Information and Non-Personal Information will likely be among the assets transferred. You will be notified via email, sent to the primary email address specified in your account, if ownership or control of your Personally Identifiable Information is transferred to another company.

Our Websites and Products may allow you to chat or participate in blogs, message boards, online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, graphics, video, music, sound, chat, messages, files or other material (collectively "User Submissions"). Any Personally Identifiable Information that you disclose in your User Submissions is not subject to this Privacy Policy and may become publicly available. Your User Submissions will display your account name, may be seen by people and organizations not related to or controlled by us, may be used by others to contact you and may become published content.

We encourage you to review the features of our Websites and Products that allow User Submissions prior to making submissions because those features may vary by Website or Product, may vary as to who may view your User Submissions, may contain privacy settings and may change over time. For example, all User Submissions to the "Family Album" feature in our Websites and Products may be viewed by all other users including those users that you have not selected to contribute to an album.

We may post customer news and events on our Websites and Products which may contain Personally Identifiable Information. We will obtain your consent to post your name along with your news or event prior to posting the news or event.

3 Cookies and Web Beacons

A cookie is a small text file that is stored on a User's computer or device for record-keeping purposes. We may use cookies in connection with your use of our Websites and Products and link the information we store in cookies to any Personally Identifiable Information.

We may use both session ID cookies and persistent cookies. A session ID cookie enhances your ability to navigate our Websites and Products and expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

Persistent cookies are set to store your passwords, so you don't have to enter your password more than once. Persistent cookies may also enable us to track and target the interests of our Users to enhance the experience, customize features and create new Websites and Products.

If you reject cookies, you may still use our Websites and Products, but your ability to use certain features, such as the shopping cart and design scoring pages, will be limited.

We may utilize tracking technology to understand usage patterns, to create new features, promotions, functionality, services and for advertisement purposes. However, none of the information collected via tracking technology is Personally Identifiable Information.

The use of cookies by any of our business partners, affiliates, tracking utility company or service providers is not covered by our Privacy Policy. We do not have access or control over these cookies. Our business partners, affiliates, tracking utility company and service providers may use session ID cookies to make it easier for you to use and navigate certain features, in order for you to use the shopping cart and similar features.

We may use web beacons in connection with e-mails sent to Users to let us know whether and when the email was opened. No Personally Identifiable Information is transmitted through web beacons.

4 Confidentiality and Security

We provide safeguards to protect the information that we collect and maintain. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security. If you have any questions about security on our Websites or Products, you can send us an email at privacypolicy@hipstamatic.com.

We limit access to Personally Identifiable Information about you to employees who we believe reasonably need to come into contact with Personally Identifiable Information to provide products or services to you or in order to do their jobs.

The security of your Personally Identifiable Information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

5 Your Ability to Edit and Delete Your Account Information

If your Personally Identifiable Information changes, or if you no longer desire to maintain an account on our Websites or Products, you may correct, update, amend, delete/remove or deactivate it by making the desired changes on the account profile page https://community.hipstamatic.com/hipstamart/session/new or by emailing our customer support at info@hipstamatic.com. We will make all efforts to respond to your request to access within 30 days.

6 International Users

If you are a User accessing the Websites and/or Products from Europe, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, please be advised that through your continued use of the Websites and Products, which is governed by laws of the United States and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personally Identifiable Information into the United States and you consent to that transfer.

7 Changes and Updates to this Privacy Policy

We may update our Privacy Policy at any time in our sole discretion and without prior notice. If we change our Privacy Policy, we will post those changes to this statement (which is linked to our home page), place a notice on our home page indicating that our Privacy Policy has changed and may notify you in other ways that we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make significant changes in the way we treat Personally Identifiable Information, we will send a notice to the primary email address specified in your account or place a notice on our home page indicating that our Privacy Policy has changed or both. We reserve the right to modify our Privacy Policy at any time, so please review it frequently.

This Privacy Policy was last modified on May 31, 2012.

8 Contact Information

If you have any questions or comments about this Privacy Policy, you can contact us at:

Hipstamatic Terms of Use Agreement

This Terms of Use Agreement constitutes a binding agreement between Hipstamatic, LLC ("we", "us", or "our") and each end user ("you" or "your") regarding your use of hipstamatic.com, hipstamart.com, swankolab.com, incredibooth.com, disposable.hipstamatic.com, any other website owned by us (collectively, the "Websites") and/or all applications or products (the "Products") offered by us including Hipstamatic®, Cinamatic®, Oggl®, IncrediBooth®, TinType™, DSPO™, and SwankoLab®.

By using or accessing the Websites or Products, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, please do not use the Websites or Products, as applicable.

We grant you permission to use the Websites and Products, provided that: (a) your use is solely for your personal, noncommercial use; (b) you will not copy or distribute any part of the Websites or Products in any medium without our prior written consent; (c) you will not alter or modify any part of the Websites or Products other than as may be reasonably necessary to use the Websites and Products for their intended purpose; and (d) you will otherwise comply with the terms of this Agreement. We may change the terms of this Agreement from time to time with or without notice to you. However, no change to this Agreement will apply to a dispute of which we had actual notice on the date of such change. We will notify you of any changes to this Agreement by posting them on the Websites. You agree that you will periodically check the Websites for updates to this Agreement. You agree that you will be deemed to have notice of any modifications once we post them to the Websites and that your continued use of the Websites and Products after such notice shall be deemed an acceptance of any changes. We reserve the right to discontinue the Websites and Products or to change the content of the Websites and Products in any way and at any time, with or without notice to you, without liability.
In order to access some features of the Websites and Products, you will have to create an account. You are not allowed to use another user's account without the other user's permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to terminate your access to all or part of the Websites and Products at any time in our sole discretion and without prior notice.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access the Websites or Products in a manner that sends more request messages to the Websites' or Products' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Our Websites and Products may allow you to chat or participate in blogs, message boards, online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, graphics, video, music, sound, chat, messages, files or other material (collectively "User Submissions"). You agree that any material you provide to us, other than Personally Identifiable Information you provide to us upon creating a user account with us or that we otherwise agree is confidential in writing, will be treated as non-confidential and nonproprietary. You agree not to collect or use User Submissions or any Personally Identifiable Information, including account names or email addresses, of other end users from the Websites or Products, nor use the communication systems provided by the Websites or Products for any commercial solicitation purposes.
You grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, in any manner whatsoever, all or any portion of your User Submissions in connection with our Websites and Products. You represent and warrant that you have the right to grant the license of your User Submissions granted in this Agreement. You are still the owner of your User Submissions and are still free to use them in any manner you choose. Notwithstanding the foregoing, when you use certain permitted features of our Websites and Products that allow us to share your User Submissions only with other users that you have selected, the foregoing license is only granted to us to the extent that we may provide those users whom you have granted rights to view your User Submissions access to view such User Submissions and we may not otherwise use such User Submissions without first obtaining your permission. Because certain features offered through our Websites and Products, including but not limited to the "Family Album" feature, may allow us to share your User Submissions with other users you have selected while also making those submissions available to users that you have not selected, please review all features that allow User Submissions prior to making submissions.
We have no obligation to monitor or enforce any intellectual property rights that may be associated with your User Submissions, however, you grant us the right to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf. Unless we explicitly state in writing, we do not endorse any User Submissions, and we make no representations or warranties regarding User Submissions. You acknowledge that you will evaluate and bear any risks related to your use of any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. As such, your sole recourse for any damage you may suffer as a result of User Submissions shall be to pursue the originator of such User Submissions.
We have no obligation to accept, display, review, monitor, or maintain any User Submissions. We reserve the right to delete User Submissions from the Websites and Products without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit the Websites and Products and that the Websites and Products may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
The Websites and Products may contain links to third party websites and products that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites and products. By using the Websites and Products, you specifically release us from any and all liability arising from your use of any third party website or product.
The content on the Websites and Products including the text, graphics, and photos created by and for us ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Products is provided to you AS IS for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of us or as expressly provided herein.
You agree to not use any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal or other non-infringing use, you must retain all copyright and other proprietary notices contained on such Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Products or the Content therein.
You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of the Websites and Products and to any of your User Submissions. You may not, in connection with the Websites and Products upload, post, email or otherwise transmit any User Submission that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail;
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
- provides any telephone numbers, last names, URLs or email addresses of another person;
- engages in commercial activities;
- harms minors in any way;
- solicits Personally Identifying Information from anyone under 18 years of age;
- provides false or deceptive information;
- deletes, adds or otherwise changes other people's entries or other Content when you have not been granted the privileges to do so; or
- allows usage by others in such a way as to violate this Agreement.
Please report any other violations of this, including objectionable User Submissions or behavior, to copyrightinfringement@hipstamatic.com. Please state the reasons for your concern and provide a link to the User Submissions or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, we may, in our sole discretion, investigate the matter and take such action as we determine to be appropriate. If you are a copyright owner and believe that your work has been copied or posted on the Websites and Products in a way that constitutes copyright infringement, you will need to send us a written communication that includes substantially the following (please consult legal counsel or see 17 U.S.C. 512(c)(3) of the Copyright Act for further detail or to verify these requirements):
- your physical or electronic signature or the physical or electronic signature of your agent (if authorized to act on your behalf as the owner of the copyright's exclusive right that is allegedly infringed);
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works exist at one location are covered by a single notification, a single representative list of such works at that location;
- 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 us to locate the material (providing URLs in the body of an email is the easiest way for us to locate content quickly);
- information reasonably sufficient for us to contact you (such as address, telephone number or email address if available);
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are the owner of the copyrighted interest or authorized to act on the owner's behalf.
Such written notice should be emailed to our designated agent at copyrightinfringement@hipstamatic.com or sent by mail to us at:

DMCA Complaints
Hipstamatic, LLC
74 Langton
San Francisco, CA 94103
YOU USE THE WEBSITES AND PRODUCTS AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITES AND PRODUCTS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITES AND PRODUCTS WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES AND PRODUCTS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM YOUR USE OF THE WEBSITES AND PRODUCTS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend us, indemnify us and hold us harmless from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Websites and Products and/or your breach or alleged breach of this Agreement. You agree that the provisions in this paragraph will survive any termination of your accounts with us or your use of the Websites and Products. For the purposes of the disclaimers and limitation of liability in the preceding paragraph and the indemnification in this paragraph you agree that all references to us includes our managers, members, affiliates, agents and employees.
This Agreement shall be governed by and construed in accordance with the internal laws of the United States and the State of California without regard to conflict of laws provisions. You agree not to commence or prosecute any action in connection with this Agreement other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California.
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), The parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

You will send your notice to:
Hipstamatic, LLC
74 Langton St.
San Francisco, CA 94103
ATTENTION: LEGAL DEPARTMENT
The parties agree that any arbitration shall be limited to the Dispute between the parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under it shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
The parties agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by us without restriction.

Hipstamatic Contest Terms Of Use

Apple is not a sponsor of, or responsible for conducting, this promotion.

All entries must be original works created by using the CINAMATIC application (“application”) in compliance with Cinamatic Terms of Use and must be submitted using the application. Each valid entry may accumulate votes during the entire period of the contest.

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Eligibility: The Contest is FREE to enter and open to all individuals who are at least 18 years of age and legal owners of the application (“you” or “Contestant”). It is your responsibility to ensure that you are legally eligible to enter a Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of Hipstamatic, LLC (“Organizer”, “Hipstamatic”, “we”, or “us”), as well as the immediate family (spouse, parents, siblings and children) and household members of any such employee, officer and director are not eligible to participate in the Contest. The Contest is void in any jurisdiction that prohibits such activities and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.

Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer, which are final and binding in all matters related to the Contest. Whether you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. CONTESTS are void where prohibited by law.

Contest Period: The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the "Contest Period"). All times specified are Pacific Standard Time (PST). The Organizer’s computer is the official time-keeping device for the Contest. The Contest Summary may be found at http://contest.cinamatic.co

How to Enter: To enter the Contest, submit your entry within the application as specified by the Organizer, and then follow the directions specified for the Contest in the Contest Summary during the Contest Period. You must have a Twitter account in order to participate in the Contest. You must then provide an entry ("Entry") that fulfills the contest requirements ("Contest Requirements"), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. Neither the Organizer nor any one affiliated with the Organizer shall be responsible for lost, misdirected or incomplete Entries. The Organizer will determine if an Entry meets the Contest Requirements and otherwise complies with the Rules.

Terms of Submission: You may enter the Contest as many times as is specified in the Contest Summary. By participating in the Contest, you permit public voting in connection with your Entry.

Content Copyright and Licensing: All media and related content uploaded are copyright of their owners. In other words, your videos are owned by you. All other content is copyright © 2014 Hipstamatic, LLC.

The Organizer does not claim ownership of content you submit. By submitting content, you grant the Organizer a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the application. Such license shall apply with respect to any form, media, or technology now known or later developed.

Unacceptable Content: COPYRIGHTED MATERIAL: Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; rights of publicity; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You represent and warrant that you own or otherwise control all of the rights to the media that you post; that you have agreed to comply, and have in fact complied, with the applicable Terms of Use in general; that you have received all proper permissions and/or releases relative to all media that you post; that use of the media you store in any public album does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from media you supply. We have the right but not the obligation to monitor all activity and edit or remove any media that in our opinion may violate these conditions. You understand and agree that we take no responsibility and assume no liability for any media posted by you or by any third party. If you post photos, videos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of any other person, including without limitation any photographer or producer. PORNOGRAPHY: There is no storage and/or display of pornography or sex-related images of any kind. It is at our sole discretion what constitutes pornography. Accounts displaying or storing pornography will be deleted. COMMERCIAL USE: The storage and/or display of photos and videos for commercial use are prohibited. This includes, but is not limited to photos and videos for auction or sales purposes (for example eBay, Craigslist, etc.). EXPLOITATION OF CHILDREN: Material that exploits children is prohibited. PHYSICAL HARM: Material that promotes physical harm or injury against any group or individual is prohibited. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities is prohibited. This includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties.

Prizes: The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.

Winner(s): The winner(s) ("Winner(s)") of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by Twitter or email address provided by you on the Registration Form. If you do not respond to the tweet or email notification of your selection as a Winner within seven days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner(s) are final and binding on all Entrants in all matters relating to the Contest.

Voting: Online voting via Instagram begins and ends as stated in the Contest Summary (the "Voting Period"). Anyone with an Instagram account can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. The Organizer has the right, in its sole discretion, to maintain the integrity of the Contest, including the right to void votes for, but not limited to, the following reasons: multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.); technical malfunction of servers or internet connection; user(s) recanting their own votes; technical or content upgrades that render votes incompatible or inconsistent; and inappropriate conduct in promoting votes (spam, harassment, etc.).

General Conditions: The Organizer has the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation. You should direct any request to access, update, or correct your Personally Identifying Information to the Organizer. You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned a Twitter account by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer. By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and the members of the voting community, which are final and binding on all matters relating to this Contest. The Organizer reserves the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.

Liability Provisions: Neither the Organizer nor any of its affiliates is responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.

You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Organizer makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry. The Organizer shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Organizer unavailable or impracticable to award, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.

The Organizer and its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.

CAUTION: ANY ATTEMPT BY YOU TO DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.

LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

Choice of Law: These Rules shall be governed by and construed in accordance with the laws of the State of California and the laws of The United States of America, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Organizer arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the American Rules of Arbitration, in accordance with its rules, as amended from time to time in San Francisco County, California. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased. This provision is subject to the more specific provisions set forth in the Terms of Use applicable to Cinamatic users generally.

Oggl Privacy Policy

This Privacy Policy describes how and when Hipstamatic, LLC (“we”, “us”, or “our”) collects, uses and shares the information of each end user (“you” or “your”) who uses Oggl™ and oggl.com. We, as artists and creators, recognize that our customers, visitors and users (known collectively or individually as "Users") value their privacy just like we do. We want you to read this Policy carefully prior to using or accessing Oggl and oggl.com because we want you to understand how we respect your privacy rights through this Policy. You are bound by this Policy if you access or use Oggl or oggl.com. If you do not agree to the terms of this Policy, do not use Oggl or oggl.com, as applicable. Even when we update Oggl and oggl.com, your use of Oggl and oggl.com remains subject to the terms of this Privacy Policy and our Terms of Use Agreement. While we have other Privacy Policies and Terms of Use Agreements that govern your use of our other products and websites, this Oggl Privacy Policy and our Oggl Terms of Use Agreement govern your use of Oggl and oggl.com.

1 Information Collection and Use

General

We collect information about you when you use Oggl, when you visit oggl.com, and any time you provide information to us so that we can provide a quality product and service to you. To use Oggl, you will need to provide us with certain personally identifying information (“Personally Identifying Information”) to create an account with us. When you use Oggl and oggl.com, we collect non-personally-identifying information ("Non-Personal Information") about your use. This information may include your IP address, cookie information, browser information, page visitation history, crash diagnostic reports, device information, computer information, usage pattern information, operating system information, location information, timestamp information, metadata and any other anonymous information about the nature and frequency of your use of Oggl and oggl.com. We use this information to make Oggl and oggl.com better for your use.

Registration and Orders

To use the features and functionality of Oggl, you can’t be anonymous to us. You will need to create a Hipstaccount. To create a Hipstaccount, you will need to provide Personally Identifiable Information to us including your user name, email address and password. We may use the information that you provide to contact you about our policies, your Hipstaccount, and any updates or changes to Oggl. In order to purchase a product or service from us through Oggl or oggl.com, you may need to provide other Personally Identifiable Information to us including your credit card number, expiration date, security code and billing address to fill your orders.

Third Party Websites and Products

Even though using Oggl is an incredible experience without using third party social networking websites and products to get to or from Oggl or oggl.com, we want you to have the opportunity to do that as well. Through Oggl, you will have the opportunity to access or interact with Oggl and oggl.com through third party social networking websites and products. Consequently, your Personally Identifiable Information may be shared with those third party websites and products and those third party websites and products may share your Personally Identifiable Information with us. If you click on a link to a third party website or product when using Oggl or oggl.com, you will leave Oggl or oggl.com and go to the third party website or product that you selected. If you choose to provide your information directly to third party websites and products, your information will be governed by the policies of those third party websites and products.

Please remember that we do not have any control over third party websites and products. Those other websites and products may place their own cookies or other files on your mobile device or computer, solicit Personally Identifiable Information from you and follow different rules regarding the use of the information that you submit to them. We cannot control the activities of third parties, we have no responsibility for any use of your Personally Identifiable Information by such third parties, and we cannot guarantee that they will adhere to any privacy practices, including the ones we follow. We encourage you to read the privacy policies, statements and settings of third party websites and products prior to your interaction with them.

Children Under 13

We are committed to protecting the privacy of children. We do not knowingly or intentionally collect Personally Identifiable Information from children under the age of 13.

2 Information Sharing and Disclosure

We may use third parties such as a credit card processing company to bill you for products and services sold through Oggl and oggl.com and an email service provider to send out emails on our behalf. Please know that when you purchase or request a product or service from us and a third party is used by us, we only share the amount of Personally Identifiable Information as necessary for the third party to provide that product or service. We have agreements from the third parties that we use to provide products and services that you request that prohibit them from using your Personally Identifiable Information for any purpose other than providing the product or service that you requested.

We provide Non-Personal Information to third parties, including analytics companies and business partners, to help us understand usage patterns, to create new features, promotions, functionality, services and for marketing purposes. We allow third parties, including analytics companies and business partners, to collect Non-Personal Information from Oggl and oggl.com for us for those same purposes. We may make Non-Personal Information publicly available in an aggregated statistical form.

We reserve the right to disclose Personally Identifiable Information and Non-Personal Information as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding or legal process served upon us.

Both Oggl and oggl.com may allow you to chat or participate in online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, messages, or other material (collectively "User Content"). Any Personally Identifiable Information that you disclose in your User Content is not subject to this Privacy Policy. Please review your User Content carefully prior to sending it to us because your User Content will display your account name, can be seen by other Users and may be used other Users to contact you. Please know that we embed your account name in your photos as another way for you to be identified as the creator of your photos. If you do not want your account name embedded in your photos, you may change the “Embed Artist Name” setting to “Off” in the Oggl settings on your device at any time.

We encourage you to review the features and functionality of Oggl and oggl.com prior to submitting User Content to us because they may change over time.

We may post customer news and events on Oggl and oggl.com which may contain Personally Identifiable Information. We will obtain your consent to post your name along with your news or event prior to posting the news or event.

3 Cookies and Web Beacons

To improve the quality of your use of Oggl and oggl.com, we use "cookie" technology to collect additional usage data. A cookie is a small text file that is stored on a User’s computer or device for record-keeping purposes. We may use cookies in connection with your use of Oggl and oggl.com and link the information we store in cookies to any Personally Identifiable Information.

We use both session ID cookies and persistent cookies. A session ID cookie enhances your ability to navigate Oggl and oggl.com and expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “Help” file.

Persistent cookies are set to store your passwords, so you don’t have to enter your password more than once. Persistent cookies may also enable us to track and target the interests of our Users to enhance the experience, customize features and create new products and websites.

If you reject cookies, you may still use Oggl and oggl.com, but your ability to use certain features, such as the shopping cart and design scoring pages, will be limited.

We utilize tracking technology to understand usage patterns, to create new features, promotions, functionality, services and for marketing purposes. However, none of the information collected via tracking technology is Personally Identifiable Information.

We use web beacons in connection with e-mails sent to Users to let us know whether and when the email was opened. No Personally Identifiable Information is transmitted through web beacons.

4 Choice/Opt-Out

You have the choice to opt-out of the collection of certain data. Please check the settings of Oggl and the computers and devices that you use to set your preferences for general use and opt-out options. You can opt-in and opt-out of location services by changing the settings of your device at any time. You can opt-out of our use of cookies by following directions provided in your Internet browser’s “Help” file on your computer and your device. You can opt-out of sending us crash diagnostic reports and the collection of Non-Personal Information by our analytics service provider by changing the “Send Diagnostics” setting to “Off” in the Oggl settings on your device at any time. If you no longer wish to receive our newsletter and periodic emails, you may opt-out of receiving them by following the instructions included in each email or by emailing us at info@hipstamatic.com. We encourage you to review Oggl’s settings and the settings of your computers and devices frequently as these options may change over time. You can stop all collection of information from Oggl by uninstalling it.

5 Confidentiality and Security

We provide safeguards to protect the information that we collect and maintain. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security. If you have any questions about security on Oggl or oggl.com, you can send us an email at privacypolicy@hipstamatic.com.

The security of your Personally Identifiable Information is important to us. When you enter sensitive information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

6 Your Ability to Edit and Delete Your Account Information

If your Personally Identifiable Information changes, or if you no longer desire to maintain a Hipstaccount, you may correct, update, amend, or deactivate it by emailing our customer support at info@hipstamatic.comm. We will make all efforts to respond to your request to access within 30 days. If you deactivate your Hipstaccount, we will make commercially reasonable efforts to remove your User Content from public view but may maintain it on our servers for audit, archival and legal purposes.

7 International Users

If you are a User accessing Oggl and/or oggl.com from Europe, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, please be advised that through your continued use of Oggl and oggl.com, which is governed by laws of the United States and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personally Identifiable Information into the United States and you consent to that transfer.

8 Changes and Updates to this Privacy Policy

We may update our Privacy Policy at any time in our sole discretion and without prior notice. If we change our Privacy Policy, we will post those changes to this statement anywhere that it is found and may notify you in other ways that we deem appropriate. If we make significant changes in the way we treat Personally Identifiable Information, we will send a notice to the primary email address specified in your account or place a notice on our home page indicating that our Privacy Policy has changed or both. We reserve the right to modify our Privacy Policy at any time, so please review it frequently. Your continued use of Oggl and oggl.com after any updates to this Policy have been made constitutes your acceptance of those updates.

9 Contact Information

If you have any questions or comments about this Privacy Policy, you can contact us at:

Oggl Terms Of Use

This Terms of Use Agreement governs your access to and use of Oggl™ and oggl.com and constitutes a binding agreement between Hipstamatic, LLC (“we”, “us”, or “our”) and each end user (“you” or “your”). Please read this Agreement carefully because these provisions are intended to create rules and structure for your use that we believe foster an environment of mutual respect and creativity among artists. Of course, we also want you to read this Agreement carefully because by using or accessing Oggl and oggl.com, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not use Oggl and oggl.com, as applicable. While we have other Terms of Use Agreements that govern your use of our other products and websites, this Oggl Terms of Use Agreement governs your use of Oggl and oggl.com.

If you aren’t legally permitted to use Oggl and oggl.com, do not do so. And if you intend to be disruptive to others and to us in your use of Oggl and oggl.com, do not use Oggl or oggl.com. We grant you permission to use Oggl and oggl.com, provided that: (a) you are a person over the age of 13; (b) you have the legal right and capacity to use Oggl and oggl.com in your jurisdiction; (c) you are located in a country that is not the subject of a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; (d) you are not listed on any U.S. Government list of prohibited or restricted parties; (e) your use is solely for your personal, noncommercial use; (f) you will not copy, reverse engineer, decompile, reproduce, disassemble or distribute any part of Oggl or oggl.com in any medium without our prior written consent; (g) you will not create any derivative works based on Oggl or oggl.com without our prior written consent; (h) you will not alter or modify any part of Oggl or oggl.com other than as may be reasonably necessary to use Oggl or oggl.com for their intended purpose; and (i) you will otherwise comply with the terms of this Agreement. We may change the terms of this Agreement from time to time with or without notice to you. Any new features added to Oggl or oggl.com are subject to this Agreement. However, no change to this Agreement will apply to a dispute of which we had actual notice on the date of such change. We will notify you of any changes to this Agreement by posting them to oggl.com and wherever this Agreement is found. You agree that you will periodically check oggl.com for updates to this Agreement. You agree that you will be deemed to have notice of any modifications once we post them to oggl.com and that your continued use of Oggl and oggl.com after such notice shall be deemed an acceptance of any changes. We reserve the right to discontinue Oggl and oggl.com or to change the content of Oggl and oggl.com in any way and at any time, with or without notice to you, without liability.
You are solely responsible for your Hipstaccount (“account”) so please make sure that your information is accurate, secure and under your control. In order to access Oggl, you will have to create a Hipstaccount. You are not allowed to use another user’s account without the other user’s permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to terminate your access to all or part of Oggl and oggl.com at any time in our sole discretion and without prior notice.
Do not be disruptive to others or to us in your use of Oggl and oggl.com. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access Oggl or oggl.com in a manner that sends more request messages to Oggls’ or oggl.coms’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from oggl.com for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Pay close attention to what you submit to us because others will see it. Both Oggl and oggl.com may allow you to chat or participate in contests, online forums and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, messages, or other material (collectively “User Content”). You agree that any material you provide to us, other than Personally Identifiable Information you provide to us upon creating a user account with us or that we otherwise agree is confidential in writing, will be treated as non-confidential and nonproprietary. You agree not to collect or use User Content or any Personally Identifiable Information, including account names or email addresses, of other end users from Oggl or oggl.com, nor use the communication systems provided by Oggl or oggl.com for any commercial solicitation purposes.
We claim no ownership in the User Content that you send to us. In order for us to use your User Content, we need a license from you to do so. When you provide us with your User Content, you grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, store, distribute, reproduce, modify, adapt, perform (publicly or otherwise) and display (publicly or otherwise) such User Content in connection with Oggl and oggl.com. You grant to us this license so that your User Content can be used for the purposes for which you submitted it and so that it may also be used to improve the quality, features and functionality of Oggl and oggl.com. You represent and warrant that you have the right to grant the license of your User Content granted in this Agreement. We claim no ownership in your User Content and you are still free to use your User Content in any manner you choose.
Be aware that you are solely responsible for your User Content. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, however, you grant us the right to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf. Unless we explicitly state in writing, we do not endorse any User Content, and we make no representations or warranties regarding User Content. You acknowledge that you will evaluate and bear any risks related to your use of any User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. As such, your sole recourse for any damage you may suffer as a result of User Content shall be to pursue the originator of such User Content.
Do not rely upon us to use, display or store your User Content. We have no obligation to accept, display, review, monitor, or maintain any User Content. We reserve the right to delete User Content from Oggl and oggl.com without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit Oggl and oggl.com or maintain User Content for you and that Oggl and oggl.com may contain content that you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Be mindful of third party links when you use Oggl and oggl.com. Oggl and oggl.com may contain links to third party websites and products that are not owned or controlled by us. Additionally, Oggl and oggl.com may allow you to access, review or display third party websites and products. Do not rely upon us to provide access to third party websites and products. We have no obligation to monitor your use of third party websites and products and we assume no responsibility for the content, privacy policies, data charges or practices of any third party websites and products that you use. By using Oggl and oggl.com, you specifically release us from any and all liability arising from your use, access, review or display of any third party website or product. Be aware that we reserve the right to block or remove your access to third party websites or products without notice to you at any time and for any reason in our sole discretion.
Respect our intellectual property rights when you use Oggl and oggl.com. The content on Oggl and oggl.com including the text, graphics, and photos created by and for us ("Oggl Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Oggl Content on Oggl and oggl.com is provided to you AS IS for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of us or as expressly provided herein.
Respect our intellectual property rights and do not disrupt security for Oggl and oggl.com. You agree to not use any of the Oggl Content other than expressly permitted herein. If you download or print a copy of the Oggl Content for personal or other non-infringing use, you must retain all copyright and other proprietary notices contained on such Oggl Content. You agree not to circumvent, disable or otherwise interfere with security related features of Oggl and oggl.com or features that prevent or restrict use or copying of any Oggl Content or enforce limitations on use of Oggl and oggl.com or the Oggl Content therein.
Use good manners when you use Oggl and oggl.com. You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of Oggl and oggl.com and to any of your User Content. You may not, in connection with Oggl and oggl.com upload, post, email or otherwise transmit any User Content that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail;
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
- provides any telephone numbers, last names, URLs or email addresses of another person;
- engages in commercial activities;
- harms minors in any way;
- solicits Personally Identifying Information from anyone under 18 years of age;
- provides false or deceptive information;
- deletes, adds or otherwise changes other people’s entries or other Content when you have not been granted the privileges to do so; or
- allows usage by others in such a way as to violate this Agreement.
Please report any violations of this Agreement, including objectionable User Content or behavior, to copyrightinfringement@hipstamatic.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, we may, in our sole discretion, investigate the matter and take such action as we determine to be appropriate. If you are a copyright owner and believe that your work has been copied or posted on Oggl and oggl.com in a way that constitutes copyright infringement, you will need to send us a written communication that includes substantially the following (please consult legal counsel or see 17 U.S.C. 512(c)(3) of the Copyright Act for further detail or to verify these requirements):
- your physical or electronic signature or the physical or electronic signature of your agent (if authorized to act on your behalf as the owner of the copyright’s exclusive right that is allegedly infringed);
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works exist at one location are covered by a single notification, a single representative list of such works at that location;
- 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 us to locate the material (providing URLs in the body of an email is the easiest way for us to locate content quickly);
- information reasonably sufficient for us to contact you (such as address, telephone number or email address if available);
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are the owner of the copyrighted interest or authorized to act on the owner’s behalf.
Such written notice should be emailed to our designated agent at copyrightinfringement@hipstamatic.com or sent by mail to us at:

DMCA Complaints
Hipstamatic, LLC
74 Langton
San Francisco, CA 94103
YOU USE OGGL AND OGGL.COM AT YOUR OWN RISK. WE ARE PROVIDING OGGL AND OGGL.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OGGL AND OGGL.COM WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OGGL AND OGGL.COM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM YOUR USE OF OGGL AND OGGL.COM WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend us, indemnify us and hold us harmless from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of Oggl and oggl.com and/or your breach or alleged breach of this Agreement. You agree that the provisions in this paragraph will survive any termination of your accounts with us or your use of Oggl and oggl.com. For the purposes of the disclaimers and limitation of liability in the preceding paragraph and the indemnification in this paragraph you agree that all references to us includes our managers, members, affiliates, agents and employees.
You agree that we reserve all rights not expressly granted to you in this Agreement.
If you download Oggl from the Apple App Store, you agree that: (a) Apple, Inc. (“Apple”) is not a party to this Agreement; (b) Apple and its subsidiaries are third party beneficiaries of this Agreement as this Agreement relates to Oggl and that there are no other third party beneficiaries, and that Apple has the right to enforce this Agreement against you as a third party beneficiary thereof; (c) Apple is not responsible for providing maintenance and support for Oggl; (d) Apple is not responsible for any investigation, defense, settlement or discharge of any intellectual property claim related to Oggl; (e) Apple will refund your purchase of Oggl if notified that Oggl fails to perform in accordance to any applicable warranty and that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you for any other claims, losses, liabilities, damages, costs or expenses attributable to Oggl’s failure to conform to any applicable warranty; and (f) Apple is not responsible for addressing any of your product claims related to Oggl.
This Agreement shall be governed by and construed in accordance with the internal laws of the United States and the State of California without regard to conflict of laws provisions. You agree not to commence or prosecute any action in connection with this Agreement other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California.
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), The parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

You will send your notice to:
Hipstamatic, LLC
74 Langton St.
San Francisco, CA 94103
ATTENTION: LEGAL DEPARTMENT
The parties agree that any arbitration shall be limited to the Dispute between the parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under it shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
The parties agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by us without restriction.

Cinamatic Privacy Policy

This Privacy Policy describes how and when Hipstamatic, LLC, and its subsidiaries (“we”, “us”, or “our”) collects, uses and shares the information of each end user (“you” or “your”) who uses Cinamatic™ and cinamatic.co. We, as artists and creators, recognize that our customers, visitors and users (known collectively or individually as "Users") value their privacy just like we do. We want you to read this Policy carefully prior to using or accessing Cinamatic and cinamatic.co because we want you to understand how we respect your privacy rights through this Policy. You are bound by this Policy if you access or use Cinamatic or cinamatic.co. If you do not agree to the terms of this Policy, do not use Cinamatic or cinamatic.co, as applicable. Even when we update Cinamatic and cinamatic.co, your use of Cinamatic and cinamatic.co remains subject to the terms of this Privacy Policy and our Cinamatic Terms of Use Agreement. While we have other Privacy Policies and Terms of Use Agreements that govern your use of our other products and websites, this Cinamatic Privacy Policy and our Cinamatic Terms of Use Agreement govern your use of Cinamatic and cinamatic.co.

1 Information Collection and Use

General

We collect information about you when you use Cinamatic, when you visit cinamatic.co, and any time you provide information to us so that we can provide a quality product and service to you. If we offer Cinamatic products or services beyond the films that can be purchased in-app, you will need to provide us with certain personally identifying information (“Personally Identifying Information”) to create an account for your purchases. When you use Cinamatic and cinamatic.co, we collect non-personally-identifying information ("Non-Personal Information") about your use. This information may include your IP address, cookie information, browser information, page visitation history, crash diagnostic reports, device information, computer information, usage pattern information, operating system information, location information, timestamp information, metadata and any other anonymous information about the nature and frequency of your use of Cinamatic and cinamatic.co. We use this information to make Cinamatic and cinamatic.co better for your use.

Registration and Orders

If we offer products or services for sale beyond the films that can be purchased in-app, you will need to create an account (“Hipstaccount”) to purchase those additional products or services. To create a Hipstaccount, you will need to provide Personally Identifiable Information to us including your user name, email address and password. We may use the information that you provide to contact you about our policies, your Hipstaccount, and any updates or changes to Cinamatic. In order to purchase a product or service from us through Cinamatic or cinamatic.co, you may need to provide other Personally Identifiable Information to us including your credit card number, expiration date, security code and billing address.

Third Party Websites and Products

Even though using Cinamatic is an incredible experience without using third party social networking websites and products, we want you to have the opportunity to do that as well. Through Cinamatic, you will have the opportunity to access or interact with Cinamatic and cinamatic.co through third party social networking websites and products. Consequently, your Personally Identifiable Information may be shared with those third party websites and products and those third party websites and products may share your Personally Identifiable Information with us. If you click on a link to a third party website or product when using Cinamatic or cinamatic.co, you will leave Cinamatic or cinamatic.co and go to the third party website or product that you selected. If you choose to provide your information directly to third party websites and products, your information will be governed by the policies of those third party websites and products.

Children Under 13

We are committed to protecting the privacy of children. We do not knowingly or intentionally collect Personally Identifiable Information from children under the age of 13.

2 Information Sharing and Disclosure

We may use third parties such as a credit card processing company to bill you for products and services sold through Cinamatic and cinamatic.co and an email service provider to send out emails on our behalf. Please know that when you purchase or request a product or service from us and a third party is used by us, we only share the amount of Personally Identifiable Information as necessary for the third party to provide that product or service. We have agreements from the third parties that we use to provide products and services that you request that prohibit them from using your Personally Identifiable Information for any purpose other than providing the product or service that you requested.

We provide Non-Personal Information to third parties, including analytics companies and business partners, to help us understand usage patterns, to create new features, promotions, functionality, services and for marketing purposes. We allow third parties, including analytics companies and business partners, to collect Non-Personal Information from Cinamatic and cinamatic.co for us for those same purposes. We may make Non-Personal Information publicly available in an aggregated statistical form.

Both Cinamatic and cinamatic.co may allow you to chat or participate in online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, video, audio, messages, or other material (collectively "User Content"). Any Personally Identifiable Information that you disclose in your User Content is not subject to this Privacy Policy. Please review your User Content carefully prior to sending it to us (or to any third party websites and products) because your User Content will display your account name, can be seen by other Users and may be used other Users to contact you.

We encourage you to review the features and functionality of Cinamatic and cinamatic.co prior to submitting User Content to us because they may change over time.

We may post customer news and events on Cinamatic and cinamatic.co which may contain Personally Identifiable Information. We will obtain your consent to post your name along with your news or event prior to posting the news or event.

We may share your Personally Identifiable Information and Non-Personally Identifiable Information with any of our subsidiary companies for administrative purposes or for any purpose described above. Our subsidiary companies will protect such information in a manner consistent with our Privacy Policy.

3 Cookies and Web Beacons

To improve the quality of your use of Cinamatic and cinamatic.co, we use "cookie" technology to collect additional usage data. A cookie is a small text file that is stored on a User’s computer or device for record-keeping purposes. We may use cookies in connection with your use of Cinamatic and cinamatic.co and link the information we store in cookies to any Personally Identifiable Information.

We use both session ID cookies and persistent cookies. A session ID cookie enhances your ability to navigate Cinamatic and cinamatic.co and expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “Help” file.

If you reject cookies, you may still use Cinamatic and cinamatic.co, but your ability to use certain features, such as the shopping cart and design scoring pages, will be limited.

We use web beacons in connection with e-mails sent to Users to let us know whether and when the email was opened. No Personally Identifiable Information is transmitted through web beacons.

4 Choice/Opt-Out

You have the choice to opt-out of the collection of certain data. Please check the settings of Cinamatic and the computers and devices that you use to set your preferences for general use and opt-out options. You can opt-in and opt-out of location services by changing the settings of your device at any time. You can opt-out of our use of cookies by following directions provided in your Internet browser’s “Help” file on your computer and your device. We encourage you to review Cinamatic’s settings and the settings of your computers and devices frequently as these options may change over time. You can stop all collection of information from Cinamatic by uninstalling it.

5 Confidentiality and Security

We provide safeguards to protect the information that we collect and maintain. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security. If you have any questions about security on Cinamatic or cinamatic.co, you can send us an email at privacypolicy@hipstamatic.com.

6 Your Ability to Edit and Delete Your Account Information

If your Personally Identifiable Information changes, or if you no longer desire to maintain a Hipstaccount, you may correct, update, amend, or deactivate it by emailing our customer support at info@hipstamatic.com. We will make all efforts to respond to your request to access within 30 days. If you deactivate your Hipstaccount, we will make commercially reasonable efforts to remove your User Content from public view but may maintain it on our servers for audit, archival and legal purposes.

7 International Users

If you are a User accessing Cinamatic and/or cinamatic.co from Europe, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, please be advised that through your continued use of Cinamatic and cinamatic.co, which is governed by laws of the United States and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personally Identifiable Information into the United States and you consent to that transfer.

8 Changes and Updates to this Privacy Policy

We may update our Privacy Policy at any time in our sole discretion and without prior notice. If we change our Privacy Policy, we will post those changes to this statement anywhere that it is found and may notify you in other ways that we deem appropriate. If we make significant changes in the way we treat Personally Identifiable Information, we will send a notice to the primary email address specified in your account or place a notice on our home page indicating that our Privacy Policy has changed or both. We reserve the right to modify our Privacy Policy at any time, so please review it frequently. Your continued use of Cinamatic and cinamatic.co after any updates to this Policy have been made constitutes your acceptance of those updates.

9 Contact Information

If you have any questions or comments about this Privacy Policy, you can contact us at:
Privacy Policy
Hipstamatic, LLC
74 Langton Street
San Francisco, CA 94103
privacypolicy@hipstamatic.com

Cinamatic Terms of Use Agreement

This Terms of Use Agreement governs your access to and use of Cinamatic™ and cinamatic.co and constitutes a binding agreement between Hipstamatic, LLC (“we”, “us”, or “our”) and each end user (“you” or “your”). Please read this Agreement carefully because by using or accessing Cinamatic and cinamatic.co, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not use Cinamatic and cinamatic.co, as applicable. While we have other Terms of Use Agreements that govern your use of our other products and websites, this Cinamatic Terms of Use Agreement governs your use of Cinamatic and cinamatic.co.

If you aren’t legally permitted to use Cinamatic and cinamatic.co, do not do so. And if you intend to be disruptive to others and to us in your use of Cinamatic and cinamatic.co, do not use Cinamatic or cinamatic.co. We grant you permission to use Cinamatic and cinamatic.co, provided that: (a) you are a person over the age of 13; (b) you have the legal right and capacity to use Cinamatic and cinamatic.co in your jurisdiction; (c) you are located in a country that is not the subject of a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; (d) you are not listed on any U.S. Government list of prohibited or restricted parties; (e) your use is solely for your personal, noncommercial use; (f) you will not copy, reverse engineer, decompile, reproduce, disassemble or distribute any part of Cinamatic or cinamatic.co in any medium without our prior written consent; (g) you will not create any derivative works based on Cinamatic or cinamatic.co without our prior written consent; (h) you will not alter or modify any part of Cinamatic or cinamatic.co other than as may be reasonably necessary to use Cinamatic or cinamatic.co for their intended purpose; and (i) you will otherwise comply with the terms of this Agreement. We may change the terms of this Agreement from time to time with or without notice to you. Any new features added to Cinamatic or cinamatic.co are subject to this Agreement. However, no change to this Agreement will apply to a dispute of which we had actual notice on the date of such change. We will notify you of any changes to this Agreement by posting them to cinamatic.co and wherever this Agreement is found. You agree that you will periodically check cinamatic.co for updates to this Agreement. You agree that you will be deemed to have notice of any modifications once we post them to cinamatic.co and that your continued use of Cinamatic and cinamatic.co after such notice shall be deemed an acceptance of any changes. We reserve the right to discontinue Cinamatic and cinamatic.co or to change the content of Cinamatic and cinamatic.co in any way and at any time, with or without notice to you, without liability.
You are solely responsible for your account (“Hipstaccount”), so please make sure that your information is accurate, secure and under your control. If we offer products or services for sale beyond the films that can be purchased in-app, you will have to create a Hipstaccount to purchase those products or services. You are not allowed to use another user’s account without the other user’s permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to terminate your access to all or part of Cinamatic and cinamatic.co at any time in our sole discretion and without prior notice.
Do not be disruptive to others or to us in your use of Cinamatic and cinamatic.co. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access Cinamatic or cinamatic.co in a manner that sends more request messages to Cinamatics’ or cinamatic.cos’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from cinamatic.co for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
If we provide a public forum for users, pay close attention to what you submit to us because others will see it. Both Cinamatic and cinamatic.co may allow you to chat or participate in contests, online forums and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, videos, audio, messages, or other material (collectively “User Content”). You agree that any material you provide to us, other than Personally Identifiable Information you provide to us upon creating a user account with us or that we otherwise agree is confidential in writing, will be treated as non-confidential and nonproprietary. You agree not to collect or use User Content or any Personally Identifiable Information, including account names or email addresses, of other end users from Cinamatic or cinamatic.co, nor use the communication systems provided by Cinamatic or cinamatic.co for any commercial solicitation purposes.
We claim no ownership in any User Content that you send to us. In order for us to use your User Content, we need a license from you to do so. When you provide us with your User Content, you grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, store, distribute, reproduce, modify, adapt, perform (publicly or otherwise) and display (publicly or otherwise) such User Content in connection with Cinamatic and cinamatic.co. You grant to us this license so that your User Content can be used for the purposes for which you submitted it and so that it may also be used to improve the quality, features and functionality of Cinamatic and cinamatic.co. You represent and warrant that you have the right to grant the license of your User Content granted in this Agreement. We claim no ownership in your User Content and you are still free to use your User Content in any manner you choose.
Be aware that you are solely responsible for your User Content. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, however, you grant us the right to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf. Unless we explicitly state in writing, we do not endorse any User Content, and we make no representations or warranties regarding User Content. You acknowledge that you will evaluate and bear any risks related to your use of any User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. As such, your sole recourse for any damage you may suffer as a result of User Content shall be to pursue the originator of such User Content.
Do not rely upon us to use, display or store your User Content. We have no obligation to accept, display, review, monitor, or maintain any User Content. We reserve the right to delete User Content from Cinamatic and cinamatic.co without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit Cinamatic and cinamatic.co or maintain User Content for you and that Cinamatic and cinamatic.co may contain content that you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Be aware of third party links when you use Cinamatic and cinamatic.co. Cinamatic and cinamatic.co may contain links to third party websites and products that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites and products. By using Cinamatic and cinamatic.co, you specifically release us from any and all liability arising from your use of any third party website or product.
Respect our intellectual property rights when you use Cinamatic and cinamatic.co. The content on Cinamatic and cinamatic.co including the text, graphics, and photos created by and for us ("Cinamatic Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Cinamatic Content on Cinamatic and cinamatic.co is provided to you AS IS for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of us or as expressly provided herein.
Respect our intellectual property rights and do not disrupt security for Cinamatic and cinamatic.co. You agree to not use any of the Cinamatic Content other than expressly permitted herein. If you download any Cinamatic Content for personal or other non-infringing use, you must retain all copyright and other proprietary notices contained on such Cinamatic Content. You agree not to circumvent, disable or otherwise interfere with security related features of Cinamatic and cinamatic.co or features that prevent or restrict use or copying of any Cinamatic Content or enforce limitations on use of Cinamatic and cinamatic.co or the Cinamatic Content therein.
Use good manners when you use Cinamatic and cinamatic.co. You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of Cinamatic and cinamatic.co and to any of your User Content. You may not, in connection with Cinamatic and cinamatic.co upload, post, email or otherwise transmit any User Content that:

is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
infringes or violates any patent, copyright, trademark, trade secret or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourages others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail;
contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
provides any telephone numbers, last names, URLs or email addresses of another person;
engages in commercial activities;
harms minors in any way;
solicits Personally Identifying Information from anyone under 18 years of age;
provides false or deceptive information;
deletes, adds or otherwise changes other people’s entries or other Content when you have not been granted the privileges to do so; or
allows usage by others in such a way as to violate this Agreement.

Please report any violations of this Agreement, including objectionable User Content or behavior, to copyrightinfringement@Hipstamatic.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, we may, in our sole discretion, investigate the matter and take such action as we determine to be appropriate. If you are a copyright owner and believe that your work has been copied or posted on Cinamatic and cinamatic.co in a way that constitutes copyright infringement, you will need to send us a written communication that includes substantially the following (please consult legal counsel or see 17 U.S.C. 512(c)(3) of the Copyright Act for further detail or to verify these requirements):

your physical or electronic signature or the physical or electronic signature of your agent (if authorized to act on your behalf as the owner of the copyright’s exclusive right that is allegedly infringed);
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works exist at one location are covered by a single notification, a single representative list of such works at that location;
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 us to locate the material (providing URLs in the body of an email is the easiest way for us to locate content quickly);
information reasonably sufficient for us to contact you (such as address, telephone number or email address if available);
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are the owner of the copyrighted interest or authorized to act on the owner’s behalf.

Such written notice should be emailed to our designated agent at copyrightinfringement@Hipstamatic.com or sent by mail to us at:

DMCA Complaints
Hipstamatic, LLC
74 Langton St
San Francisco, CA 94103
YOU USE CINAMATIC AND CINAMATIC.CO AT YOUR OWN RISK. WE ARE PROVIDING CINAMATIC AND CINAMATIC.CO "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CINAMATIC AND CINAMATIC.CO WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CINAMATIC AND CINAMATIC.CO EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM YOUR USE OF CINAMATIC AND CINAMATIC.CO WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend us, indemnify us and hold us harmless from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of Cinamatic and cinamatic.co and/or your breach or alleged breach of this Agreement. You agree that the provisions in this paragraph will survive any termination of your accounts with us or your use of Cinamatic and cinamatic.co. For the purposes of the disclaimers and limitation of liability in the preceding paragraph and the indemnification in this paragraph you agree that all references to us includes our managers, members, affiliates, agents and employees.
You agree that we reserve all rights not expressly granted to you in this Agreement.
If you download Cinamatic from the Apple App Store, you agree that: (a) Apple, Inc. (“Apple”) is not a party to this Agreement; (b) Apple and its subsidiaries are third party beneficiaries of this Agreement as this Agreement relates to Cinamatic and that there are no other third party beneficiaries, and that Apple has the right to enforce this Agreement against you as a third party beneficiary thereof; (c) Apple is not responsible for providing maintenance and support for Cinamatic; (d) Apple is not responsible for any investigation, defense, settlement or discharge of any intellectual property claim related to Cinamatic; (e) Apple will refund your purchase of Cinamatic if notified that Cinamatic fails to perform in accordance to any applicable warranty and that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you for any other claims, losses, liabilities, damages, costs or expenses attributable to Cinamatic’s failure to conform to any applicable warranty; and (f) Apple is not responsible for addressing any of your product claims related to Cinamatic.
This Agreement shall be governed by and construed in accordance with the internal laws of the United States and the State of California without regard to conflict of laws provisions. You agree not to commence or prosecute any action in connection with this Agreement other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California. Neither you nor Hipstamatic, LLC shall initiate and participate in any class action for claims covered under the Agreement.
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you, in addition to any statutory and common law legal remedies. You irrevocably waive all rights to seek monetary damages (if any) and agree to limit your claims to claims equitable relief.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), The parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
You will send your notice to:

Hipstamatic, LLC
74 Langton St.
San Francisco, CA 94103
ATTENTION: LEGAL DEPARTMENT
The parties agree that any arbitration shall be limited to the Dispute between the parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under it shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
The parties agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by us without restriction.

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