BINDING CONTRACTUAL TERMS
MUTUAL CARE & RESPECT
In using the 'lenslife' mobile application, We ask that you are considerate of other people, treating them with the same care and respect you yourself would hope to receive - that you at no time bully or degrade another person - and that where you do step over the line between good and bad behavior (and we are all human after all), you be ready and quick to apologize for such action. Have fun, but try not to do so at the expense of others.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by life. life has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, life will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE LIFE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY " THE LIFE PARTIES") FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
ACCESS TO AND USE OF THE SERVICE
The Service is a subscriber only facility. Initial access to the Service is allowed to You via downloading the application and registering to use the Service. Certain functionalities may require the use of passcodes, which may be chosen or changed by You or issued by life.
You and other users are allowed access to the Service solely for the Purpose. Any use for any other purpose is strictly prohibited.
life reserves the right to block Your access to the Service if it has reason to believe that the Service is being misused or used for purposes other than the Purpose.
You are free to terminate Your account at any time and any passwords and passcodes will be disabled upon termination.
You agree that you are responsible for all data charges you incur through use of the Service.
life will apply reasonable measures to protect the security of the information uploaded by You when using the Service and to allow such information to be accessible to other users with whom You have elected to share Your content through the Service.
It is Your responsibility and obligation to protect the security of Your log-in details and passwords. life strongly recommends that such access details not be shared with any person.
life will be entitled (but not required) to apply security measures to protect the Service and the life IP and will be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorization or for unlawful purposes including for disrupting or damaging the Service.
You will notify life of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Service.
You will notify life immediately of any security breach involving the Service of which You become aware including any loss of personal information and any incident where personal information (relating to You) becomes available to unauthorized persons through the Service.
life will be entitled to use non-personal information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-personal information which life may create out of the information on the Service from time to time will be part of the life IP.
When You first create a life account, We ask for Your mobile number in order to verify Your account. Please be aware that Your carrier's text messaging fees may apply for mobile number verification. We do not control text messaging fees charged by Your carrier.
The Service may permit the submission of text, graphics, photos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post profiles and photos. You understand that whether or not such User Submissions are published or posted, life (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. life does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to life, You hereby grant life and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and life's (and its successors', assigns', and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. life requires this license to operate the mobile application and provide the Service. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.
In connection with User Submissions, You represent and warrant that You will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant life all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage life or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. life does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and life expressly disclaims any and all liability in connection with User Submissions. life does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and life reserves the right to remove all life IP (including User Submissions) if properly notified that such life IP or User Submission infringes on another's rights (see Section 12 below). life will not necessarily monitor User Submissions. However, life reserves the right to monitor, alter, edit, or remove life IP (including User Submissions) and block users without prior notice and for any reason. life also reserves sole discretion to decide whether life IP (including a User Submission) is appropriate and complies with these Terms of Service.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that life is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE LIFE PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE LIFE PARTIES, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE ARISING FROM YOUR BREACH OF THESE TERMS OF SERVICE OR ANY UNLAWFUL ACTS ON YOUR PART.
life reserves all rights in and to the life mobile application not granted herein. You understand that You may not and You represent that You will not: (1) copy, download or distribute any part of the Service in any form or medium without life's prior written authorization, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes; (2) use the life mobile application except as permitted in Section 9(a); (3) use the life mobile application for any purpose that may or does violate any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries); (4) use the life mobile application in violation of any agreements You may have with third parties, including, without limitation, Your mobile network carrier or Your device manufacturer; (5) recreate, post, copy, reproduce or otherwise duplicate, replicate, frame, mirror, make available by in-line link, disclose, publish, perform, stream, transmit, broadcast, display, sell, alter, modify, create derivative works of, or translate the life mobile application, in whole or in part, without life's prior written authorization; (6) attempt to reverse assemble, reverse compile, reverse engineer, decompile, disassemble, or access the source code for the life mobile application, or any component thereof, except to the extent expressly permitted by applicable law, and then only after prior written notification has been given to life specifying the permitted manipulation; (7) use the life mobile application, in whole or in part, in the operation of a service bureau or on an application or software as a service provider basis to support anyone; (8) rent, lease, sublicense, sell, assign, market, transfer, distribute or loan by any means the life mobile application to any third party including an assignment by operation of law; (9) create, recreate, advertise or distribute an index of a significant portion of the life IP unless authorized in writing by life; (10) build a business using the life IP, whether or not for profit; (11) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any life IP or enforce limitations on use of the Service or the life IP therein; (12) scrape or use any extraction methods to obtain any content or data from the Service; (13) allow access to the life mobile application to anyone; or (14) remove, obscure or alter any patent, copyright, trademark or other proprietary rights notice(s) on the life mobile application.
You agree that, as between You and life, life is the sole owner of all right, title and interest (including all intellectual property rights) in and to the life mobile application and all components thereof.
RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You will not:
provide false personal information or create an account for anyone other than Yourself without permission of that person;
create another account without our permission, if We have disabled Your account;
share Your password and any passcodes You use in the Service, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
assign or transfer Your account or login information to anyone;
use a domain name, URL or other form of link in your user name without prior written consent from life;
post, transmit or submit any confidential (including your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
post, transmit or submit content containing nudity in your Profile picture;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" that accesses the Service in a manner that sends more request messages to the life servers in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content unless specifically allowed. life reserves the right to revoke these exceptions either generally or in specific cases. While We don't disallow the use of sniffers in general, We do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by life users. We have to disallow using request modification tools or any other such tools activities that are meant to explore or harm, penetrate or test the Service. You must secure our permission before You measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain;
facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
impersonate or misrepresent any person or entity or Your affiliation with someone else;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
collect personal information of other users except with their consent;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited electronic communications, fax or telephone calls for marketing purposes;
solicit other users to join, become members of, or contribute money to any online service or other organization;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
stalk or otherwise harass any person or entity;
harm minors in any way; or
use any discussion functionality to advertise or perform any commercial solicitation.
life believes in children's online safety and does not wish to receive information regarding children under 13 years old. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.
As between the parties, life is the sole owner of all intellectual property rights in or relating to the Service including the computer code and other system elements underlying the life application, software screens, all design elements and artwork, templates, and layout designs included in the Service, the concepts and ideas underlying the Service, the artistic work, all statistical and analytical data captured by or through the Service and the trademark LENSLIFE and any other trade marks, trading names or signs adopted and used from time to time by life in relation to the Service, and the domain names , email addresses, and other identifiers used by the Service ("life IP").
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND OTHER COMPLAINTS FOR INFRINGEMENT OF YOUR RIGHTS
If you are an intellectual property owner or an agent thereof and believe that either (1) any life IP or User Submissions on the Service or (2) any material or activity contained on an online location to which life has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail). In addition to the above claims, if you have any other reason to believe that your legal rights have been infringed in connection with any User Submissions or other data held or displayed on the Service, you may submit a notification pursuant to Directive 2000/31/EC (the Electronic Commerce Directive) by providing our Copyright Agent with the following information in writing:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
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 (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA or Electronic Commerce Directive should be submitted to:
Lenslife Pty Ltd
Suite 10, 50 Sir Thomas Mitchell Rd
Bondi Beach NSW 2026 Australia
+61 431 858 210
firstname.lastname@example.org, Subject: Content Editor
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid and may fail to provide life with the necessary information to allow it to investigate your complaint and to resolve the matter. Emails or notices sent to life without a proper subject line may not be acknowledged or responded to.
TRADE MARKS, CELEBRITY MATERIAL AND PRIVACY
life responds to complaints that Content infringes trade marks or celebrity material or infringes privacy and other rights. Trade marks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Service and you don't have the celebrity's permission.
Please be aware that (among others) under privacy, defamation, unfair competition and data protection laws in many European countries any person may have grounds to object to their image or name being used publicly and may require that such use (including in User Submissions) should be discontinued and that such content be removed from the Service.
If you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 12 above.
When submitting a notification of trade mark infringement, please provide a copy of the relevant trade mark registration (where applicable). Please also provide the location on the Service where you believe the infringement is occurring.
You warrant and represent to life as set out below:
The information provided to life in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to life are true in all respects, up-to-date, complete, and not misleading in any way.
You will keep the information referred to in paragraph (a) up to date.
You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
You will use the Service lawfully and in good faith.
You will keep Your log-in details and password secured and will not share such information with third parties.
DISCLAIMER OF WARRANTIES
LIMITATIONS ON LIABILITY
THE LIFE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE LIFE PARTIES' NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF LIFE'S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (6) USER SUBMISSIONS, USER ACTIONS, THIRD PARTY WEBSITES OR APPS, AND/OR (7) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY LIFE IP, WHEREIN SUCH LIFE IP IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION BUT SHALL NOT HAVE EFFECT INSOFAR AS THE LAW IN YOUR COUNTRY OF RESIDENCE DOES NOT ALLOW SUCH LIMITATION ON LIFE'S LIABILITY, SUCH AS AUSTRALIAN LAW IN RELATION TO LIABILITY UNDER CERTAIN CONSUMER GUARANTEES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
TERMINATION OF THE SERVICE
life may terminate Your subscription to the Service without notice, in the event You:
misuse or challenge life's rights in the life IP; or
use or attempt to use the Service for purposes other than the Purpose.
life may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. life will use reasonable endeavours to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. life may give such notices through the Service or on its website or by email communications.
You may, at any time, unsubscribe from the Service.
Upon the termination of a subscription or termination of the Service:
Your right to access and use the Service will immediately terminate; and
all of Your Personal Information and User Submissions will be permanently deleted from the Service, save that -
copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
life will be entitled to retain any data in non-Personal Information form which may have been extracted or obtained from Your Personal Information or other User Submissions including any aggregated, anonymised or otherwise de-personalised data.
No omission or delay on the part of either party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.
YOU AND LIFE DISCLAIM ANY APPLICATION OF THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS.
Apple required terms:
Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Service may be accessed and used by other accounts associated with You via Family Sharing.
Warranty: As between Apple and life, life is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Service to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be life's sole responsibility.
Product Claims: life and You acknowledge that life, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: life and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party's intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, life, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Lenslife Pty Ltd may be contacted at +61 431 858 210 or email@example.com, Subject: Support, in connection with any questions, complaints or claims with respect to the Service.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Service, such as Your wireless data service agreement.