SPP Mobile Application End User License Agreement

This End User License Agreement ("Agreement") is a binding agreement between you (“End User” or “Licensee” or “you” or “your”) and SELF-PORTRAIT PROJECT, LLC. (“Company” “we” “us” or “our”). This Agreement governs your use of the SPP Mobile Application and SPP Website on the SPP Platform, (including all related documentation, the “Application”). The Application is licensed, not sold, to you in accordance with the terms herein.

BY CLICKING THE "AGREE" BUTTON AND/OR DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

 

  1. License Grant. Subject to the terms of this Agreement, Company grants you a personal, limited, non-exclusive, non-commercial, and non-transferable license to:

    1. download, install, and use the SPP Mobile Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the SPP Mobile Application's documentation; and

    2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the SPP Mobile Application, strictly in accordance with this Agreement applicable to such Content and Services as set forth in Section 5 and this Agreement.

  2. Additional License Terms and Restrictions.

    1. Licensee shall not:

    1. copy the Application, except as expressly permitted by this license;

    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

    6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

      1. The above restrictions apply except to the extent otherwise expressly permitted under applicable law or except to the extent that Company is legally required to permit such specific activity pursuant to any third party or applicable open source license.

    1. Certain third party software may be provided with the Application and is subject to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Application are distributed under and subject to open source licenses obligating Company to make the source code for those portions publicly available (such as the GNU General Public License (“GPL”) or the GNU Lesser General Public License (“LGPL”)), Company will make those source code portions (including Company modifications, as appropriate) available upon request for a period of up to three years from the date of distribution (or in accordance with the relevant open source license terms). You may obtain a copy of the GPL at http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at http://www.gnu.org/licenses/lgpl.html. Company’s open source information can be found at https://github.com/outromundialista/dependency-mirror

    2. Apple, Inc. Terms. You acknowledge and agree to the additional Apple, Inc. license terms when using the Application. The additional Apple, Inc. terms are found attached to this Agreement in Exhibit A.

  1. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  2. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You will be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application provides you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy http://selfportraitproject.com/privacy-policy By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  3. Content and Services.

    1. Generally. The Application provides you with access to Company's cloud platform (the "SPP Platform") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the SPP Platform. Your access to and use of such SPP Platform, Platform Content, and services are governed by this Agreement and the Privacy Policy, of which can be found in the SPP Mobile Application or at http://selfportraitproject.com/privacy-policy of which are incorporated herein by this reference. Your access to and use of such Platform Content and services may require you to acknowledge your acceptance of the Agreement, Terms of Use, and Privacy Policy and/or to register with the Application, and your failure to do so may restrict you from accessing or using all or certain of the Application's features and functionality. Any violation of such of this Agreement or the Terms of Use will also be deemed your violation of this Agreement.

    2. Your Content

      1. General. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the license and use of Your Content as described herein. You also represent that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All of Your Content must comply with the terms set forth in this Agreement, including the Content Standards.

      2. Company’s Right to Use Your Content. Company, its affiliates, and Self Portrait Project, LLC’s may Use Your Content uploaded using the Application or otherwise uploaded to Company’s, its affiliates, or Self Portrait Project, LLC’s server archives in several ways, including publicly displaying it, creating compilations, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant Company, its affiliates, and Self Portrait Project, LLC a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to Use Your Content uploaded using the Application or otherwise uploaded to Company’s, its affiliates’, or Self Portrait Project, LLC’s server archives for any purpose. Please note that you also irrevocably grant the users of the Application and any Other Media the right to access Your Content in connection with their use of the Application and any Other Media. You also irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "Use" in subsection 5.2.2, we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

      3. Ownership. As between you and Company, you own Your Content. Company owns the Company’s Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Platform Content, computer code, products, software, and all other elements and components of the Application excluding Your Content, User Content and Third Party Content. Company also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Company Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Application and the Company Content are retained by us.

      4. The Application may display, include, or make available User Content and Third Party Content. You acknowledge and agree that Company is not responsible for User Content or Third Party Content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any User Content or Third Party Content. User Content and Third Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions, where applicable. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the User Content or Third Party Content in whole or in part except as expressly authorized in this Agreement or otherwise by the relevant owners of such content.

      5. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Application, such as photos, compliments, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that other users submit or transmit to, through, or in connection with the Application, excluding Your Content. "Company Content" means Content that Company’s creates and makes available in connection with the Application. "Third Party Content" means Content that originates from parties other than Company or its users (including data, information, applications, and other products, services, and/or materials or provide links to third-party websites or services, including through third-party advertising), which is made available in connection with the Application. "Platform Content" means all of the Content that is made available in connection with the Application, including Your Content, User Content, Third Party Content, and Company Content.

 

      1. Content Standards

        1. These content standards apply to any and all of Your Content and use of the Application. Your Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your Content must not:

        2. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

        3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

        4. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

        5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy http://selfportraitproject.com/legal

        6. Be likely to deceive any person.

        7. Promote any illegal activity, or advocate, promote or assist any unlawful act.

        8. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

        9. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

        10. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

        11. Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

    1. User Accounts. You must create an account and provide certain information about yourself in order to use the features that are offered through the Application. It is a condition of your use of the Application that all the information you provide through the Application is correct, current and complete. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify Company immediately of any unauthorized use of your account. Company reserves the right to disable or close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity or anyone else), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if (the service relates to taking your pictures and sharing your pictures with others), for example, you use the same account information on other sites, or allow other sites to share information about you with Company. Please read our Privacy Policy for more information.

    2. Service Availability. The Application, SPP Platform, and related services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application, SPP Platform, or related services (or any part thereof).

    3. Prohibited Uses. You may use the Application only for lawful purposes and in accordance with this Agreement. You agree not to use the Application:

      1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

      2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

      3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with use set out in this Agreement.

      4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

      5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

      6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.

      7. Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.

      8. Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.

      9. Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.

      10. Use any device, software or routine that interferes with the proper working of the Application.

      11. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

      12. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to or associated with the Application.

      13. Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

      14. Otherwise attempt to interfere with the proper working of the Application.

    4. Copyright Infringement. If you believe that any User Content or Third Party Content violate your copyright, please contact us with a notice of copyright infringement at: admin@selfportraitproject.com and include specific details, including a link to where the alleged copyright infringing material can be found. It is the policy of the Company to terminate the user accounts of repeat infringers.

    5. Monitoring and Enforcement. We have the right to:

      1. Remove or refuse to post any of Your Content for any or no reason in our sole discretion.

      2. Take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company.

      3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

      4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.

      5. Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of this Agreement.

      6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, SELF PORTRAIT PROJECT, LLC AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      7. However, the Company cannot review all material before it is posted or made available through the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    6. Geographic Restrictions. The owner of the Application is based in the state of New York in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

    1. the Application will automatically download and install all available Updates; or

    2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Term and Termination.

    1. The term of Agreement commences when you download or install the SPP Mobile Application and will continue in effect until terminated by you or Company as set forth in this Section 7 or elsewhere in this Agreement.

    2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

    3. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

 

    1. Upon termination:

      1. all rights granted to you under this Agreement will also terminate; and

      2. you must cease all use of the Application and delete all copies of the SPP Mobile Application from your Mobile Device and account.

    2. Termination will not limit any of Company's rights or remedies at law or in equity.

  1. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, SELF PORTRAIT PROJECT, LLC AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, SELF PORTRAIT PROJECT, LLC, OR THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Company, Self Portrait Project, LLC and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to Your Content or the Content you make available through this Application.

  2. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

  3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

  4. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New Your City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  5. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  6. Entire Agreement. This Agreement, Company’s Terms of Service, and Company’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

  7. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

  Copyright © 2017 SELF-PORTRAIT PROJECT, LLC. 

EXHIBIT A

Apple, Inc. Additional License Terms

  1. Acknowledgement: End User and Company acknowledge that the Agreement is concluded between Company and the End User only, and not with Apple. Apple, Inc. has no responsibility for the SPP Mobile Application and the content thereof. To the extent the Agreement contains usage rules for the SPP Mobile Application that are in conflict with, the current Apple, Inc. App Store Terms of Service, the current Apple, Inc. App Store Terms of Service govern over only the conflicting terms.

  2. Scope of License:  The license granted for the SPP Mobile Application is limited to a non-transferable license to use the SPP Mobile Application on any Apple- branded products that the End User owns or controls and as permitted by the usage rules set forth in the Apple, Inc. App Store Terms of Service, except that such SPP Mobile Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

  3. Maintenance and Support: Apple, Inc. is not responsible for providing any maintenance and support services with respect to the SPP Mobile Application, as specified in the Agreement, or as required under applicable law. Company and the End User acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the SPP Mobile Application.

  4. Warranty:  Apple, Inc., is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the SPP Mobile Application to conform to any applicable warranty, the End User may notify Apple, Inc., and Apple, Inc,. will refund the purchase price for the SPP Mobile Application to that the End User, to the extent applicable. To the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the SPP Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility, as set forth in this Agreement.

  5. Product Claims: Company and End User acknowledge that Apple, Inc., is not responsible for addressing any claims of the End User or any third party relating to the SPP Mobile Application or the End User’s possession and/or use of the SPP Mobile Application, including, but not limited to:  (i) product liability claims; (ii) any claim that the SPP Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. Intellectual Property Rights:  Company and End User acknowledge that, in the event of any third party claim that the SPP Mobile Application or End User’s possession and use of that SPP Mobile Application infringes that third party’s intellectual property rights, Apple. Inc., has no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

  1. Legal Compliance: End User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

  2. Developer Name and Address:  In the event that End User has any questions, complaints or claims with respect to the SPP Mobile Application, these issues should be directed to:

Company Name: SELFPORTRAITP, INC

Mailing Address: 54 W. 40th St. Suite 911 New York, NY 10018

Phone Number: (917) 714-3492

Email: admin@selfportraitproject.com

  1. Third Party Terms of Agreement: End User must comply with all applicable third party terms of agreement when using the SPP Mobile Application.

  2. Third Party Beneficiary:  Company and End User acknowledge and agree that Apple, Inc., and its subsidiaries, are third party beneficiaries of the Agreement, and that, upon End User’s acceptance of the terms and conditions of this Agreement, Apple, Inc. has the right (and will be deemed to have accepted the right) to enforce the Agreement against the End User as a third party beneficiary thereof.

 

 

Mobile App Privacy Policy

Last modified: May 18, 2017

Introduction

SELF PORTRAIT PROJECT, LLC ("Company" or "We" or "Our") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you purchase, download, install, register with, access, or use the services, including those offered through our websites and mobile applications (the "App").

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App.

This policy DOES NOT apply to information that You provide to or is collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at admin@selfportraitproject.com.


 

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.

  • Automatically when you use the App.

Information You Provide to Us  

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified, such as name, photographs, postal address, email address, telephone number, search terms for kiosk locations, photo tags, dates, etc.. ("personal information").

  • That is about you, but individually does not identify you.

This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and subscribing to our service, and posting material. We may also ask you for information when you report a problem with the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.

  • Your search queries on the App.

You may provide information to be published or displayed ("Posted") on public areas of websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection and Tracking   

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.

  • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

  • Location Information. This App collects real-time information about the location of your device.

If you do not want us to collect this information do not download the App or delete it from your device. Collecting some of the information above is critical to the functionality of the interactive photo kiosk system. Note, however, that opting out of the App's collection of location information will render the at least a portion of the App unusable/cause its location-based features to be disabled.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking).

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include (but are not limited to):

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

  • Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

  • GPS. We collect your GPS information based on GPS information obtained by your phone.

  • Radio Beacons. We collect radio beacon data from your phone (e.g., proximity to a transmitter/receiver in our kiosk) and associated signal strength.

  • General Phone Information. We collect information your phone, such as your phone’s IP address.

  • App Usage. We collect data entered into search functions and collect anonymous analytics (when the App is opened, used, etc.).

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • SELFPORTRAITP, INC

  • Advertisers, ad networks, and ad servers.

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, including photographs that you take and access to photographs that others take, and any other information, products or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.

We use location information we collect, for example, to know what interactive photo kiosk is nearest to your location. This location information will provide you with access to control the closest photo kiosk and take pictures.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SELF PORTRAIT PROJECT, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SELF PORTRAIT PROJECT, LLC about our App users is among the assets transferred.

  • To fulfill the purpose for which you provide it. For example, if you share a photo with us for the Self Portrait Project, we will then permit that photo to be viewed by other users of the App and the others that have access to the Internet.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the SPP Mobile Application End User License Agreement associated with the App.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SELF PORTRAIT PROJECT, LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, all or some parts of the App may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, all parts of the App may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an email at admin@selfportraitproject.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our SPP Mobile Application End User License Agreement http://selfportraitproject.com/legal.

 

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to admin@selfportraitproject.com or write us at: 54 West 40th St, Suite 911, New York, NY 10018.

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Data Retention and Account Termination

You can close your account by deleting your account through the App. We will remove your public posts from view, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the App or to comply with legal obligations.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on http://selfportraitproject.com/privacy-policy and through the App with a notice that the privacy policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.


 

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

54 West 40th St, Suite 911, New York, NY 10018