Terms

  1. BINDING CONTRACTUAL TERMS

    Welcome to lenslife! By downloading or using the lenslife mobile application provided through Apple's App Store or by accessing any associated content such as our website, email feeds, feeds through apps, or other lenslife services (collectively the "Service"), a photo messaging application (the "Purpose"), the person or entity downloading or using the Service ("You") signify (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Y.O.L.T. Australia Pty Ltd., a company registered in New South Wales, Australia, of Level 6, 141 Walker Street, North Sydney NSW 2060 (" life" or "We" or "Us").

    If You are accepting these Terms of Use on behalf of Your employer, You affirm that You have the authority to do so. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, You affirm that You have not been previously suspended or removed from the Service and do not have more than one life account.

    ATTENTION: PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR COMMUNITY RULES, CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

    We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. You agree that life will not be liable to You or any third party in the event that We exercise our right to modify or discontinue the Service (or any portion of the Service). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms of Use.

    We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

    These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You. Please review those sections (and all of the other terms) carefully.

  2. 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.

  3. 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.

  4. 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.

  5. DATA CHARGES

    You agree that you are responsible for all data charges you incur through use of the Service.

  6. TERM

    The Service will be provided from the date on which You download or register for the Service and accept these Terms of Use and will continue until terminated.

  7. SECURITY MEASURES

    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.

  8. USER CONTENT

    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.

  9. Access TO THE SERVICE/Users Who Violate Terms of Use

    1. life hereby grants to You a nonexclusive, terminable, limited right to use the copy of the life mobile application that You downloaded solely on the device on which You downloaded the life mobile application and solely for the purposes of accessing and using the life Services as set forth in Section 1 for your personal use only. You understand that Your access rights are personal and not transferable and that You may not sublicense them. You also understand that Your rights will be terminated by life if You do not abide by these Terms of Use, and that You may have liability to life if You misuse the life mobile application.
    2. 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.
    3. 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.
    4. life may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trade marks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.
  10. Restrictions on Use of the Service

    1. In Your use of the Service, You will not:

      • violate these Terms of Use or the lenslife Community Rules;
      • 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.
    2. life will fully cooperate with any law enforcement authorities or court order requesting or directing life to disclose the identity of anyone violating these Terms of Use.
    3. 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.
  11. INTELLECTUAL PROPERTY

    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").

    life has the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the Service and the life IP (without prejudice to Your rights under applicable law and under these Terms of Use in relation to Personal Information).

    You agree and acknowledge that You will not acquire and You irrevocably disclaim any right, title, interest or licence in or under any of the life IP, except the limited right to access and use the Service during the Term in accordance with these Terms of Use.

  12. 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:

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 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);
    4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
    5. 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
    6. 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:

    Content Editor
    Y.O.L.T. Australia Pty Ltd
    P.O. Box 249
    Darlinghurst
    NSW 1300
    Australia
    +61 2 8035 4453
    editor@lenslife.com.au

    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.

  13. Trade marks, Celebrity Material and privacy

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  14. WARRANTIES

    You warrant and represent to life as set out below:

    1. 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.
    2. You will keep the information referred to in paragraph (a) up to date.
    3. 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).
    4. You will use the Service lawfully and in good faith.
    5. You will keep Your log-in details and password secured and will not share such information with third parties.
  15. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS. LIFE GIVES NO WARRANTY NOR MAKES ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE LIFE IP. LIFE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF LIFE RELATING TO THE SERVICE OR THE LIFE IP THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, LIFE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. LIFE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LIFE IP POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THE FOREGOING DISCLAIMER OF WARRANTIES 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 A DISCLAIMER OF WARRANTY, SUCH AS AUSTRALIAN LAW UNDER WHICH CERTAIN CONSUMER GUARANTEES CANNOT BE EXCLUDED.

  16. INDEMNITY

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LIFE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, AND ATTORNEY'S FEES ARISING TO ANY OF THE LIFE PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE LIFE PARTIES IN CONNECTION WITH (1) THE LOSS OF AN IMAGE BY VIRTUE OF YOUR PUNISHMENT BY ANOTHER USER FOR TAKING A SCREENSHOT OF THEIR EMPHEMERAL MESSAGE, AS FURTHER DESCRIBED IN OUR COMMUNITY RULES; (2) YOUR MISUSE OF THE SERVICE; (3) YOUR BREACH OF ANY OF THESE TERMS OF USE; (4) ANY ACTIVITY FALLING UNDER (1) - (3) ABOVE RELATED TO YOUR APPLE ID OR OTHER INTERNET ACCOUNT, OR USING YOUR MOBILE TELEPHONE NUMBER, USER NAME, EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR MOBILE TELEPHONE NUMBER OR USER NAME OR EMAIL ADDRESS, UNLESS SUCH ACCOUNT OR ID DETAILS HAVE BEEN USED WITHOUT YOUR AUTHORIZATION AND MISUSED BY A THIRD PARTY WITH NO FAULT ON YOUR PART.

    IF LIFE DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, LIFE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS' FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO LIFE.

  17. LIMITATIONS ON LIABILITY

    IN NO EVENT WILL THE LIFE PARTIES BE LIABLE TO YOU NOR WILL YOU BE LIABLE TO LIFE UNDER THESE TERMS OF USE OR IN CONNECTION WITH ITS PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR ITS NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, PHOTOS, COMMENTS OR IMAGES, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE LIFE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    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.

    THE LIFE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

    THE LIFE PARTIES' MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE (SAVE FOR AN EXPRESS INDEMNITY) WILL BE LIMITED TO $50 USD. 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 A LIMITATION OF 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.

    A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns ("Force Majeure Events"). In the event of a Force Majeure Event affecting the provision of the Service by life, life will use reasonable efforts to notify users through the Service or through its website or by email communication.

  18. TERMINATION OF THE SERVICE

    life may terminate Your subscription to the Service without notice, in the event You:

    1. breach these Terms of Use including any warranties;
    2. misuse or challenge life's rights in the life IP; or
    3. 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:

    1. Your right to access and use the Service will immediately terminate; and
    2. all of Your Personal Information and User Submissions will be permanently deleted from the Service, save that -

      1. copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
      2. life reserves the right to retain records of Your Personal Information or other User Submissions that You posted on the Service but only where it is required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it needs to retain such data for other legitimate reasons; and
      3. 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.
  19. GENERAL

    Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

    Except as to Apple as described in the Apple required terms below, life and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than life, You, and their successors and assigns.

    No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the Parties.

    These Terms of Use, and any rights and licenses granted in the Terms of Use may not be transferred or assigned by you without life's prior written consent, but may be assigned by life without restriction and without notice to you.

    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.

    These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. This clause does not affect a party's liability in respect of a fraudulent misrepresentation.

    YOU AND LIFE DISCLAIM ANY APPLICATION OF THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS.

    No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and life's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    You agree that the Service shall be deemed solely based in New South Wales, Australia. These Terms of Use are governed by Australian and New South Wales law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute between them arising out of the subject matter of these Terms of Use. If You are domiciled in a member state of the European Union, the foregoing is subject to applicable jurisdiction provisions under European Union law.

    Apple required terms:

    1. Acknowledgement: life and You acknowledge that the Terms of Use are concluded between life and You only, and not with Apple, and life, not Apple, is solely responsible for the Service and the content thereof.
    2. 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.
    3. Maintenance and Support: As between Apple and life, life is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. life and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. Developer Name and Address: Y.O.L.T. Australia Pty Ltd may be contacted at +61 2 8035 4453 or support@lenslife.com.au in connection with any questions, complaints or claims with respect to the Service.
    9. 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.
    10. Third Party Beneficiary: life and You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary thereof.