Terms of Use

BY USING THE OTSHOT PHOTO APP, POWERED AND OWNED BY KEYDOWNLOAD LTD., YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO YOUR USE OF THE SERVICE AND ANY SOFTWARE PROVIDED BY OTSHOT TO YOU:

1. General Terms of Use

USER CONDUCT

OtShot may monitor or review your conduct on any of the services offered by OtShot (referred to collectively as the "Service").

In using the Service you agree not to:

YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY IMAGES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.

2. Legal Protections

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OTSHOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OTSHOT MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT OTSHOT DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OTSHOT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OtShot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall OtShot's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts paid to it by you over the prior 12 months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold OtShot harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

3. Term

The term of this Agreement will commence upon your use of the Service and will survive even after you have stopped using the Service.

4. Modifications to the Service or Legal Terms

Unless otherwise provided, OtShot may change the Terms of Use or the EULA at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this Terms of Use or the EULA, OtShot may notify you via e-mail, and/or by posting an announcement of the changes on the Service. By using the Service after any change you acknowledge and accept the changes.

5. OtShot's Right to Terminate or Modify Services

OtShot may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event OtShot, Inc. modifies the Agreement or the Services, you may terminate the Services. OtShot, Inc. may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at OtShot, Inc.'s sole discretion. OtShot may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from OtShot, Inc. to effect such termination. Upon any termination of this Agreement (whether by you or OtShot), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

6. Service Use Restrictions

You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Services; (ii) modify, translate, distribute or create derivative works of the Services; (iii) rent, lease, transfer, or otherwise transfer rights to the Services; and (iv) remove any proprietary notices or labels on the Services. You may only use the Services for your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application.

You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.

In addition to any other remedies available in equity or law to OtShot and OtShot's Content suppliers, failure to comply with any of the terms and conditions in this Section 8, Service Use Restrictions, shall immediately terminate your license to the Content and the Services.

7. Personal Information and Privacy

Personal information you provide to OtShot, Inc. is governed by the OtShot Privacy Policy athttp://www.OtShot.com/privacy-policy.html. Your election to use the Software and Services indicates your acceptance of the terms of the OtShot Privacy Policy, so please review it carefully if you have any questions about OtShot's treatment of personal information you provide to us. The OtShot Privacy Policy discloses information-gathering and dissemination practices for information collected during product purchase, trial sign up and/or product registration. Information may include name, e-mail address, location information, product and service information, information on software downloads and updates, systems information, content preferences, purchase information and credit card billing information. The information is stored on OtShot's servers and is sent to and from such servers as part of routine product communications that enable Software functionality.