Party! Disposable Camera Terms of Service

1. Acceptance of Terms

Welcome to Party! Disposable Camera by Hipstamatic (the “App”). By downloading, accessing, or using the App, you agree to be bound by these Terms of Service (the “Terms”) and the Privacy Policy at http://letsparty.cam/privacy all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, please do not use the App. You are prohibited from using or accessing this site. The materials contained in this website and App are protected by applicable copyright and trademark law. ARBITRATION NOTICE. You agree that disputes that may arise under these Terms will be resolved by binding, individual arbitration and by accepting these terms, YOU AND Hipstamatic ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to defend your rights under this contract (besides of course, matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.

2. Description of Service

Party! Disposable Camera by Hipstamatic (the “Service”) is a mobile application that allows users to capture and share photos within a private event. Photos are stored and managed using Apple’s CloudKit service. The Service is designed to create a private social network for event guests to view, like, and comment on photos after the event ends.

3. User Accounts

To use the Service, you may be required to create an account using your Apple ID. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. We reserve the right to terminate your account if you violate these Terms.

4. User Content

4.1. Ownership

You retain ownership of all content that you create, upload, or share through the Service (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and display such content for the purpose of operating the Service.

4.2. Responsibility

You are solely responsible for the User Content you upload or share. You agree not to upload, post, or share any content that is illegal, offensive, infringing, or otherwise inappropriate.

4.3. Privacy

Photos and other User Content uploaded to the Service are stored using Apple CloudKit. While we take reasonable measures to protect your data, we cannot guarantee its absolute security. Please refer to Apple’s CloudKit terms for more information on data storage and privacy.

4.4. Content Storage Duration

User Content will be stored on the Service for a limited time depending on the type of camera used:

Event and Wedding Cameras: Content will be stored for up to 1 year from the date of creation.
All Other Cameras: Content will be stored for up to 30 days from the date of creation.

After the specified duration, the content will be permanently deleted from our servers. Users are encouraged to download and back up their content before this period expires.

5. Camera Creation and Commercial Use

5.1. Personal Use

The Service may offer features allowing for the “unlimited” creation of virtual disposable cameras within the App. This feature is intended solely for personal use. Cameras you create, and the photos you capture with them, are for your own non-commercial use and enjoyment.

5.2. Commercial Software License

If you wish to use the Service for commercial purposes, including distribution, monetization, reselling, or licensing of the software, you must purchase a Commercial Software License (the “License”). This License grants you the right to distribute, monetize, and resell the cameras or any content created within the App, in accordance with the terms specified in the License agreement.

5.3. License Compliance

By purchasing the Commercial Software License, you agree to adhere to all terms and conditions outlined in the License agreement. Any unauthorized commercial use without purchasing the License is a violation of these Terms and may result in the termination of your account and legal action.

5.4. License Availability

Details regarding the Commercial Software License, including pricing, terms, and conditions, are available within the App, on our website, or by contacting us at support@hipstamatic.com.

6. Disclaimer

The materials on Hipstamatic’s website and app are provided on an ‘as is’ basis. Hipstamatic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Hipstamatic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or app or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Hipstamatic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Hipstamatic website and app, even if Hipstamatic or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Accuracy of Materials

The materials appearing on Hipstamatic’s website or app could include technical, typographical, or photographic errors. Hipstamatic does not warrant that any of the materials on its website are accurate, complete, or current. Hipstamatic may make changes to the materials contained on its website at any time without notice. However, Hipstamatic does not make any commitment to update the materials.

9. Links

Hipstamatic has not reviewed all of the sites linked to its website and app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hipstamatic of the site. Use of any such linked website or app is at the user’s own risk.

10. Prohibited Conduct

You agree not to:

Use the Service for any unlawful purpose.
Upload or distribute any content that violates the rights of others.
Engage in any activity that could harm, disrupt, or impair the functioning of the Service.
Attempt to gain unauthorized access to the Service or other users’ accounts.

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to a violation of these Terms.

12. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, design, and trademarks, are owned by us or our licensors. You are granted a limited, non-exclusive license to use the Service for personal, non-commercial purposes, unless you have purchased the Commercial Software License.

13. Disclaimers

13.1. No Warranties

The Service is provided “as is” and “as available,” without any warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

13.2. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service.

14. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of The United States and the state of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make significant changes, we will notify you through the Service or via email. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at support@hipstamatic.com.

17. Eligibility

You acknowledge and warrant that you are an individual person at least 13 years of age. If you are under the age of 13, you may not, under any circumstances or for any reason, use our services

Effective Date: September 5, 2024