Please read these terms of use ("Terms") carefully. By agreeing to these Terms or by registering for, accessing, browsing, downloading from, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services in any way.
If you are entering these Terms on behalf of a corporation or any other legal entity, you represent that you have the authority to bind such entity to these Terms. If you are entering into these Terms as an individual, you confirm that you are over 18 years of age. If you are under such age, you confirm that you possess legal parental or guardian consent to agree to these Terms. As used herein, "you" and "your" refer to you or the entity on behalf of which you are acting, as applicable.
Subject to these Terms, LensGo grants you the right to access and use the Services for your personal use.
You shall not: (a) access or use any part of the Services to build or create a product or service that is similar to or competes with the Services; (b) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or LensGo's systems or servers, or the cloud or other platforms on which the Services operate; (c) use the Services in any manner that is unlawful or prohibited or in violation of these Terms and/or any applicable law or regulation.
The Services allow you to broadcast, distribute, post, and/or publish Your User Content (as defined below) to certain third-party platforms you explicitly connect (the "Third Party Platform/s"). By connecting your media/social network accounts on such Third Party Platforms to the Service, you acknowledge that you are bound by the agreements, terms, and policies of such Third Party Platforms, and you agree to comply with them fully at all times. LensGo shall not be responsible or liable for any breach by you of the agreements, terms, and policies of any Third Party Platforms.
To use the Services, you acknowledge and agree for the Services to access your accounts on such Third Party Platforms on your behalf and to perform actions such as "connecting," "subscribing," "posting," or "sharing" to or on your accounts on such Third Party Platforms.
You are required to sign up for the Services to use them. The sign-up process may require you to provide certain information, including but not limited to your name, email address, telephone number, credit card number, billing information, and other details. LensGo reserves the right to terminate your account or refuse any or all use of the Services if the registration information submitted is false, inaccurate, or incomplete. The sign-up process and use of the Services also require you to provide us with the credentials to your accounts on the Third Party Platforms where you wish to broadcast, distribute, post, and/or publish Your User Content through the Services.
LensGo will keep the foregoing information confidential in accordance with its Privacy Policy.
Registration of more than one account per individual or organization is not permitted without prior written approval from LensGo, and the automatic generation of multiple accounts by individuals or organizations is restricted.
Please review LensGo's Privacy Policy for information relating to how we collect, use, and disclose your personal information. The Privacy Policy constitutes an integral part of these Terms, and by accepting these Terms, you agree to the Privacy Policy.
You confirm that you own all rights, title, and interest (or have the full applicable rights of use) in and to all the content you stream through the Services (including on or to any Third Party Platforms) ("Your User Content"), and you have the exclusive responsibility and liability for Your User Content, including but not limited to its legality, reliability, authenticity, integrity, accuracy, content, completeness, availability, and quality.
You will not stream content that: (i) is unlawful, harmful, threatening, violent, defamatory, offensive, obscene, infringing, harassing, or racially or ethnically offensive; and/or (ii) facilitates or relates to illegal activity; and/or (iii) depicts sexually explicit content such as pornographic materials; and/or (iv) promotes or relates to unlawful violence; and/or (v) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; (vi) causes or may cause damage or injury to any person or property; (vii) contains commercial ads or marketing materials; and/or (viii) is not Your User Content or content that you don’t own or have the rights to.
You remain exclusively responsible for all acts or omissions in connection with Your User Content. LensGo does not control or monitor Your User Content and is not responsible for its legality, reliability, authenticity, integrity, accuracy, content, completeness, availability, and quality. LensGo reserves the right to remove any content from Your User Content that it deems to be in violation of these Terms and to take any action it deems appropriate, including disabling, suspending, or terminating any or all use of the Services.
Without derogating from anything herein, you confirm and obligate that you have and will legally acquire all right, title, and interest in and to all of Your User Content and that you have and will have the right to use, distribute, provide LensGo, and transmit through the Services Your User Content. You hereby give your consent to LensGo and grant it a worldwide, royalty-free, and non-exclusive license to scan and collect Your User Content, store Your User Content on LensGo's servers, third-party external servers, or cloud services on which the Services operate, to use Your User Content to provide and allow you to use the Services and in any other manner detailed herein.
The Services (or certain features thereof) are subject to your payment of applicable fees. Unless otherwise explicitly agreed between you and LensGo, the fees for the Services shall be as stated in LensGo's then-current price list on its website. LensGo reserves the right to charge in the future for certain features of the Services that are currently available for free, upon prior written notice to its users.
You acknowledge that LensGo uses third-party cloud infrastructure services to provide the Services, and you agree that LensGo is not and shall not be responsible for the availability, performance, or security of any such external third-party services or resources. LensGo shall not be held liable for any loss or damage (including loss of data and/or loss of profits) incurred by you as a result of the lack of availability of, interruptions or errors in the performance of, and any other problem in those external third-party services or resources, or as a result of the lack of availability of, interruptions or errors in the performance of, and any other problem in the Services provided through such external third-party services or resources.
LensGo owns and retains at all times all title, rights, and/or interest, including any intellectual property rights of any kind, in and to the Services (and any part thereof), including any enhancements, modifications, upgrades, updates, analyses, derivatives, and work products thereof or therefrom.
YOU HEREBY CONSENT AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. LensGo DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES ARE PROVIDED AS-IS, AND LensGo PROVIDES NO REPRESENTATIONS AND/OR WARRANTIES IN CONNECTION WITH THE SERVICES, INCLUDING AS TO ACCURACY OR COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Without derogating from the above, LensGo disclaims and shall have no liability for and assumes no liability or responsibility whatsoever for (1) any and all damages or loss of any kind; (2) any bugs, viruses, trojan horses, malware, or the like which may be transmitted to or through the Services or through the actions of any third party; (3) any mistakes or inaccuracies of content; (4) any interruption of the Services; (5) any unauthorized access to or use of servers used by LensGo in connection with the Services, including third-party servers; (6) any unauthorized access to any and all Personal Identifiable Information; (7) any and all of Your User Content; (8) any products or services advertised or offered by a third party, including through the Services or any hyperlinked website or featured in any banner or other advertising, and any transaction between you and third-party providers of products or services, all including in connection with Third Party Platforms.
WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT WILL LensGo BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND/OR BUSINESS, CUSTOMERS, AND/OR DATA OR ANY OTHER PROPERTY, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL LensGo’S LIABILITY UNDER THESE TERMS AND WITH RESPECT TO THE SERVICES EXCEED AMOUNTS ACTUALLY PAID BY YOU TO LensGo HEREUNDER DURING A PERIOD OF 12 MONTHS PRIOR TO ANY LIABILITY EVENT (IF ANY). AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS HEREUNDER, LensGo SHALL NOT HAVE ANY LIABILITY UNDER THESE TERMS AND WITH RESPECT TO THE SERVICES. YOUR SOLE REMEDY UNDER THESE TERMS WILL BE TO TERMINATE YOUR USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE, OR OTHERWISE, EVEN IF LensGo WAS ADVISED OF SAME.
LensGo is entitled, at its sole discretion, to change, terminate, or cease the operation of the Services (or any part thereof). Additionally, LensGo is entitled, without prior notice, to terminate or suspend your right to use the Services and/or to prevent your access to and use of the Services in the event of any violation and/or breach and/or infringement by you of these Terms.
LensGo is entitled to amend these Terms at any time. Upon such amendments, LensGo will inform you by publishing a notice through the Services or otherwise communicating with you. Such amendments shall apply to your use of the Services after you have accepted such amendments, and in any event upon the lapse of 7 (seven) days as of such notice (even if you have not accepted such amendments). If you do not wish to be bound by such amendments, please discontinue the use of the Services.
These Terms, together with the Privacy Policy and any other legal notices published by LensGo, constitute the entire agreement between you and LensGo in connection with the Services.
You shall not, without the prior written consent of LensGo, assign, transfer, or sub-contract these Terms and/or any of the rights or obligations hereunder, and any unauthorized assignment shall be null and void. LensGo may, at any time, assign, transfer, or sub-contract any of its rights or obligations under these Terms.
These Terms shall be governed by the laws of The Netherlands.