Terms of Service — Lytro Mobile Application (iOS)

Lytro, Inc. (“Lytro,” “we,” or “us”) operates the Lytro Mobile Application (iOS) (“Lytro application”). Please read these Terms of Service carefully. YOUR INSTALLATION OR USE OF THE LYTRO APPLICATION MEANS THAT YOU HAVE READ AND YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you install or use the Lytro application on behalf of an entity, you represent that you have the authority to bind that entity, and these terms of use are the agreement of such entity. In that event, “you,” “your,” and “user” refer to that entity.

The Lytro application allows you to access certain functionality available on Lytro.com. Your access and use of that functionality is governed by the Lytro.com Terms of Use, which are incorporated into these Terms of Service. These Terms of Service also incorporate and supplement the Apple, Inc. Terms and Conditions, including the Licensed Application End User License Agreement.

Our Privacy Policy for the Lytro Mobile Application describes how we collect, use, and disclose information we receive from users of the Lytro application.

You agree not to use tools to observe the internal operation of the Lytro application, or otherwise attempt to derive any features of the Lytro application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

You may use the Lytro application only to benefit from its intended services and functionality and in compliance with these Terms of Service and applicable laws and regulations. Conduct that is harmful to us or others or that disrupts the Lytro application, Lytro.com or their use by others is prohibited.

You must comply with applicable third party terms of agreement when using the Lytro application. For example, the agreement with your respective mobile network provider will continue to apply when using the Lytro application. As a result, your mobile network provider may charge you for access to network connection services while using the Lytro application. You agree to comply with the terms of your agreement with your mobile network provider and accept responsibility for any such charges. Note that the living pictures uploaded via the Lytro application are larger in size than regular 2D pictures.

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.

As further explained in the Licensed Application End User License Agreement and the Lytro.com Terms of Use, we provide you with the Lytro application and the services offered on Lytro.com without any warranty, to the maximum extent that disclaimer of warranties is permitted by law. Without limiting the generality of the warrant disclaimers contained in these documents, this means that we do not guarantee uninterrupted or continuous operation of the Lytro application and/or Lytro.com or the continuous storage and preservation of your living pictures uploaded to Lytro.com.

We reserve the right to modify the Lytro application and any services provided by or through it, or to modify these Terms of Service, at any time and without prior notice. We will notify you of any material changes to these Terms of Service by posting the new Terms of Service and a redline of the changes on our website. If the modified Lytro application or Terms of Service are not acceptable to you, your only recourse is to cease using the Lytro application.

We may suspend or terminate your account or access to Lytro.com, or terminate or discontinue all or any part of the Lytro application, the services offered by or through it, or these Terms of Service, at our discretion, at any time, and without prior notice. Without limiting the foregoing, we reserve the right to terminate any account that has been inactive for a significant period of time, as determined at our discretion. You may uninstall the Lytro application, terminate your account, or stop using or visiting Lytro.com at any time. Suspension or termination will not affect those of your obligations under the Terms of Service, which, by their sense and context, are intended to survive such suspension or termination.

These Terms of Service and any related action will be governed by the laws of the State of California, United States, without regard to conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Santa Clara County, California, United States, and we and you waive any objection to this jurisdiction and venue.

You and Lytro acknowledge the following with respect to Apple Inc. (“Apple”):

  • These Terms of Service are concluded between you and Lytro only, and not with Apple. Lytro, and not Apple, is the responsible party for the Lytro application and the content thereof.
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Lytro application.
  • In the event of any failure of the Lytro application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Lytro application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Lytro application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Lytro’s responsibility.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Lytro application or your possession and/or use of the Lytro application, including, but not limited to: (i) product liability claims; (ii) any claim that the Lytro application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Lytro application or your possession and use of it infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Apple and its subsidiaries are third party beneficiaries of these Terms of Service, and Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

The Lytro application was developed by Lytro, Inc., 1300 Terra Bella Avenue, Suite 100, Mountain View, CA 94043, USA. Contact support@lytro.com with any questions or comments about the Lytro application.

© Lytro, Inc. 2013