Terms of Use

By accessing or using the GOFOTO website at www.gofoto.io (the “Site”), the GOFOTO mobile application (the “GOFOTO Application”), and any other related services or applications made available by GOFOTO (collectively, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”), which also incorporate the GOFOTO Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by GOFOTO, each of which is incorporated by reference and each of which may be updated by GOFOTO from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions specified by GOFOTO from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service. The Service is owned or controlled by GOFOTO, LLC (“GOFOTO”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

General Terms

You must be at least 13 years old to use the Service.

You will not post content to the GOFOTO Application that is discriminatory, hateful or threatening; that contains graphic or gratuitous violence, or incites violence; or that is pornographic or sexually suggestive, or contains nudity of any kind.

You will not solicit other users’ login information or attempt to access an account belonging to someone else.

You will not collect users’ content or information, or access the Service using automated means (such as harvesting bots, robots, spiders, or scrapers).

You represent that all of the information you provide to GOFOTO upon creation of your account is true and accurate, and that you will update such information as necessary to maintain its truth and accuracy. You are responsible for keeping your login credentials secret and secure.

You are responsible for your account and any activity that occurs through your account. You agree not to sell, license, assign or transfer your account. You will not create an account for someone else, unless you have the authority to create an account for your employers or clients.

You are solely responsible for your conduct and any data, text, files, location information, comments, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post or display on or via the Service.

You will not defame, bully, intimidate, harass, threaten or impersonate any user, and you will not display your or any other user’s confidential or private information using the Service.

You will not use the Service for any unlawful purpose and you agree to comply with all applicable laws, rules and regulations during your use of the Service including, without limitation, all applicable Copyright laws.

You will not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack. You will not upload viruses or other malicious code.

You will not put yourself or anyone else in danger while using the Service (this includes, without limitation, during the completion of tasks within the GOFOTO Application).

You will not facilitate or encourage any violations of these Terms of Use.

Your violation of these Terms of Use may result in termination of your GOFOTO account. You understand and agree that GOFOTO cannot and will not be responsible for the content posted on the Service and you use the Service at your own risk.

General Conditions

We reserve the right to refuse access to or use of the Service to anyone at any time for any reason in our sole discretion.

We reserve the right to change these Terms of Use and you agree that we may notify you of any such changes by posting them in the Service and that your use of the Service subsequent to the posting of such changes shall constitute your acceptance of such changes.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you.

Content

All data, text, files, location information, comments, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that is transmitted via the Service is the responsibility of the originator of such Content and GOFOTO cannot ensure the accuracy or authenticity of any such Content. You acknowledge and agree that you access any Content at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

We do not claim ownership of any User Content. For any User Content that that you post, share or publish in the Service, you hereby grant us a non-exclusive, transferable, sub-licensable, fully paid and royalty-free, worldwide license to use, reproduce, modify, publish, translate, sell, transmit, distribute, prepare derivative works of or display such User Content.

You hereby represent and warrant that you own or have the appropriate license for all of the User Content you post, distribute or publish on the Service, and that such User Content does not infringe on the intellectual property or other rights of any third parties. You agree to indemnify GOFOTO for any losses, claims or damages that result from your unauthorized use of third party Content.

You hereby agree that GOFOTO may include any advertising and promotions on the Service in our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

While we understand that you may have feedback or suggestions about GOFOTO, we ask that you do not send us any unsolicited ideas unless we specifically request that you do so. If, despite this notification, you do send unsolicited content, information, ideas, or suggestions, you agree that we are free to use any such content, information, ideas, or suggestions for any purposes including the development of marketing products and services, without any liability to you of any kind.

You hereby acknowledge that GOFOTO has no responsibility at all whatsoever for and does not endorse any Content posted on the Service. GOFOTO has no duty to monitor, edit or remove any Content.

GOFOTO Content

The Service contains Content specifically provided by GOFOTO or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Third Party Content and Third Party challenges

The Service may include links to third party websites or content, and the Service may include third party content that we do not control, maintain or endorse. You expressly acknowledge that GOFOTO is not responsible or liable in any way for any third party content on the Service, or for your interactions or dealings with any third parties you find through the Service. You agree that if you connect third party applications to the Service and allow such applications to distribute or publish any of your Content from the Service, you do so at your own risk and GOFOTO shall not be subject to any liability therefrom.

Additionally, GOFOTO will often use the Service to execute challenges and other interactive experiences for third party businesses and organizations (“Third Party Challenges”). You hereby acknowledge and agree that if you participate in any Third Party Challenge you do so at your own risk and you are solely responsible for your conduct and any User Content that you submit, post or display on or via the Service during such Third Party Challenge, and you are solely responsible for any damage or loss to you or any other party resulting therefrom. In no event shall GOFOTO or any third party be subject to any liability for any damages, injuries, or losses of any kind that result from your conduct in using the Service or as a result of the User Content that you submit, post or display on or via the Service during any Third Party Challenge.

Warranty Disclaimer

THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND GOFOTO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT AS REQUIRED BY LAW. 

GOFOTO AND ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT THE SERVICE WILL BE ERROR FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER GOFOTO NOR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND/OR CONTENT PROVIDERS WILL BE LIABLE TO YOU UNDER TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), AS A RESULT OF YOUR USE OF THE SERVICE. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GOFOTO’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL GOFOTO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOFOTO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY GOFOTO, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY GOFOTO. 

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.” 

GOFOTO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

Indemnification

You shall defend, indemnify, and hold harmless GOFOTO, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, the Content or otherwise from your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of GOFOTO). GOFOTO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GOFOTO in asserting any available defenses.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the state of Utah, without giving effect to any principles of conflicts of law, and the United States of America. You agree to resolve any dispute you have with GOFOTO exclusively in a state or federal court located in Utah, and to submit to the personal jurisdiction of the courts located in Utah County for the purpose of litigating all such disputes.

Miscellaneous Provisions

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. GOFOTO’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. 

These Terms of Use constitute the entire agreement between you and GOFOTO and govern your use of the Service, superseding any prior written or oral agreements between you and GOFOTO. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GOFOTO. GOFOTO may assign these Terms of Use or any rights hereunder without your consent. 

Territorial Limitations; Language

Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of the Service or the Content, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999. 

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GOFOTO to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that GOFOTO provides. 

The effective date of these Terms of Use is Oct 20, 2021. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.