Data Policy

This policy describes the information we process to support Zoetropes App.
What kinds of information do we collect?
To provide the Zoetropes App, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting your profile page in app.
Things you and others do and provide
Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide. Data with special protections: You can choose to provide information in your Zoetropes App profile. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) is subject to special protections under EU law.
Networks and connections. We collect information about the people, accounts and hastags you are connected to and how you interact with them across our Product. Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Product, and what videos content you view on our Products. We also collect information about how you use camera. Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share your video.
Device Information
We collect information from and about the phones you use with our Products.

Information we obtain from these devices includes: 
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space and browser type.
Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or videos.
Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
Cookie data: data from cookies stored on your device, including cookie IDs and settings.
How do we use this information?
We use the information we have (subject to choices you make) as described below and to provide and support the Zoetropes App Products.
Here's how:
Provide, personalize and improve our Products.
We use the information we have to deliver our Products, including to personalize features and content and make suggestions for you such as tools you may be interested on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide where you have given your explicit consent); how you use and interact with our Product. Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features. Promote safety, integrity and security.
We use the information we have to verify accounts and activity. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. Communicate with you.
We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us. Research and innovate for social good.
We use the information we have to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.

How is this information shared?
Your information is shared with others in the following ways:

Sharing Zoetropes App Products
When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people.
Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Zoetropes App username; any information you share with a public audience. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products. 
Content others share or reshare about you
You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post they can download, screenshot, or reshare that content to others across or off our Products, in person or in virtual reality experiences.

People can also use our Products to create and share content about you with the audience they choose. For example, people can share a video of you, tag you in a post, or share information about you in their posts. If you are uncomfortable with what others have shared about you on our Products, you can to report the content.

New owner.
If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.

Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.

VI. How can you exercise your rights provided under the GDPR?
Under the General Data Protection Regulation, you have the right to access, rectify, port and erase your data. Learn more about these rights, and find out how you can exercise your rights in the Zoetropes App Terms below. You also have the right to object to and restrict certain processing of your data. This includes: 
the right to object to our processing of your data for direct marketing, which you can exercise by using the "unsubscribe" link in such marketing communications; and
the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.
Data retention, account deactivation and deletion
We store data until it is no longer necessary to provide our services and Zoetropes App Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Zoetropes App, you can access and delete that query from within your search history at any time, but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after submission. 

When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted.
How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement or others:
In response to a legal request, if we have a good-faith belief that the law requires us to do so. We can also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

Information we receive about you (including financial transaction data related to purchases made with Zoetropes App) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

How do we operate and transfer data as part of our global services?
We share information globally with our partners and with those you connect and share with around the world in accordance with this policy. Information controlled by Zoetropes App will be transferred or transmitted to, or stored and processed in, the Latvia or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Zoetropes App terms and to globally operate and provide our Products to you. We utilize standard contractual clauses approved by the European Commission and rely on the European Commission's adequacy decisions about certain countries, as applicable, for data transfers from the EEA to the United States and other countries.

How will we notify you of changes to this policy?
We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.

How to contact Zoetropes App with questions
If you have questions about this policy, you can contact us as described below. We may resolve disputes you have with us in connection with our privacy policies and practices.
The data controller responsible for your information is Zoetropes App, which you can contact by mail at info@zoetropeapp.com : 

Strongroom Ltd.
Riga, Zirgu iela 8-2, Latvia, LV-1050
Date of Last Revision: May 25, 2018 

Privacy Policy

This Privacy Policy describes how and when Zoetrope collects, uses, and shares your information when you use Zoetrope, including our mobile applications and websites (the "Services"). Zoetrope receives your information through our mobile applications, websites, email notifications, and other interactions with our Services. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize Zoetrope to use your information in any country where Zoetrope operates.

Information Collection and Use

We collect the following types of information. Information you provide us directly: User content that you post through the Services. Communications between us. Analytics information: We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. Cookies and similar technologies: When you visit the Services, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Zoetrope and provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or other third part. Log file: Logfile information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. Device identifiers: When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Zoetrope. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. Metadata: Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you share a photo) or other data.

HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to: - provide personalized content and information to you and others, which could include online ads or other forms of marketing - provide, improve, test, and monitor the effectiveness of our Services - develop and test new products and features - monitor metrics such as total number of visitors, traffic, and demographic patterns - diagnose or fix technology problems - automatically update the Zoetrope app on your device

SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside Zoetrope (or the group of companies of which Zoetrope is a part) without your consent, except as Parties with whom we may share your information: in this Policy. Parties with whom we may share your information: We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Zoetrope is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Services (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos. We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may remove parts of data that can identify you and share anonym data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information. Parties with whom you may choose to share your User Content: Any information or content that you voluntarily stylize with the Services, such as User Content, becomes available to the Zoetrope App anonym. What happens in the event of a change of control: If we sell or otherwise transfer part or the whole of Zoetrope or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy. Responding to legal requests and preventing harm: We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

HOW WE STORE YOUR INFORMATION

Storage and Processing: Your information collected through the Services may be stored and processed in the United States or any other country in which Zoetrope, its Affiliates or Service Providers maintain facilities. Zoetrope, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Zoetrope, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Zoetrope cannot ensure the security of any information you transmit to Zoetrope or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Zoetrope, at all times. Your privacy settings may also be affected by changes the social media services you connect to Zoetrope make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

CHILDREN’S PRIVACY

Zoetrope does not knowingly collect or solicit any information from anyone under the age of 4+. The Service and its content are not directed at children under the age of 4+. In the event that we learn that we have collected personal information from a child under age 4+ without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 4+, please contact us.

OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us through the email info@zoetropeapp.com

CHANGES TO OUR PRIVACY POLICY

Zoetrope may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Zoetrope or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

 

 

Terms of Use

These Terms of Use are effective on January 23, 2017. By accessing or using Zoetrope services, or any applications (including mobile applications) made available by Zoetrope (together, the “Services”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by “Strongroom” SIA. (“Zoetrope”). 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. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ZOETROPE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

You must be at least 4+ years old to use the Service. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services. You must not access Zoetrope is private API by means other than those permitted by Zoetrope. You must not interfere or disrupt the Services or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Zoetrope page is rendered or displayed in a user’s browser or device. Violation of these Terms of Use may, in Zoetrope are sole discretion, result in a ban of Zoetrope usage. You understand and agree that Zoetrope cannot and will not be responsible for the Content stylize on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Zoetrope, we can stop providing all or part of the Services to you.

General Conditions

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Services your photos, videos, comments, likes, friendships, and all other data will no longer be accessible to us. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. We reserve the right to refuse access to the Services to anyone for any reason at any time. There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third part web sites or features in images or comments within the Services. The Services also includes third part content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third part web site or feature, including applications that connect the Services or your profile on the Services with a third part web site or feature. For example, the Service may include a feature that enables you to share Content from the Services or your Content with a third part, which may be publicly posted on that third parts service or application. Using this functionality typically requires you to login to your account on the third part service and you do so at your own risk. Zoetrope does not control any of these third part web services or any of their content. You expressly acknowledge and agree that Zoetrope is in no way responsible or liable for any such third part services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PART. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third part service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) your use of an Application is at your own option and risk, and you will hold the Zoetrope Parties (defined below) harmless for activity related to the Application. You agree that you are responsible for all data charges you incur through use of the Service. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Zoetrope’s express consent).

Rights

Zoetrope does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to Zoetrope a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you made on through our Services, subject to the Service’s Privacy Policy, including but not limited to sections “Sharing of Your Information” and “How We Store Your Information”. Some of the Services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Zoetrope may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You represent and warrant that: (i) you own the Content stylized by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you made on or through the Services; and (iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. The Services contains content owned or licensed by Zoetrope (“Content”). Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Zoetrope, Zoetrope owns and retains all rights in the Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content. The Zoetrope name and logo are trademarks of Zoetrope, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zoetrope, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Zoetrope, and may not be copied, imitated or used, in whole or in part, without prior written permission from Zoetrope. Although it is Zoetrope’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Zoetrope reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Service may continue to be stored by Zoetrope, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Zoetrope encourages you to maintain your own backup of your Content. In other words, Zoetrope is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. Zoetrope will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Except as otherwise described in the Services Privacy Policy, as between you and Zoetrope, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ZOETROPE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZOETROPE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ZOETROPE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE ZOETROPE CONTENT; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ZOETROPE OR VIA THE SERVICE. IN ADDITION, THE ZOETROPE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE ZOETROPE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ZOETROPE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ZOETROPE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ZOETROPE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE ZOETROPE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. Limitation of Liability; Waiver UNDER NO CIRCUMSTANCES WILL THE ZOETROPE PARTIES BE LIABLE TO YOU 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) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE ZOETROPE CONTENT; © USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ZOETROPE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ZOETROPE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ZOETROPE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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 NO EVENT WILL THE ZOETROPE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR 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 ZOETROPE’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 THE ZOETROPE PARTIES, 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 THE ZOETROPE PARTIES. 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.” ZOETROPE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, 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 (and also any third party for whom you operate an account or activity on the Service) agree to defend (at ZOETROPE’s request), indemnify and hold the ZOETROPE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by ZOETROPE in the defense of any claim. ZOETROPE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ZOETROPE. Arbitration Except if you opt-out or for disputes relating to: (1) your or ZOETROPE’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and ZOETROPE (whether or not such dispute involves a third party) with regard to your relationship with ZOETROPE, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and ZOETROPE hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor ZOETROPE will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ZOETROPE is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ZOETROPE or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You may opt out of this agreement to arbitrate. If you do so, neither you nor ZOETROPE can require the other to participate in an arbitration proceeding. To opt out, you must notify ZOETROPE in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: STRONGROOM SIA ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025 You must include your name and residence address, the email address you use for your Zoetrope account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Zoetrope. Time Limitation on Claims You agree that any claim you may have arising out of or related to your relationship with Zoetrope must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Governing Law & Venue These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Zoetrope exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes. 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. Zoetrope’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Zoetrope reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Zoetrope.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Zoetrope and governs your use of the Service, superseding any prior agreements between you and Zoetrope. You will not assign the 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 Zoetrope. Any purported assignment or delegation by you without the appropriate prior written consent of Zoetrope will be null and void. Zoetrope may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third part beneficiary rights.

Territorial Restrictions

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 Zoetrope 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 Zoetrope provides. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these Terms of Use is January 23, 2017. 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.