effective April 1, 2014
We invite users and visitors to Lytro.com.
You must be at least 13 years old to post comments on Lytro.com and to give us your email address or any other personally identifiable information about you. If you are under 13, please do not give us any information about yourself, including your name, address, or email address. If we discover that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.
OUR LIGHT FIELD PICTURE PLAYER
Our light field picture player and other software included with the Lytro camera and Lytro desktop application are subject to the Lytro, Inc. Software License Agreement.
Lytro.com contains both Lytro content and user content. The content on Lytro.com and any authorized copies are licensed, not sold. Such content is protected by copyright laws and, if applicable, by international treaties.
- View the Lytro content on Lytro.com;
- Utilize the light field functionality of Lytro content by using our light field picture player or another player approved by us. You may create modifications or derivative works and print Lytro content for your personal use. Modifications, derivative works and printing for non-personal use (for example, commercial or political) require our explicit prior consent.
- Copy, transmit, distribute, upload, embed, or display Lytro content, provided that if you do so for non-personal purposes (for example, commercial or political) you must preserve and include all copyright, trademark, service mark, attribution, and other proprietary rights notices displayed on or with such Lytro content.
- You may never do any of the things allowed by this license if your act, as determined by us: (1) is otherwise unlawful or in violation of any court or administrative order; (2) is harmful to anyone else; or (3) suggests we promote or endorse your, or any third party's, causes, ideas, websites, products, or services.
The Lytro content and any authorized copies are the intellectual property of Lytro and its licensors. The Lytro content and all of its copies are licensed, not sold. The Lytro content is protected by applicable law, including United States and foreign copyright laws and international treaties.
User content is the content posted on Lytro.com by our users and visitors. It includes users’ living pictures, users’ and visitors’ comments to living pictures and to other content on Lytro.com, and any other materials posted by users or visitors on Lytro.com. Users may upload living pictures on Lytro.com as “public” or “unlisted.” Public pictures can be viewed and shared by all Lytro.com visitors and users and are searchable on Lytro.com and by third-party search engines such as Google. Unlisted pictures can be viewed and shared by the user who uploaded them and by others who know the link to the pictures. The recipients of a link from the user can further forward it or publicly post it. Anyone who knows the link is able to access the unlisted pictures on Lytro.com and can further “like” or share them on third-party sites such as Facebook. Unlisted pictures exposed in this way may show up in search indices and become easily discoverable by people who do not have the link to them. As such, the privacy of unlisted pictures is not in our control, and users should take reasonable precautions with posting and sharing their pictures.
We do not claim ownership of your living pictures; they are yours. To enable us to operate Lytro.com and provide its services and functionality, with respect to content that you submit to Lytro.com you grant us a non-exclusive, fully-paid, royalty-free, worldwide, sublicensable and transferable license to:
- Copy, store, display, and distribute such content;
- Utilize the light field functionality of such content by using our light field picture player or another player approved by us;
- To the extent this functionality is enabled by you, share such content on other websites and applications, including our social channels such as Facebook and Twitter;
- Display the Lytro trademark with such content; and
- Display and feature in public areas of Lytro.com, at our discretion, certain of your public living pictures selected by us.
With respect to user content on Lytro.com that has not been uploaded by you, we grant you the following non-exclusive, fully-paid, royalty-free, worldwide, revocable, personal license to:
- View such content;
- Utilize the light field functionality of such content, but only by using our light field picture player on Lytro.com or another player approved by us; and
- To the extent this functionality is enabled by the account owner, share such content on other websites and applications.
- If you would like to otherwise use any users’ living pictures posted on Lytro.com, please contact the user directly to obtain their consent. See also “Conduct” below, which prohibits commercial use of Lytro.com without our permission.
If your jurisdiction recognizes “moral rights” in copyright works, you agree to waive (or, if waiver is not possible, not assert) such moral rights against us and Lytro.com users and visitors with respect to conduct authorized by the licenses above.
We reserve the right to refuse to post or to remove or delete any user content on Lytro.com, at our discretion and with or without notice. When you delete your living pictures from Lytro.com, we will remove them from your account view and other public areas on Lytro.com as soon as possible, and in any event within 48 hours unless there are unforeseen circumstances. Residual copies may remain on our servers for up to 90 days. After such period, we may retain copies only if there is a pending legal issue with such content or if we are otherwise required by law, regulation, or legal process.
You represent and warrant that: (1) you own the content that you post on Lytro.com or otherwise have the right to post it on Lytro.com and grant the above licenses with respect to such content; (2) your posting of any content on Lytro.com does not violate any law, regulation, court or administrative order, or the rights of any third party; and (3) your posting of any content on Lytro.com does not breach any contract between you and a third party.
We provide a venue where our users and visitors can display, enjoy, and share living pictures. However, we are not a storage or backup service and do not guarantee uninterrupted service or that user content will remain on Lytro.com (see “Termination” and “Disclaimer” below). We recommend that you make backup copies of your content on a regular basis. We reserve the right to impose, from time to time, limitations on users’ accounts such as, for example, number of accounts per user, amount of free storage, or limitations on the number of pictures in your account.
We provide Lytro.com for our users’ and visitors’ personal use. Any non-personal use (for example, commercial or political) requires our prior consent, which we may condition or withhold at our discretion.
- Accessing, tampering with, or using other users’ accounts or any non-public areas of Lytro.com, Lytro’s computer systems, or the technical delivery systems of Lytro’s providers;
- Unauthorized monitoring of data or traffic on Lytro.com, Lytro’s computer systems, or the technical delivery systems of Lytro’s providers;
- Probing, scanning, or testing the vulnerability of any Lytro system or network, or breaching any security or authentication measures;
- Circumventing any technological measure that protects Lytro.com;
- Removing any Lytro digital or software identifying tags, whether embedded or otherwise or whether visible or hidden;
- Attempting to access or search Lytro.com, or downloading content from Lytro.com through any means other than the software provided by Lytro or other generally available third party web browsers (for example, Microsoft Internet Explorer, Mozilla Firefox, or Safari) or public search engines (for example, Google);
- Sending or posting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Using any meta tags or other hidden text or metadata utilizing a Lytro trademark, logo, URL, or product name without our prior consent;
- Forging any TCP/IP packet header or any part of the header information in any email, or in any way using Lytro.com or Lytro’s systems to send altered, deceptive, or false source-identifying information;
- Attempting to decipher, decompile, disassemble, or reverse engineer (except as permitted by law) any of the software used to provide Lytro.com and its content and services;
- Interfering with the access of any user, host, or network, including, without limitation, sending a virus, or overloading, flooding, spamming, or mail-bombing Lytro.com;
- Collecting, using or storing any personally identifiable information from Lytro.com users or visitors without their express informed consent;
- Impersonating or misrepresenting your affiliation with others;
- Encouraging or enabling others to do any of the foregoing.
INTELLECTUAL PROPERTY POLICY
We respect the intellectual property rights of others and expect you to do the same. If you believe that a third party infringes your copyright or other intellectual property rights on Lytro.com, please provide us with a notice containing the following:
- A physical or electronic signature of the owner of the infringed right or of another person authorized to act on the owner’s behalf;
- Identification of the copyrighted work or other intellectual property that you believe has been infringed; if multiple copyrighted works are covered by a single notice, a representative list of such works;
- A description of where the allegedly infringing material is located on Lytro.com;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can reach our designated agent for receipt of such notices as follows:
1300 Terra Bella Avenue
Mountain View, CA 94043, USA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Lytro.com may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources or for their content, privacy policies, products, or services. Links to such websites or resources do not imply any endorsement by us.
You may include links from your website to Lytro.com, so long as you (1) do not portray Lytro and our products and services in a false, misleading, or derogatory way and (2) do not suggest that we promote or endorse your, or any third party's, causes, ideas, web sites, products, or services.
Lytro.com, our social media pages, and our email addresses may allow you to post or submit feedback, ideas, comments, and suggestions (collectively, “contributions”). Your submission of contributions to us is voluntary; your contributions are subject to the following terms: (1) you warrant that your contributions do not violate any confidentiality obligations that you may have to third parties and that they do not contain proprietary rights of third parties; (2) your contributions become the property of Lytro, and by posting them on Lytro.com you assign to Lytro all your rights in and to them and waive any “moral rights” with respect to them; (3) Lytro is free to disclose and use (or refuse to disclose or use) any contributions at its sole discretion; and (4) you are not entitled to any compensation or reimbursement of any kind under any circumstances. If you do not agree to these terms, please do not submit any contributions to us.
THE CONSUMER LAWS OF SOME COUNTRIES PROHIBIT THE EXCLUSION AND/OR LIMITATION OF WARRANTIES AND LIABILITY. THIS SECTION IS NOT INTENDED TO LIMIT YOUR CONSUMER RIGHTS UNDER THESE LAWS AND, WHERE PROHIBITED, IT WILL NOT APPLY TO YOU. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY.
TO THE FULLEST EXTENT PERMITTED BY LAW, LYTRO.COM, ITS CONTENT AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY, CONDITION, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY TERMS, WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED, ERROR FREE OR CONTINUOUS ACCESS AND SERVICE, OR NON-INFRINGEMENT, AND ANY TERMS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS ARISING OUT OF OR IN THE COURSE OF DEALING OR USAGE OF TRADE. ANY CONTENT ON OR OBTAINED THROUGH LYTRO.COM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR WEBSITE OR LYTRO CONTENT, WILL CREATE ANY TERM, WARRANTY, CONDITION, GUARANTEE, REPRESENTATION OR UNDERTAKING. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO TO THAT EXTENT, THIS DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PEMITTED BY LAW, LYTRO, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (OR FOR ANY LOSS OF: USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (3) COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR RELIANCE UPON LYTRO.COM, THE LYTRO WEBSTORE, OR ANY PRODUCTS, SERVICES, CONTENT, MATERIALS OR INFORMATION DIRECTLY OR INDIRECTLY PURCHASED FROM OR PROVIDED BY LYTRO, WHETHER SUCH LIABILITY ARISES UNDER ANY INDEMNITY, WARRANTY, GUARANTEE OR FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF LYTRO HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LYTRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO LYTRO FOR THE PRODUCT OR SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
See the Lytro, Inc. Software License Agreement for the limitations of liability applicable to the software on and for the Lytro camera.
You agree to comply fully with all applicable import, export and encryption laws including, U.S. import and export laws and regulations to ensure that the Lytro technology available on or through Lytro.com is not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
PROPRIETARY RIGHTS NOTICES
Lytro, the Lytro logo, the look and feel of Lytro.com, and all trademarks, service marks, logos, trade names, slogans, and any other proprietary designations of Lytro and its products and services used on Lytro.com are trademarks of Lytro. All other marks are the property of their respective owners.
CONTROLLING LAW AND JURISDICTION
Lytro, Inc. is a corporation organized under the laws of the State of Delaware, USA, corporate number 4128437. Our headquarters are at 1300 Terra Bella Avenue, Suite 100, Mountain View, California 94043, USA.
© Lytro, Inc. 2011-2014