TERMS AND CONDITIONS


Last updated: October 20, 2018

BY USING THIS APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THIS APPLICATION, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THIS APPLICATION. ANY CONTINUED USE OF THIS APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS APPLICATION.

This document governs your use of the software application CamerLender ('Application'/'App') and Services ('App Services') developed and being operated by the software owners ('CamerLender'/'owners'/'we'/'us').
The Application provides you ('user'/'you') a software Service to order photos and/or videos ('media') captured for you by other App users at particular geographical locations, time and other conditions which you request. The Application is available for download at Google Play App Store and we recommend all users to obtain the App only from that official distribution center and we carry no any responsibility for App copies distributed via any other software centers.

1. Intellectual Property Rights

The Application, its original functionality principles, the way of implementation of the business ideas, the design of both front-end and back-end components, its source code, features, associated graphics and all other resources available in the Internet under the App and Domain names 'CamerLender' are owned by the software owners and operators and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree not to attempt to reverse engineer, translate, create derivative works from, or obtain source code for the Application in anyway unless given permission in writing by us. If you believe that your intellectual property rights have been infringed upon by us, please contact us at contacts@CamerLender.io

2. Media Content

If a media was requested with the public flag ON ('Yes'/'Public media'), then both a user who captured the media and a user who requested the media have rights to posses, store, share and anyhow use their own copy of the media captured in a Task.
If a media was requested with the public flag OFF ('NO', 'Private media'), then only the media requester (Task owner) has exclusive rights to posses, store, share and anyhow use that media, including selling the media and his/her rights to other parties, while a user who captured the media agrees to not posses, store, share or anyhow use that media. Owners and operators of the CamerLender App/Service have all rights to store, anyhow use, analyze and possibly pass to third parties all and any of the public media.
Users who own media marked as private agree to share with the App/Service owners their rights to possess, store, and anonymously analyse the media, including possible access for legal inquiries on demand of authorized state services.
Users received a media on their request assume the primary responsibility to store and backup their media on their mobile and other devices, while CamerLender has limited responsibility to store the media after delivery, including the right to delete any delivered media at any time.

3. (Im)proper use of the App

The Application is a tool, while the users of the Application are responsible to use it properly, within the reasonable common sense and fully and only under the legal limitations. Application users should not demand a media to be captured for them in any locations which might be dangerous for the other App users to arrive to and to film there. Application users which reserve particular Task and commit to capture media at particular location agree to take full and any legal responsibility to estimate possible risks of arriving at the requested location at the time moments requested in the Task, and risks of capturing photo and/or video (any 'media') at the given location and under given condition.
Any use of the App and the Service for purposes different than obtaining a media, for example, a purpose to attract some people to a desired location for any personal non-virtual and non-remote actions, are considered as mis-use of the App/Service and may be in some cases illegal. All users of this App/Service agree to avoid all such and other possible mis-use of this App/Service and agree to take full and sole responsibility on any risks associated with the physical arrival to locations requested in the media capturing Tasks.
Users who requested, captured and/or shared a media agree to take full responsibility on the media content, to ensure that the media does NOT contain any improper, offensive or any other illegal images. CamerLender owners and operators have right but not obligation to immediately block, restrict and/or delete any media, both private and public, which may contain images of any improper, offensive and any other illegal nature.

4. Use of Google Maps

Users of this App/Service understand and agree that primary goal of using the Google Maps in this Application is to indicate the location of a desired media, and should not be used for navigate, position location, reference, etc. Other dedicated software should be used for navigation purposes. Users understand and agree that use of the Google Maps is subject of corresponding license and payments fees, which are defined and controlled by Google, so CamerLender does not carry out responsibilities on any service interruptions caused by Google Maps.

5. Service Payments

The App is distributed via the official App Store as free of payment per download and installation. You may use some limited App functionalities for free. The nature of the crowd-sourcing technology includes a motivation part for some of the users. To implement such motivation function, the service of ordering and delivery of media uses remuneration by own Application's virtual credits ('virtual points', 'credits'). Such 'credits' are either issued free of charge for the limited number of initial users, or may be purchased via the Google Billing Service as in-app products.
By purchasing some amount of 'virtual points' users get right and means to motivate other users to server media requests for them. When a user creates a new media request (Task), he/she spends some amount of 'virtual points' obtained previously. Real media delivery is not anyhow guaranteed by purchasing 'virtual points' or by creating a Task and by spending 'credits' for Task creation. The real media delivery depends on other users (Workers) who may or may not commit to particular Task and capture / upload media to it. 'Virtual points' spent on creation of Tasks which expired at their Due Date parameter will be refunded back to user virtual account at CamerLender App in case if no any Worker uploaded any media to the expired request.
The App does not collect, store and use anyhow explicitly your credit card or other financial data. The payment mechanism is provided entirely by the Google Billing Service. Any possible refund requests under the Google Billing Service Agreement should be addressed only and directly to the Google Billing Service and not to the App owners and operators once the Google Billing Service has processed an in-app product consumption request from the CamerLender App.
The current App version does NOT provide any withdrawal ('withdraw'/'cash out'/'pay out') functionality, while it is being considered for possible enhancement of the Service functionality for better motivation of the Service users. Corresponding paragraph will be added to this legal Agreement upon the possible implementation of such a withdrawal functionalities in the future App/Service versions.

6. Termination

We keep our right to terminate your access to the application usually due to any suspicious activities or misuse from your side, but without any formal cause and without any explicit notice, which may result in the forfeiture and destruction of your user account and profile data and license information.
If your access is terminated while you own any non-zero amount of virtual credits under your CamerLender account, we keep our right to not refund you.
We usually will tend, but are not formally obliged to kept archived your account and profile data during some reasonable period of time for possible further inquires and if applicable, account recovery. All provisions of this Agreement that, by their nature, should survive termination shall survive termination.

7. Use of Internet

CamerLender directly communicates with its own back-end servers and other third party servers for the purpose of user authentication, store of user profile and media data, and payments via the Google Billing Service.
You understand and accept that the Application may use your cellular network's data if Wi-Fi is not available and that this may incur fees from your cellular network provider. We are not responsible for the incursion or payment of these fees.

8. Data Privacy

Our Privacy Policy covers the terms of our data collection and retention and your privacy. The Privacy Policy is accessible at our web site CamerLender.io

9. Application Correctness

CamerLender is a complicated software and is susceptible to bugs and other imperfections. We make no promises that it will fix or attempt to fix any bugs or other imperfections. You may send bug and crash reports to contacts@CamerLender.io

10. Indemnity

You agree to hold harmless the owners, software developers and service operators of CamerLender, its affiliates, and their respective officers and employees from any and all legal proceedings and any and all losses, liabilities, damages, and expenses incurred from your use of the Application, including downloading, installing, un-installing, and using the application, or your violation of this Agreement.

11. DISCLAIMER OF WARRANTIES

WE PROVIDE THIS APPLICATION AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. CAMERLENDER DOES NOT MAKE ANY PROMISES ABOUT THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ITS CONTENT, FUNCTIONS, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK. THIS APPLICATION IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. EXERCISE EXTREME CAUTION WHEN USING THE APPLICATION WHILE OPERATING ANY VEHICLE OR MACHINERY. ANY ON-SCREEN CONTENT PROVIDED BY THE APPLICATION IS NOT INTENDED FOR USE WHILE OPERATING ANY OF THE ABOVE.

12. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CAMERLENDER AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, LIABILITY, INJURY, OR DEATH THAT MAY OCCUR DURING OR BECAUSE OF YOUR USE OF THE APPLICATION, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY HAS BEEN MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH OCCURRING.

13. Choice of Forum

This Agreement shall be governed in all respects by the laws of Spain and any dispute not settled by private negotiation or by mediation shall be finally resolved by a court located in Spain.

14. Notification of Changes

We reserve the right to change these terms from time to time as it sees fit and your continued use of the Application will constitute your acceptance of any adjustment to these terms. If there are changes to either these terms or the Privacy Policy you will receive the updated text within a new version of this Application upgraded via the Google App Store.

15. Miscellaneous

a. These Terms of Use constitute the entire Agreement between you and CamerLender relating to and governing your use of the Application and Services, and completely replace any prior agreements between you and us relating to the Application.

b. The failure of CamerLender to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such. All rights and provisions will still be available to the Company at any time.

c. If any court of law, having the jurisdiction to do so, rules that any part of these Terms of Use is invalid, it will be removed from the Terms of Use without affecting the rest of the Agreement. The remaining parts will continue to be valid and enforceable.