Endbox Terms of Use

Welcome to endbox (“endbox”, the “Company”, “us”, “we”, “our”) brought to you by Kaldtech LLC. We are a company located in Los Angeles California and organized under California law. We provide a mobile application, endbox (the “Application”), and related services that connect Photographers with users requiring on-demand photography services and equipment rental with an online booking, payment, and matching marketplace (collectively, the “Service”, or “Services”). Thanks for thinking of us for your next photography project.

This is a binding agreement. These Terms of Service set out important information applicable to our relationship so please read them carefully before using the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST endbox ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. GOVERNMENT ENTITIES MAY SIGN AN AGREEMENT TO REJECT THE ARBITRATION CLAUSE.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Terms of Use, available at /legal/terms-of-use, our Privacy Policy, available at /legal/privacy-policy, and our Copyright DMCA Policy, available at /legal/copyright-dmca-policy. All such terms are hereby incorporated by reference into these Terms of Service.

THE APPLICATION INCLUDES AN ONLINE MARKETPLACE THROUGH WHICH PHOTOGRAPHERS (DEFINED BELOW) MAY OFFER PHOTOGRAPHY SERVICES (DEFINED BELOW) AND SUBJECTS (DEFINED BELOW) MAY BOOK SUCH PHOTOGRAPHY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (1) endbox IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PHOTOGRAPHERS AND SUBJECTS, (2) endbox ONLY PROVIDES MATCHING AND PAYMENT PROCESSING SERVICES, (3) SUBJECTS CONTRACT FOR PHOTOGRAPHY SERVICES DIRECTLY WITH PHOTOGRAPHERS (4) endbox IS NOT A BROKER, AGENT (EXCEPT AS EXPRESSLY SET FORTH BELOW) OR INSURER, AND (5) endbox HAS NO CONTROL OVER THE CONDUCT OF PHOTOGRAPHERS, SUBJECTS, OR ANY OTHER USERS OF THE APPLICATION OR PHOTOGRAPHY SERVICES, AND endbox DISCLAIMS ALL LIABILITY IN THIS REGARD. DIFFERENT SECTIONS OF THE APPLICATION AND TERMS OF SERVICE AFFECT PHOTOGRAPHERS AND SUBJECTS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS CAREFULLY.

Please note, some terms in these Terms of Service only apply to Subjects and some only to Photographers. If the paragraph or term does not state that it is applicable only to a category of user, then the terms are intended to apply to both Subjects and Photographers.

KEY TERMS

“Applicable Laws” means all relevant laws, statutes, rules, regulations, guidelines, directives, and codes.

“Confidential Information” means any information, however recorded or communicated, disclosed between Subjects and Photographers over the Service that would be regarded as confidential by a reasonable person, including without limitation, (a) the terms of any Photography Service Contract; (b) Subject materials; (c) contributions; and (d) personal data as defied by data protection legislation.

“Intellectual Property Rights” means any patents, registered and unregistered trade-marks and service marks, domain names, registered designs and design rights, copyright, including such rights in computer software and databases, database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs;

“Photographer” means a photographer who can provide the photography services sought and who is accepted by endbox on the Application.

“Photography Equipment” means photography-related equipment leased by a Photographer and rented by Subject.

“Photography Services” means photography-related services provided by Photographers.

“Project” means a particular photography project or set of tasks for which a Subject requires the Photography Services of a Photographer.

“User” “you” or “your” means a person, organization or entity using the Services, including Subjects and Photographers.

“Photography Service Contract” means the contract between a Subject and Photographer pursuant to which Photography Services are provided by a Photographer to a Subject for a Service Fee.

“Subject” means a person who completes endbox’s account registration process to book a Photographer in relation to a Project.

CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction Section, however, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application. Your continued use of the Application following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

ACCESSING AND USING OUR SERVICE

Our Service enables Subjects to do the following:

• create accounts to browse our catalog of Photographers and their accounts;

• message and communicate with Photographers and inquire about their Photography Services for Projects;

• share files, create and share to-do lists and calendars;

• enter into a Photography Service Contract with Photographers for a Project;

• lease photography equipment from Photographers;

• leave reviews and ratings of Photographers;

• manage payments to Photographers for Photography Services performed pursuant to a Photography Service Contract; and

• upload, write, edit, format, store, download and develop and share for collaboration with Photographers, content using our Service.

Our Service enables Photographers to do the following:

• create profiles to advertise and promote Photography Services to Subjects;

• message and communicate with Subjects about the provision of Photography Services in relation to Projects;

• enter into a Photography Service Contract with Subjects;

• collaborate with Subjects on Projects pursuant to a Photography Service Contract; and

• receive payment from Subjects for Photography Services performed pursuant to Photography Service Contract.

SERVICES

As mentioned above, endbox’s Service provides, among other things, a marketplace with related technology for Subjects and Photographers to arrange for the matching of a Subject with a Photographer and booking of Photography Services. endbox, itself, does not provide any photography-related services. endbox’s responsibilities are limited to the following: (i) facilitating the availability of the Application, and (ii) serving as the limited agent of each Photographer for the purpose of accepting payments from a Subject on behalf of the Photographer. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not endbox. endbox does not control the behavior of Users or the quality of the Photography Services. As a result, endbox does not guarantee or endorse the authenticity, quality, safety, or legality of the Photography Services.

REGISTRATION

You may view content on the Application without registering, but as a condition of using certain aspects and features of the Application, you may be required to register with endbox and select a screen name and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall not use another User account without the other User’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breaches.

Registration data and certain other information about you are governed by our Privacy Policy.

You promise that you are an adult and you will comply with our rules for interacting with minors. When you accept these Terms of Service, you represent and agree that you are an adult and are not a minor. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify endbox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. endbox will not be liable for any loss or damage arising from your failure to comply with this Section.

SERVICE MODIFICATIONS

endbox reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that endbox will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

USE AND STORAGE

You acknowledge that endbox may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MOBILE SERVICES

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Application from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding endbox and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your endbox account information to ensure that your messages are not sent to the person that acquires your old number.

MATCHING

endbox endeavors to match a Subject with the most suitable Photographer(s) based on information provided by the Subject. A number of Photographers may be presented as options to a Subject as part of the matching process, in which case it is the Subject’s responsibility to make the final choice as to which Photographer provides Photography Services. A Subject will be able to book the Photography Services though the Application (“Booking”). However, even when a Photographer is matched with or chosen by a Subject for a Booking, endbox reserves the right to change which Photographer actually provides the Photography Services for a particular Booking, in its sole discretion. endbox will endeavor to notify the Subject of any such changes in advance.

PHOTOGRAPHER TERMS

Each Photographer is required to submit a Photographer Application that must be approved before a Photographer may perform Services through the Application.

CONFIDENTIALITY

Photographer agrees that certain confidential information (including, without limitation, photography guides, information packages, computer programs, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, customer and product development plans, forecasts, strategies and information) that Photographer learns or obtains in connection with the Services, constitute “Proprietary Information.” Photographer will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. Photographer will prevent unauthorized access to or disclosure of the Proprietary Information using at least the same degree of care as Photographer uses to protect its own most sensitive proprietary information (which will not be less than a reasonable degree of care). However, Photographer shall not be obligated under this paragraph with respect to information Photographer can document is or becomes readily publicly available without restriction through no fault of Developer. Upon termination and as otherwise requested by endbox, Photographer will promptly return to endbox all items and copies containing or embodying Proprietary Information.

NO OFF-PLATFORM ACTIVITY

As Photographer, you may not induce Subjects to receive services similar to the Photographer Services off the Application. You acknowledge and agree that a substantial portion of the compensation endbox receives for making the Application available to you is collected through the endbox Fee described in Payment Terms. endbox only receives this Fee when a Subject and a Photographer pay and receive payment through the Application. Therefore, for 12 months from the time you identify or are identified by any party through the Application (the “Non-Circumvention Period”), you must use the Application as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party.

If you breach this obligation with respect to each Subject-Photographer relationship during the Non-Circumvention Period, you agree that the one or both of the Subject or Photographer shall pay endbox for each such off-platform relationship by paying an “Off-Platform Activity Penalty” totaling $5,000 USD per off-platform relationship. To pay the Off-Platform Activity Penalty, you must request instructions by contacting endbox using the contact details below.

Except if you pay the Off-Platform Activity Penalty, you agree not to circumvent the Payment Terms offered by the Application.

BACKGROUND CHECKS

Before a Photographer may perform Services through endbox, the Photographer is required to consent to a background check to screen for criminal history that may present a safety risk to endbox or Subjects. Photographer accounts will not be eligible for activation if the background check reveals any criminal or other history that may present a safety risk to Service Providers, including, without limitation, violent crimes, felonies, drug-related offenses, sexual offenses, theft or property damage offenses. endbox reserves the right to disqualify or refuse service to any Photographer for any reason, unless prohibited by law.

By agreeing to these Terms of Service as a Photographer, I hereby consent to the preparation of background reports regarding me by a third-party and the release of such reports to endbox and its designated representatives, to assist endbox in determining my eligibility to use the Services and at any time to assist endbox to evaluate my continued compliance with these Terms of Service. To this end, I hereby authorize, without reservation, any state or federal law enforcement agency or court, educational institution, motor vehicle record agency, credit bureau or other information service bureau or data repository, or employer to furnish any and all information regarding me to endbox and/or its agents, and authorize endbox’s agents to provide such information to endbox.

The report may include, but is not limited to, criminal and other public records and history; public court records; motor vehicle and driving records; professional disciplinary actions; drug/alcohol test results; and address history, subject to any limitations imposed by applicable federal and state law. This information may be obtained from public record and private sources, including credit bureaus, government agencies and judicial records, and other sources.

The report will be obtained in compliance with the Fair Credit Reporting Act. A summary of rights under the Fair Credit Reporting Act may be found on the Consumer Financial Protection Bureau website at http://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf

OTHER PHOTOGRAPHER OBLIGATIONS

As a Photographer, you must provide endbox with any information requested in order for endbox to match you to a Subject, such as information on your background, experience and skills, sample photos taken by you, contact details and your headshot. You must also provide endbox with up to date, complete and accurate information regarding the days and times you are available to complete Bookings and must ensure that this information remains accurate and current at all times. Once you are matched with a Subject you have the right to turn down the job, but endbox has sole discretion to determine if such refusal will harm your ability to be matched in the future. endbox may also request that you submit a portfolio of previous works. endbox has sole discretion as to which photographers are accepted into the marketplace and we reserve the right to reject any potential Photographer and remove any Photographer from the marketplace for any reason. endbox may, but is not required to, conduct background checks on Photographers.

EACH PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PHOTOGRAPHY SERVICES OR OTHER PHOTOGRAPHER-PROVIDED SERVICES AND endbox ASSUMES NO RESPONSIBILITY FOR A PHOTOGRAPHER’S FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.

Nothing in this Agreement will in any way be construed to constitute Photographer as an agent, employee or representative of endbox, but Photographer will perform the Services hereunder as an independent contractor. Photographer acknowledges and agrees that Photographer is obligated to report as income all compensation received by Photographer pursuant to this Agreement, and Photographer agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon and that he will not be eligible for any employee benefits (nor does he desire any of them) and expressly waives any entitlement to such benefits. Photographer acknowledges and agrees that he will use his own discretion in performing the tasks assigned, within the scope of work specified by the Company.

You understand and agree that endbox is neither an insurer nor a contracting agent or employer for you as a Photographer. If a Subject purchases any of your Photography Services, any agreement you enter into with such Subject is between you and the Subject and endbox is not a party thereto. Notwithstanding the foregoing, endbox serves as your limited authorized agent for the purpose of accepting payments from Subjects on your behalf and endbox is responsible for transmitting your portion such payments to you. You acknowledge and agree that, as a Photographer, you are responsible for your own acts and omissions. Each Photographer understands the fact that endbox does not offer any medical coverage for bodily harm or injury that may result from providing the Photography Services. endbox will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accommodations.

endbox will have the sole discretion to issue a monetary penalty to Photographer if Photographer cancels a shoot with a Subject without reasonable notice, does not show up for a scheduled shoot with a Subject, or otherwise fails to perform obligations through no fault of endbox or Subject.

PAYMENT TERMS

GENERAL

Each Subject agrees to pay all applicable fees for Photography Services and fees for any digital downloads or prints purchased either through a package or after the completion of the Photography Services (“Purchased Prints”) as set forth on the Application (collectively, “Photographer Fees”). All Photographer Fees are payable in the currency specified on the Application at the time of Booking. If a Subject requests amended Photography Services, including but not limited to changes to the time, location or type of Photography Services provided (“Variation”), a change fee may be charged. All change fees are payable before any Variations will be accepted and performed.

endbox may also charge fees to Subjects for use of the Services (the “Service Fee”). The Service Fee is equivalent to 20% of the Photographer Fees. endbox reserves the right to change the Service Fee at any time, and will provide Subjects with notice of any change to the Service Fee before such change takes effect by updating the Terms of Service. Changes to the Service Fee will not affect any Booking made prior to the effective date of the fee change.

All sales are final. Unless otherwise provided, all purchases and redemptions are final and nonrefundable. Subject shall not have the right to cancel its purchase for any reason. We may, at our sole discretion, issue refunds, such as for duplicate purchases. Our decision to issue a refund for a particular customer does not obligate us to reverse redemptions to any other customer or for any other product. If we cancel or suspend your account, your right to acquire and use products stops immediately. We can only issue refunds for purchases made directly from our Application. Direct all other refund requests to the site from which you made the purchase.

If you make a payment by credit card or other payment instrument, you represent and warrant to Company that such information is true and that you are authorized to use such payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified on the Application for Photographer Fees and in accordance with the terms of such fees and purchases and this Terms of Service.

You pay all applicable charges. Prices exclude taxes and currency exchange settlements unless stated otherwise. You are responsible for paying taxes or other charges. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. If your account is canceled, you are obligated to pay all charges made to your account before the cancellation was effective. Failure to provide valid payment may result in you being banned. Being banned does not absolve you of responsibility for amounts in arrears.

We provide electronic receipts, invoices, and statements in USD. All monetary amounts are denominated in US dollars (USD) and we expect payment in USD funds. We provide you with electronic receipts, invoices, and statements. You will receive email receipts from the payment processor you selected. You can find a record of your purchases in your account. These are the only receipts, invoices, and statements we provide.

You have one-hundred and eighty (180) days to inform us about a mistake. It is your responsibility to print or save copies for your records. If we make an error on a receipt, you must report the mistake to us within 180 days after the error appeared. If you do not inform us within 180 days, you agree that you release us from all claims of liability and loss resulting from the error and that we will not be required to correct the error or provide a refund.

PHOTOGRAPHER PAYMENT

Each Photograph agrees to pay all applicable fees for referring the Subject(s) to the Photographer. endbox charges fees to Photographers for referring the Subject(s) to the Photographer (the “endbox Referral Fee”). The endbox Referral Fee is equivalent to 20% of the Photographer Fees. So, for example, if the Photographer charges $100 to a Subject for Photography Services, endbox will take 20% of the Photographer’s $100 Fee, meaning the Photographer ultimately gets paid $80 and endbox takes $20 as the endbox Referral Fee.

endbox reserves the right to change the endbox Referral Fee at any time, and will provide Photographers with notice of any change to the endbox Referral Fee before such change takes effect by updating the Terms of Service. Changes to the endbox Referral Fee will not affect any Booking made prior to the effective date of the fee change.

Photographer acknowledges and agrees that endbox uses PayPal, a third-party payment processor, to process and distribute payments. Photographer acknowledges that Photographer must have a valid PayPal account for endbox to process payment to Photographer. endbox will facilitate payment to a Photographer’s nominated PayPal account the total Photographer Fees accrued for the Photography Services provided to a Subject by such Photographer for a Photography Project, less the 20% endbox Referral Fee payable to endbox for referring the Subject(s) to such Photographer as set forth in terms provided to Photographers at the time of their onboarding. Photographer further acknowledges and agrees that endbox does not have any control over delays in payment caused by PayPal and that endbox is not liable for any delay in payment caused by PayPal’s payment processing service. endbox has sole discretion to act on behalf of the Subject, and to not pay Photographer Fees, if the Subject reports that the Photography Services were not provided or adequately completed. This may include but is not limited to circumstances where a Photographer did not arrive for a Booking or photos were of insufficient quality for use. endbox will independently review such cases, seeking input from the Subject and/or the Photographer in its sole discretion, and may decide at its sole discretion to issue a refund to the Subject.

LIMITED PAYMENT COLLECTIONS AGENT

Each Photographer appoints endbox as the Photographer’s limited payment collection agent solely for the purpose of accepting the Photographer Fees from the Subject. Each User agrees that payment of Photographer Fees in respect of a Photographer by a Subject to endbox, as that Photographer’s limited payment collection agent, shall be considered the same as a payment made directly by that Subject to the relevant Photographer and the Photographer will provide the relevant Photographer Services to the Subject, as outlined on the Application, as if the Photographer had received payment directly. endbox, as limited payment collection agent for the Photographer, agrees to facilitate the payment of any Photographer Fees for Photography Services provided, upon the Subject’s approval of each Project unless otherwise agreed between endbox and the Photographer. In the event that endbox does not remit such amounts, the Photographer will have recourse only against endbox.

CONDITIONS OF USE

USER CONDUCT

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by endbox. endbox reserves the right to investigate and take appropriate legal action against anyone who, in endbox’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to do the following:

• email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of endbox, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose endbox or its users to any harm or liability of any type;

• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

• violate any applicable local, state, national or international law, or any regulations having the force of law;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• solicit personal information from anyone under the age of 18;

• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

COMMERCIAL USE

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

APPLE-ENABLED SOFTWARE APPLICATIONS

endbox offers a Mobile Software Application that is intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• endbox and you acknowledge that these Terms of Service are concluded between endbox and you only, and not with Apple, and that as between endbox and Apple, endbox, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be endbox’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

• endbox and you acknowledge that endbox, not Apple, is responsible for addressing any claims of you or any third-party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third-party’s intellectual property rights, as between endbox and Apple, endbox, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact endbox using the contact details below.

endbox and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

INTELLECTUAL PROPERTY RIGHTS

endbox and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kaldtech, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Application.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Application.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Application.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to the following email: info@kaldtech.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Service, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Service is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

SERVICE CONTENT AND SOFTWARE

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by endbox, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by endbox from accessing the Service, you agree not to implement any measures to circumvent such blocking. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of endbox, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by endbox.

TRADEMARKS

The endbox name, the terms endbox, the endbox logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kaldtech, LLC (collectively the “endbox Trademarks”) or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other endbox product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to endbox. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of endbox Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of endbox Trademarks will inure to our exclusive benefit.

PHOTOGRAPHY SERVICES

Photographers assign Photograph IP (defined below) in the Photograph Content (defined below) created for a particular Booking and Subject, to endbox. Once the Booking transaction is complete, endbox transfers the Photograph IP in Purchased Prints to the Subject to facilitate a seamless transaction between a Photographer and a Subject. Photographer acknowledges and agrees that the photographs, digital negatives, camera RAW files, other original data files pertaining to the photos and images produced as a result of the Photography Services for a Subject as a result of a Booking (“Photograph Content”) contain content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws (“Photograph IP”). Photographer hereby assigns (and agrees to assign) all Photograph Content and the Photograph IP and all related intellectual property and proprietary rights to endbox. Photographer shall further assist endbox, at endbox’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights specified to be so owned or assigned. Upon full receipt of all applicable Photographer Fees, endbox agrees to assign, transfer and convey to the Subject the Photograph Content and associated Photograph IP contained in Purchased Prints. For clarity, Photograph Content and associated Photograph IP that is not purchased by Subject remains the property of endbox.

Subjects hereby grant endbox a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, display and distribute the Photograph Content and associated Photograph IP for marketing and advertising purposes. endbox will inform Subjects if it intends to use photos in this way, to provide an opportunity for any reasonable objections to be taken into account. Photographers may request that endbox provide a limited intellectual property license for the purpose of using photos in the Photographer’s portfolio of work or for other purposes by seeking prior written consent from both endbox and the relevant Subject.

THIRD-PARTY MATERIAL

Under no circumstances will endbox be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that endbox does not pre-screen content, but that endbox and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, endbox and its designees will have the right to remove any content that violates these Terms of Service or is deemed by endbox, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

USER CONTENT TRANSMITTED THROUGH THE SERVICE

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant endbox and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

Subjects may rate a Photographer and their Photography Services (“Photographer Rating”), and Photographers may rate a Subject (“Subject Rating”),in each case using the multidimensional rating system provided on the Application (collectively, “Rating”). Subjects may also provide written feedback to endbox regarding Photographers and their Photography Services purchased by such Subject (“Review”). You may only leave a Rating or submit a Review once the Photography Services have been provided for the relevant Booking. endbox can remove a Rating at any time, in its sole discretion. A Subject must provide true, fair and accurate information in their Review.

You acknowledge and agree that any Rating, Review, questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to endbox are non-confidential and endbox will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. endbox’s rights to such Submissions includes, but is not limited to, creating an aggregate rating from the Ratings it receives and showing Users such aggregated ratings.

You acknowledge and agree that endbox may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of endbox, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

RATINGS AND REVIEWS.

Any comments, feedback or ratings submitted by Users do not imply an endorsement of, or opinion of endbox. At its sole discretion and without liability, endbox may modify or delete any or all comments it finds to be slanderous, libelous, offensive, harmful, inappropriate, or irrelevant. Ratings and reviews provided by endbox may change at any time and the information provided may not be up-to-date. You agree to not post any reviews or feedback that are slanderous, libelous, offensive, harmful, inappropriate or irrelevant. You should not solely rely on any ratings or reviews on endbox and instead conduct your own research.

PARTNER REFERRALS AND SUBSIDIES

endbox may work with authorized third-party partners (“Partners”) to permit Partners to refer Subjects to endbox through endbox’s online enterprise portal, and Partners may elect to subsidize these shoots to give Subjects a discount on Photography Services, Photo Editing Services, or other Services (a “Subsidy”). Subjects may share these photos and details about their shoots with a Partner by clicking the appropriate box on the checkout page. Clicking this box grants the Partner a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, display and distribute the Photograph Content, associated Photograph IP, and shoot details from such Booking for any purpose (the “Partner License”). If a Subsidy is offered, Subject must grant the Partner License to receive the Subsidy.

PHOTO SUBMISSION POLICY

endbox itself provides photograph editing services to certain business partners and their affiliates with whom endbox has entered into separate agreements (endbox’s “Enterprise Partners”). These services permit certain authorized users affiliated with Enterprise Partners to submit their own photographs to endbox for editing so that such photos can be used by the applicable Enterprise Partner (“Photo Editing Services”). If you submit photographs to endbox for Photo Editing Services via endbox’s dedicated Photo Editing Services upload page (“Your Photos”), you agree that you are solely responsible for all Your Photos, and you warrant that you either own all Your Photos or are authorized to grant the rights described herein.

You understand and agree that endbox is authorized to share Your Photos (including without limitation the edited versions) with its Enterprise Partner(s). You represent and warrant that Your Photos do not infringe any copyright, patent, trademark, trade secret or other proprietary rights of any third-party. You hereby grant to endbox and its Enterprise Partners a nonexclusive, worldwide, sublicensable (through multiple levels of sublicense), royalty free, fully paid up right to use, store, copy, edit, modify, display, prepare derivative works of, publish, transmit, distribute and otherwise exploit in any manner Your Photos for the purpose of providing and receiving the Photo Editing Services, and with respect to each applicable Enterprise Partner, for the purpose of promoting such Enterprise Partner’s brand or business (including your participation in such business) in any media or platform, known or unknown to date, and in particular on the Internet and social networks.

If you believe that any User Contributions violate your copyright, please see our Copyright DMCA Policy, available at /legal/copyright-dmca-policy, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

THIRD-PARTY WEBSITES

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. endbox has no control over such sites and resources and endbox is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that endbox will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that endbox is not liable for any loss or claim that you may have against any such third-party.

SOCIAL NETWORKING SERVICES

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy, available at /legal/privacy-policy. For more information about the implications of activating these Social Networking Services and endbox’s use, storage and disclosure of information related to you and your use of such services within endbox (including your friend lists and the like), please see our Privacy Policy, available at /legal/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and endbox shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, endbox is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, endbox is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. endbox enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold endbox, and if you are a Photographer, hold Subjects, and their affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. endbox EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

endbox MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT endbox WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF endbox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL endbox’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID endbox IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

ARBITRATION AND DISPUTE RESOLUTION

You agree to attempt, in good faith, to resolve all disputes arising from these Terms of Service or use of the Application by negotiation between representatives with the authority to settle the controversy.

If good faith negotiations do not resolve the dispute and the total amount in controversy is less than $100,000, you agree that the matter will proceed to mediation to be conducted online through JAMSconnect. If mediation is not successful in resolving the dispute or the matter has a total amount in controversy greater than $100,000, then you agree that we will proceed to the arbitration procedures in the next paragraph.

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration administered by JAMS in Los Angeles County, California, in accordance with the JAMS’ Streamlined Arbitration Rules of Procedure, or, if you do not reside in the United States, in accordance with JAMS International Arbitration Rules, applying California law. You also agree that arbitration must be on an individual basis, meaning neither you or the Company may join or consolidate claims in arbitration by or against other purchasers or users of the Application, or litigate in court or arbitrate any claims as a representative or member of a class.

GOVERNING LAW AND JURISDICTION

All matters relating to the Application, the Service, and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, the Service, or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by endbox of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of endbox to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Service, our Terms of Use, our Privacy Policy, and our Copyright DMCA Policy constitute the sole and entire agreement between you and Kaldtech LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

TERMINATION

You agree that endbox, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if endbox believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. endbox may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that endbox may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that endbox will not be liable to you or any third-party for any termination of your access to the Service.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Service and endbox will have no liability or responsibility with respect thereto. endbox reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

SECTION TITLES

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

NOTICES

Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

YOUR PRIVACY

At endbox, we respect the privacy of our users. For details please see our Privacy Policy, available at /legal/privacy-policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at endbox LLC, 1800 Century Park East, Suite 600, Los Angeles, CA 90067, United States. Phone: +1 7209008927 (United States) or +974 50089915 (Qatar).

Please contact us via the Kaldtech Website available at https://www.kaldtech.com to report any violations of these Terms of Service or to pose any questions regarding the Application, the Service, our Terms of Use, our Terms of Service, our Privacy Policy, or anything else.