Viewfinder Terms of Service
Last updated: January 12, 2023
Thank you for choosing the Viewfinder service which enables users to search, browse and discover entertainment content (the "Service"), which is owned and operated by Promptu Systems Corporation ("Promptu", "we", "us" or "our"). These Terms of Service (these "Terms") constitute the entire agreement between you, the user of the Service, and Promptu, under which Promptu authorizes you to access and use the Service, which is made available by Promptu through Promptu’s proprietary Viewfinder mobile software application (the "App") and the Viewfinder online web application platform (the "Platform") available at www.viewfinder-app.com (the "Site"). These Terms are exclusively between you and Promptu. When we use the term "Services" throughout these Terms, we mean, collectively, the Service, the App, the Platform, the Site, and any related services we provide to you in connection with the use of any of the foregoing.
IMPORTANT -- PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND PROMPTU GOVERNING YOUR USE OF THE SERVICES. BY DOWNLOADING THE APP AND/OR ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW); (II) REPRESENT THAT YOU ARE ELIGIBLE TO ENTER INTO THESE TERMS PURSUANT TO THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 1; AND (III) AGREE THAT YOU ARE ENTERING INTO THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) WITH PROMPTU SYSTEMS CORPORATION. PLEASE BE ADVISED THAT PROMPTU DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THESE TERMS LIMIT OUR LIABILITY TO YOU. YOU MAY NOT USE THE SERVICES, OR ANY PART THEREOF, IF YOU DO NOT AGREE TO THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) OR YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS, YOU SHOULD DELETE THE APP, AND DO NOT INSTALL THE APP, OR OTHERWISE ACCESS AND/OR USE ANY OF THE SERVICES.
Eligibility
. You must be at least 16 years of age or older to use the Services. If you are under the age of 18, or the age of majority in your jurisdiction, you must have your parent or legal guardian’s permission to use the Services, as well as have them read and agree to these Terms on your behalf. You affirm that you (i) are either 18 years old or the age of majority in your jurisdiction or that you are the parent or legal guardian of a user that is 16 years of age or older, and (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.Changes to These Terms
. Promptu reserves the right to update or modify these Terms at any time. The revised Terms will be posted on the web page https://viewfinder-app.com/legal/tos. All updates and modifications to these Terms will be effective from the day they are posted online (except as stated below). If we make any material changes to these Terms, we will provide reasonable prior notice of these changes by posting a notice of the changes on the Site and through the user interface of the App and/or Platform. In addition, if we have an email address on file for you, we may notify of material changes by sending a notification to your email address. Material changes to these Terms will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, simply do not use or access the Services. Your continued use of the Services after the applicable effective date of the revised Terms, signifies to us that you acknowledge and agree to be bound by the revised Terms.Ownership
. Promptu and/or Promptu’s licensors shall retain all rights, title, interest, in and to and ownership of the (i) the Services, and any accompanying user manuals or documentation (the "Documentation"), and any improved, updated, modified or additional parts thereof, (ii) any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through or in connection with the Services (collectively, the "Content"), and (iii) all copyright, patent, trade secret, trademark and other intellectual property and proprietary rights in and to the Services, Documentation and Content. All rights that are not explicitly granted in these Terms are reserved by Promptu and its licensors. To the extent that you provide or submit to Promptu any ideas, suggestions, improvements and/or other feedback regarding any aspect of the Services, Documentation and/or Content including, without limitation, the functioning, features, and other characteristics thereof (collectively, "Feedback"), you hereby grant Promptu, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in the Feedback to exploit and use for any purpose, without compensation or attribution.Grant of Rights to Use the Service
. Subject to your compliance with these Terms, you are hereby granted a limited, non-transferable, non-sublicensable, non-exclusive limited: (a) license to download and use the App on your personal Android or iOS based mobile phone or tablet (an "Authorized Device"), in object code only; and (b) access and use the Platform, over the internet; in each case, solely to access the Service for your personal, non-commercial purposes and in accordance with the applicable Documentation and these Terms.Prohibited Uses
Restrictions
. Unless expressly authorized by Promptu in writing, you agree that you will not, and you will not permit any third party to:- market, copy, distribute, license, sublicense, resell, assign, transfer or otherwise offer or make available the Services, Documentation, and/or Content (or any part thereof) to any other individual or entity;
- attempt to reverse engineer, decompile or disassemble, or derive or determine or make any other attempt to obtain or determine the source code (or the underlying ideas, algorithms, structure or organization) of, the Service, the Platform and/or the App;
- modify, adapt, translate or create derivative works based on the Services, Documentation, and/or Content (or any part thereof);
- access the Service with software or means other than the App and/or Platform, properly licensed in conformance with these Terms;
- use the Service, the Platform and/or the App in any way that may adversely affect Promptu’s services or the ability of other users to use those services in any way, or in a manner that interferes with or disrupts the integrity or performance of the App, the Platform, the Service and/or any system, network or data;
- attempt to gain unauthorized access to the App, the Platform, and/or Service or its related systems or networks;
- frame or utilize framing techniques to enclose the Service, the App and/or the Platform or any portion thereof;
- use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Services, Documentation and/or Content (or any part thereof), except caching or as necessary to view the Service and/or Content;
- remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Promptu or its suppliers on or within the Services, Documentation and/or Content;
- use the Services, Documentation, and/or Content for any other commercial or competitive reasons.
Automated or Recorded Queries
. You may not submit any form of automated or recorded queries unless expressly authorized by Promptu in writing. You may not perform any other form of high volume usage beyond reasonable personal use.Lawful Purpose and Legal Compliance
. You may use the Services, Documentation, and Content only for lawful purposes. You are responsible for compliance with all federal, state, and local laws applicable to your use of the Services, Documentation, and Content, whether you use it from the United States or any other country. 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.
Third Party Software
. Promptu may in its sole discretion, make available third party software embedded in, or otherwise provided with, the App and/or Platform ("Third Party Software"). Third Party Software is expressly excluded from the defined term "App" and "Platform" as used throughout these Terms. Your use of the Third Party Software is subject to the applicable third party license terms which can be viewed under the "Settings" tab accessible through the user interface of the App and Platform, and such Third Party Software is not licensed to you under these Terms. If you do not agree to abide by the applicable license terms for the Third Party Software, then you may not access or use the App or the Third Party Software.User Data and Privacy
User Data
. You understand and agree that Promptu may collect data and information, which may include personally identifiable information in connection with your use of the Services, including, but not limited to, use of the Service through the App and/or Platform (collectively, "User Data"). Any personally identifiable information provided or collected through or in connection with the Services shall only be used in accordance with these Terms and Promptu’s Privacy Policy located at https://viewfinder-app.com/legal/privacy (the "Privacy Policy"). By using the Services and providing User Data, you grant to Promptu a non-exclusive, royalty-free, fully-paid, worldwide license, under all of your intellectual property and proprietary rights, to any and all User Data reasonably necessary for Promptu to provide you the Services hereunder. You represent and warrant that you have all the rights necessary to grant Promptu the licenses granted herein in and to your User Data. Notwithstanding the foregoing, you acknowledge and agree that Promptu may use and exploit any aggregated non-personally identifiable data or information collected or obtained from your use of the Services for any purpose.Security
. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of and protecting any login or account credentials you use to access the Service, including, without limitation, your login credential for you Apple ID if you sign into the Service with your Apple ID to enable content sharing between devices. You are solely responsible for any activity originating from your account, regardless of whether such activity is authorized by you. Promptu will not be liable for any loss or damage arising from your failure to keep your account and/or login credentials secure.Speech Recognition Results
. The Service is designed to decode your voice, understand your video search request, and then return the results of your search as understood by the system. Both humans and automated speech recognition systems such as the Service will misunderstand or misrecognize what people say from time to time. Occasionally, the Service will misrecognize words you speak or will not correctly understand your search request. PROMPTU ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO THE FAILURE OF THE SERVICE TO RECOGNIZE ANY SPOKEN UTTERANCES PROVIDED TO THE SERVICE.
Fees; Changes to the Service
. The initial download price for the App and use of the Service is free. Promptu reserves the right however, upon prior notice to you, to charge a fee for the Service. In addition, Promptu reserves the right to either temporarily or permanently modify, suspend or discontinue the Services and/or Content (or any part thereof) with or without notice (including, without limitation, charging fees to download the App and/or use the Service). You agree that Promptu will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or any Content (or any part thereof).Authorized Devices
. You acknowledge and agree that in order to use the App, your Authorized Device must be compatible to use the App. You are solely responsible for determining whether or not your Authorized Device is or is not compatible with the App and Promptu makes no representations or warranties whatsoever regarding the App and compatibility with any mobile, tablet and/or other handheld devices. The Service may make use of the data network operated by your internet or wireless service provider to send both data and recorded audio from your Authorized Device to the Promptu servers, and to return information back to your installed App. You are solely responsible for any and all such costs you incur as a result of your usage of the App, including, without limitation, any phone, internet, and/or wireless service provider charges for data usage or services.Third Party Services
. The Service may contain links to, or otherwise may allow you to purchase and/or connect to and use certain third party products, applications and/or services (for example, third party streaming services such as, Netflix, Hulu, and/or HBO or when you sign into the App and/or Platform with your Apple ID to enable content sharing between devices) which are not controlled or owned by Promptu (collectively, "Third Party Services"). If you decide to access and use such Third Party Services, be advised that your use is governed solely by the terms and conditions of such Third Party Services, and Promptu does not endorse, is not responsible for, and makes no representations as to such Third Party Services, their content or the manner in which they handle your data. Promptu is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third Party Services, or your reliance on the privacy practices or other policies of such Third Party Services.Indemnification
. You agree to indemnify, defend and hold harmless Promptu, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) arising from or related to: (i) your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties hereunder; (ii) your use of and/or access (or any use or access by a third party using your Authorized Devices or through your account) to the Services (or any part thereof); or (iii) your violation of any third party right, including without limitation, any copyright, property, moral or privacy right.NO WARRANTY
. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP, PLATFORM, SERVICE, DOCUMENTATION, SERVICES, CONTENT, THIRD PARTY SOFTWARE AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION, CONTENT, THIRD PARTY SOFTWARE AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PROMPTU HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROMPTU DOES NOT WARRANT THAT THE SERVICES, DOCUMENTATION, CONTENT, THIRD PARTY SOFTWARE AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER (OR THE FUNCTIONS CONTAINED IN, OR PERFORMED OR PROVIDED THEREWITH), WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES (OR ANY PART THEREOF), DOCUMENTATION, CONTENT, THIRD PARTY SOFTWARE OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES (OR ANY PART THEREOF), DOCUMENTATION, CONTENT, THIRD PARTY SOFTWARE OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROMPTU OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMPTU BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES (OR ANY PART THEREOF), DOCUMENTATION, AND/OR CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY PROMPTU TO YOU HEREUNDER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROMPTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event shall Promptu’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.Term and Termination
. These Terms will remain in full force and effect as long as you continue to access or use any of the Services or until terminated in accordance with the provisions of these Terms. You may terminate these Terms, and the licenses granted herein, at any time by permanently deleting and erasing the App and the Documentation from each of your Authorized Devices and ceasing all use of the Services. Promptu may, at any time, without notice: (i) suspend or terminate your rights to access or use the Services (or any part thereof), or (ii) terminate these Terms with respect to you (a) for any or no reason, and/or (b) if Promptu, in good faith, believes that you have used the Services (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms or rules. You agree that, upon any termination, the licenses granted you hereunder and your right to use the Services will automatically terminate and you will immediately delete and permanently erase all copies of the App and the Documentation from all of your Authorized Devices and cease all use of the Services.Third Party Rights
Third Party Rights
. You acknowledge and agree that certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this Section 15, these Terms are not intended to grant rights to anyone except you and Promptu, and in no event, shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.Android App
. The following additional terms and conditions apply with respect to any App provided or made available to you by Promptu, designed for use on an Android-powered mobile device and/or tablet (an "Android App"): you acknowledge that these Terms are between you and Promptu only, and not with Google, Inc. ("Google"). Your use of the Android App must comply with Google’s then-current Android Market Terms of Service. Google is only a provider of the Android Market where you have obtained the Android App. Promptu, and not Google, is solely responsible for the Android App and the related content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.iOS App
. The following additional terms and conditions apply with respect to any App provided or made available to you by Promptu, designed for use on an Apple iOS-powered mobile device (an "iOS App"): you acknowledge that these Terms are between you and Promptu only, and not with Apple, Inc. ("Apple"). Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service. Promptu, and not Apple, are solely responsible for the iOS App and related content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. You agree that Promptu, and not Apple, is responsible for addressing any claims by you relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Promptu as provider of the iOS App. You agree that Promptu, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App. You represent and warrant that you: (a) 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 (b) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of its wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to the license granted herein to you to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to the license granted herein to you to use the iOS App as a third-party beneficiary thereof.
Availability of Services
. Information describing the Services is accessible worldwide but this does not mean the Services, or certain portions thereof, are available in your country. Promptu may restrict access to the Services, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Services is legal in your country of residence. The Services may not be available or accessible in all languages.Commercial Items
. The App, Platform, and the Documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation will be licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.Governing Law
. The laws of the State of California, excluding its conflicts of law rules, govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the App and/or Platform. Furthermore, these Terms (including without limitation, the App) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.General
. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and its performance shall be construed as creating a joint venture or agency between Promptu and you. Promptu may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the Privacy Policy and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against Promptu by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.Questions
. Any questions, complaints or claims with respect to these Terms or the Services should be directed to Promptu Systems Corporation, 333 Ravenswood Avenue Building 201 Menlo Park, CA 94025. Telephone +1 650 859 5800. Email info@promptu.com.