Terms of Service

Age Requirements

• You must be at least 13 years old to use the Service.
• If you are under 18 (and you will be required to confirm this), you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
• If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live and you must be permitted by the laws of the country or State/province where you are located to create a Through The Lens account and to view any Content available on it, and to use any functionality provided by it.

Permission by Parent or Guardian

• If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you yourself, are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Prior Prohibitions or Violations

• You must not be prohibited from receiving any aspect of our Service under applicable laws or you may not be on an applicable denied party listing.
• We must not have previously disabled, terminated or suspended your account for a violation of any law or any of our policies.
• If you do not meet the above requirements, you must not access or use Through The Lens.

You must do the following when creating a Through The Lens Account:

• You must provide a valid email address, a username, and a password or authenticate using a valid Google or Apple account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Through The Lens site for the composition of passwords. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any lost or stolen passwords.
• Provide accurate information about yourself as requested.
• Create only one account (your own) and use it for personal purposes.

Your use of the Service is subject to these Terms, our Privacy Policy and our Content Creation Policy, which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these Terms are for informational use only and are not part of the Agreement.

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, digital assets, and other materials whether provided by you, Through The Lens or a third-party (collectively, "Content”).

Creating a Through The Lens channel will give you access to additional features and functions, such as uploading videos, access to emails and more as they become available. You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

We want our Channel Users to use Through The Lens to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

• You may not use our platform to do or share anything:
• That violates these Terms, or other terms and policies that apply to your use of our Service.
• That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Service in such a way).
• That you do not own or have the necessary rights to share.
• That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or misappropriating someone’s name, image and/or likeness), unless an exception or limitation applies under applicable law.
• You may not upload viruses or malicious code, use the Service to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our Service or platform.
• You may not access or collect data from our Service using automated means (such as robots, botnets or scrapers) without our prior written permission.
• You may not attempt to access data you do not have permission to access.
• You may not proxy, request, or collect Account usernames or passwords, or misappropriate access rights.
• You may not sell, license, or purchase any data obtained from us or our Service, except as provided in the Terms.
• You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.
• You may not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from, if applicable, the respective rights holders.
• You may not circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content.
• You may not collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under these Terms.
• You may not use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
• You may not cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner.
• You may not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
• You may not without the permission of Through The Lens, independently run contests on or through the Service that do not comply with Through the Lens’ policies and guidelines.
• You may not use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service).
• You may not independently use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those agreed to in advance by Through The Lens.
• You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the platform interface and the instructions that we provide.
• You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits.
• You may not do any of the following while accessing or using the Services:
• Access, tamper with, or use non-public areas of the Services, Through The Lens’ computer systems, or the technical delivery systems of Through The Lens’ providers.
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
• Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Through The Lens (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Through The Lens.
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
• Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

When you register with and use Through The Lens, you make the following commitments to us:

• If you previously had an account with Through The Lens, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
• You will make sure that all information which you submit to us is truthful, accurate and complete.
• You will update promptly any of your information you have submitted to us as and when it changes.
• You consent to receiving communications from us electronically, including by emails and messages posted to your Through The Lens account or other provided methods of communication, and to the processing of your personal data as more fully detailed in our Privacy Policy.
• You will keep your account/login details confidential and secure, including your user details, passwords and any other pieces of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact info@throughthelens.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security.
• You agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
• You are responsible for all activity on your account even if, contrary to the Terms, someone else uses your account.
• You will comply in full with these Terms of Use for all Users, and all other parts of the Terms which apply to your use of Through The Lens.
• If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms.

The materials which we make accessible on Through The Lens for Users are for general information and entertainment only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from viewing such Content.

• We do not promise that Through The Lens is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Through The Lens. You should use your own virus protection software.
• We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Through The Lens.
• While we try to make sure that Through The Lens is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.

Retention of Rights

You retain ownership rights in your Content subject to the Athlete Channel Agreement. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this to Through The Lens.

Grant of Rights

By providing Content to the Service, you grant to Through The Lens, all Licensed Rights described in the Athlete Channel Agreement. You also grant each User of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Channel, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue pursuant to the terms of the Athlete Channel Agreement are from the launch of the Channel to either: the termination of the Athlete Channel Agreement or up until the Content is removed by Athlete, whichever is later.

Right to Monetize

You grant to Through The Lens the right to monetize your Content on the Channel pursuant to the terms of the Athlete Channel Agreement.

Athlete Removal of Content

You may remove your Content from the Service at any time after the Termination of the Athlete Channel Agreement Term.

Through The Lens Removal of Content

We may suspend or terminate your Channel or remove some or all Channel Content at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; (v) we are required to do so to comply with a legal requirement or a court order; (vi) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Through The Lens or our Affiliates; (vii) our provision of the Services to you is no longer commercially viable; or (viii) otherwise pursuant to the terms of the Athlete Channel Agreement.

If your Channel has been suspended, terminated or content has been removed subject to the Athlete Channel Agreement, all notifications and further termination, suspension or removal activities in furtherance thereof will be pursuant to the terms of the Athlete Channel Agreement.

Otherwise, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue: Warranty Disclaimer, Limitation on Liability, Indemnification and all subsections under Miscellaneous. If you believe your Channel was terminated in error you can file an appeal following the steps found in our Help Center. For the avoidance of doubt, these Terms survive the deactivation or termination of your account or any loss or damage arising from your failure to comply with the above.

We will not notify you with the reason for termination or suspension by Through The Lens if we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Through The Lens or our Affiliates.

Mutual Representations and Warranties

Each Party represents and warrants to the other Party that:

• They are either i) duly organized, validly existing, and in good standing as a corporation or other entity as represented herein under the Laws of its jurisdiction of incorporation or organization, or ii) a natural citizen or permanent resident of the United States;

Through The Lens Representations and Warranties

Through The Lens represents and warrants that:

• Through The Lens will not ask Athlete to perform any services that may be dangerous, degrading, unprofessional or demeaning; and
• Through The Lens will not post or materially alter any footage or materials provided by Athlete or captured by Through The Lens that will portray Athlete in a negative, misleading or false light.
• Through The Lens makes no promises or guarantees of any kind that Athlete will make a particular sum of money (or any money) from their Channel
• Through The Lens makes no representation and will not be responsible for any User or Subscriber’s use of your Content in violation of the Terms.
• Publication and/or promotion of your Content is not an endorsement by Through The Lens.

Athlete’s Representations and Warranties

Creator represents and warrants that:

• Athlete has the right to license to Through The Lens, the Name, Image and Likeness and the Licensed Rights.
• Any and all materials provided by Athlete for use in connection with the Athlete Channel Agreement shall not violate, infringe or misappropriate the rights of any third party.
• Athlete will at all times act in accordance with applicable laws while performing his/her obligations hereunder.
• Athlete has fully reviewed the Terms of Service and agrees to perform all obligations and duties as a Creator in accordance with them.
• Athlete has no knowledge of any circumstances, legal actions, or grants of rights to third parties that may prevent, delay or otherwise impede Through The Lens exploiting the Licensed Rights in accordance with the terms of the Athlete Channel Agreement.

Disclaimer of Representations and Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND AGREEMENT, CREATOR AND Through The Lens EACH EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GUARANTEE OF SALES AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE

From time to time, the Parties may disclose or make available to the other Party information about its business affairs, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, including the terms of the Athlete Channel Agreement and business operations and strategies, the names, identities, telephone numbers, email addresses, and other contact information of employees, consultants, business partners, contractors, investors, agents, brokers, vendors, including the associates or affiliates of such, business plans, third party agreements, company data, reports, budgets, projections, forecasts, assumptions, diagrams, templates, presentations, proposals, price lists, pricing methodologies, cost data, market share data, marketing plans, or other business information, and information disclosed in writing or orally and identified as “confidential” or “proprietary” at the time of disclosure or up to 30 days after such disclosure (collectively, "Confidential Information"). Confidential Information does not include information that: (a) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section by the receiving Party; (b) is or becomes available to the receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was known by or in the possession of the receiving Party before being disclosed by or on behalf of the disclosing Party; or (d) was or is independently developed by receiving Party without reference to or use, in whole or in part, of any of the disclosing Party’s Confidential Information, or provided to the receiving Party by a third party without any restriction on disclosure and without breach of any previous obligation of confidentiality by the third party to the Party categorizing the information as Confidential. Each Party shall: (i) protect and safeguard the confidentiality of the other Party’s Confidential Information with at least the same degree of care as it would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not either directly, indirectly or via the Disclosing Party’s principals, agents, partners or affiliates, whether in writing, electronically, orally, or through demonstration including any physical manifestation thereof use the other Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under the Athlete Channel Agreement; and (iii) not directly or indirectly disclose any such Confidential Information to any person or entity, except: (A) to its officers, employees, agents, consultants, and legal advisors who need to know the Confidential Information to assist it, or act on its behalf, to exercise its rights or perform its obligations under the Athlete Channel Agreement, or (B) pursuant to applicable federal, state, or local law or regulation, or a valid order issued by a court or governmental agency of competent jurisdiction, provided that it shall first make commercially reasonable efforts to provide the other Party with: (1) prompt written notice of such requirement so that the other Party may seek, at its sole cost and expense, a protective order or other remedy; and (2) reasonable assistance, at the other Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure.

Both Parties acknowledge (i) that this Confidential Information policy is necessary to protect and maintain such proprietary and other legitimate business interests of the Parties; and (ii) that the Parties would not be engaged unless such covenants were included in the Athlete Channel Agreement.

Equitable Relief

Each of the Parties acknowledges that a breach of the Terms and Athlete Channel Agreement by the other Party irreparably damages the other for which an award of damages would not be adequate compensation, and each Party hereby agrees that, in the event of such breach, the non-breaching Party will be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance, and any other relief that may be available from any court, in addition to any other remedy to which the non-breaching Party may be entitled at law or in equity. Such remedies are not exclusive but are in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in the Athlete Channel Agreement to the contrary.

Relationship of the Parties

Nothing contained in these Terms or the Athlete Channel Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither Party has authority to contract for or bind the other Party in any manner whatsoever. Both Parties will be responsible for all its own tax related filings with the Internal Revenue Service as may be required by law and resulting from this Agreement, and will make any other reports as deemed necessary or appropriate under applicable laws.

Terminations by You

You may end your legal agreement with Through The Lens at any time by deactivating your accounts and discontinuing your use of the Services. See instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information.

Terminations and Suspensions by Through The Lens

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; (v) we are required to do so to comply with a legal requirement or a court order; (vi) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Through The Lens or our Affiliates; or (vii) our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue: Warranty Disclaimer, Limitation on Liability, Indemnification and all subsections under Miscellaneous. If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center. For the avoidance of doubt, these Terms survive the deactivation or termination of your account or any loss or damage arising from your failure to comply with the above.

We will not notify you with the reason for termination or suspension by Through The Lens if we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Through The Lens or our Affiliates.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

EXCEPT AS REQUIRED BY APPLICABLE LAW, THROUGH THE LENS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE
• ANY INTERRUPTION OR CESSATION OF THE SERVICE
• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY
• ANY CONTENT WHETHER SUBMITTED BY A USER OR THROUGH THE LENS, INCLUDING YOUR USE OF CONTENT
• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THROUGH THE LENS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE THROUGH THE LENS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THROUGH THE LENS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE THROUGH THE LENS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Severance

If any provision of these Terms is invalid, illegal, or unenforceable by any competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other provision of these Terms, or invalidate or render unenforceable such term or provision in any other jurisdiction.

No Waiver

If you fail to comply with these Terms and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future), nor will such failure to take immediate action operate or be construed as a waiver of any other or subsequent breach or our respective right thereafter to enforce each and every provision of these Terms.

No Implied Licenses

There are no implied licenses or other rights granted to you in relation to any part of Through The Lens, save as expressly set out in these Terms.

Third Parties

Your agreement with us does not give rights to any third parties, except in respect to that the Indemnification and Limitations of Liability sections may be enforced by our subsidiary companies, employees, owners, representatives and agents. You cannot transfer your rights or obligations under your agreement with us without our prior written consent. However, our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations. For avoidance of doubt, our past, present, and future affiliates and agents, can invoke our rights under this agreement in the event they become involved in a dispute.

Governing Law

These Terms and all matters arising out of or relating therefore, are governed by the laws of the State of Delaware, without regard to its principles of choice of law. The Parties will construe this Agreement in accordance with the laws of the State of Delaware. If any provision of this Agreement is deemed void by any court of competent jurisdiction, the remaining provisions shall remain in force and effect. THE PARTIES HEREBY EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN DELAWARE.

Waiver of Jury Trial

Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any claim, suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Force Majeure

Neither Party shall be in breach of any term or condition hereof and shall not be liable or responsible to the other to the extent its performance is materially delayed or hindered by any public disaster, fire, flood, earthquake, strike, embargo, public health crisis, riot, war, state of emergency, insurrection or civil unrest, any act of God, adoption of normative acts, new or amended regulations or other actions of state bodies that prevent or impede the fulfillment by the parties of their obligations under this Agreement, any epidemic or pandemic (including coronavirus) or any other reason beyond the reasonable control or which it could not by reasonable diligence have been avoided.