Oh Hello End User License Agreement

Last Updated: October 13, 2014

This End User License Agreement ("Agreement") is between you and Oh Hello, LLC. ("Oh Hello") and governs use of the Oh Hello Website and Oh Hello application (the "Oh Hello App") made available through the Apple App Store. By accessing the Oh Hello website or installing the Oh Hello App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Oh Hello App.

1. Terms

This Agreement is between you and Oh Hello only, and not Apple, Inc. ("Apple"). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Oh Hello, not Apple, is solely responsible for the Oh Hello App and its content.

This license shall automatically terminate if you violate any of the restrictions set forth in this agreement and may be terminated by Oh Hello at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Use License

Oh Hello grants you a limited, non-exclusive, non-transferable, revocable license to use the Oh Hello App and Website for your personal purposes. You may only use the Oh Hello App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the App Store Terms of Service.

3. Objectionable Content Policy

Content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Content is moderated by Oh Hello moderators via the Oh Hello website and may be subject to review or removed without warning if flagged as inappropriate by moderators or App users. Content reported as objectionable is reviewed within 24 hours and may result in removal of the content and/or the offending user who provided the content.

4. Limitations

In no event shall Oh Hello or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Oh Hello's Internet site, even if Oh Hello or a Oh Hello authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Warranty

The Oh Hello App and Website is provided for free on an "as is" basis. As such, Oh Hello disclaims all warranties about the Oh Hello App and Website to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Oh Hello, not Apple, shall be solely responsible for such warranty.

6. Links

Oh Hello has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Oh Hello of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Oh Hello may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of this End User License Agreement.

8. Product Claims

Oh Hello, not Apple, is responsible for addressing any claims by you relating to the Oh Hello App and Website or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Oh Hello App and Website fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Oh Hello shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Oh Hello App or Website. To the extent Oh Hello is required to provide indemnification by applicable law, Oh Hello, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Oh Hello App or your use of it infringes any third party intellectual property right.

10. Governing Law

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.

11. Contact Information

Should you have any questions, complaints, or claims relating to the Oh Hello App or Website, please contact us at support@ohhello.co.