Terms of Use

Amended and Effective Date:: 25 March 2024

This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Auditorium Co., Ltd. ("Company", "we", "us", or "our"). This Agreement governs your use of the Shotspan mobile app. The app is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, OR USING THE App, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE PRIVACY POLICY, AND THE TERMS OF USE AND AGREE TO BE BOUND BY THEIR TERMS.

Definition

“App” means the App software “Shotspan” designed for smartphones and /or tablet computers which is provided by the Company for the Service.

License and Restrictions
You shall not:

Copy the App, except as expressly permitted by this license.
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App.
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof.
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual or proprietary rights notices from the App, including any copy thereof.

Retention of Rights

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Provision of the Service

(1) The Company shall grant Users the right to use the Service insofar as Users use the Service in accordance with the Terms and other conditions described in the Service. Users cannot assign or lease such right to use the Service to third parties.

(2) Unless otherwise expressly designated by the Company in the Service, the User’s usage history will be cleared and right to use the Service will be terminated when the User has deleted the App from his/her smartphone or tablet computer. The User cannot have his/her new device take over his/her usage histories.

(3) The Company reserves the right to modify cease or terminate, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.

Updates
The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Privacy

(1) The Company places the highest priority on the privacy of Users. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.

(2) The Company promises to protect the privacy and personal information of Users in accordance with our privacy policy.

Use of Personal Location Information

The company shall provides the service by using the user's personal location data in the following way, and only uses it with the consent of the subject.

The company stores the location data of the photograph taken by the user in exif format.
The user's location data is not transmitted to the company's server under any circumstances.
The company uses the user's location information only on the user's terminal and does not collect, store or preserve it on the company's server.

Other Services

(1) Other services and/or contents offered by the Company may be included within or linked to the Services. Such services and/or contents may be governed by other terms and conditions, which are set by the Company.

(2) Services and/or contents offered by business partners cooperating with the Company may be included within or linked to the Service. The Company will not be responsible for such services and/or contents. Furthermore, such services and/or contents may be governed by their own terms and conditions, which are set by the business partners.

User Responsibility

(1) Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service. It is User’s responsibility to store or back-up his/her data of shot photographs or images by the Service. In addition, the Company does not guarantee that the Users can store his/her data of shot photographs or images normally in his/her smartphones or tablet computers.

(2) The Company may take measures that the Company considers necessary and appropriate such as terminating or suspending the rights to use the Service itself, if the Company acknowledges that a User is using the service in a way which violates the Terms. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.

(3) In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Company arisen by third parties), the User shall immediately compensate the Company upon its request.

Disclaimer

(1) The Company does not expressly or impliedly guarantee that the Service are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.

(2) The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.

Modification of the Terms

The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on the Service. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Service.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Thailand without giving effect to any choice or conflict of law provision or rule.

Entire Agreement
This Agreement, our Privacy Policy, and our Terms of Use for the App constitute the entire agreement between you and the Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

Contact Information
If you have any questions about this Agreement, please contact us at: shotspan@auditorium.co.th

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