Dated: February 14, 2022

THIS IS A LEGALLY BINDING AGREEMENT between TaR, Inc., a Colorado corporation, ("TaR," "we," "our," or "us") and any person (referred to as "you" or "your" or "me" below) who either (1) clicks accept Terms of Service box at the end of these Terms of Service ("Terms") or (2) log on to, accesses or uses our mobile application (which we refer to as the "Services"). If you don’t agree with the Terms, then you should not click the box or log on to or access the TaR mobile application or use the Services. The Services is a mobile application and is designed to work on mobile devices listed in Exhibit A hereto, which is incorporated herein by reference. The Services is designed to provide the functions/tools described in Exhibit A hereto.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION AGREEMENT, YOU AND TaR AGREE THAT DISPUTES BETWEEN TaR AND YOU WILL BE RESOLVED BY A MANDATORY BINDING ARBITRATION, AND YOU AND TaR WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AGREEMENT AS EXPLAINED IN THAT ARBITRATION AGREEMENT BELOW. READ THE ENTIRE TERMS PRIOR TO CLICKING ACCEPTANCE BOX BELOWOR ACCESSING OR USING THE SERVICES.

1. USE OF SERVICES. No one under 13 years of age is allowed to create an account or use the Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. Read all terms carefully. By using the Services, you represent, warrant, and agree that: (a) you have the legal right and authority without consent of others to enter into and perform a legally binding agreement, including these Terms; (b) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction and you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; (c) you are not a convicted sex offender; (d) you will abide by and comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and (e) if you are acting on behalf of an entity of any kind (including a corporation, partnership of any kind, limited liability company, association, organization, business trust or other entity), you agree and represent that you have legal authority to bind that entity under these Terms and all references to you below will mean both you as the end user and that business or entity.

2. LIMITED LICENSE. As between you and us, TaR and its licensors are the sole owners of the Services, including all proprietary content, information, material, software, images, text, graphics (including any avatars that you may assemble using visual elements or functions that we provide), illustrations, logos, patents, trademarks, service marks, copyrights, drawings, photographs, images, film, audio, video, music, and "look and feel" of the Services, and all related intellectual property rights. TaR grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our Privacy Policy and Standards Policy allow. You may not use the Services in ways that are not authorized by these Terms and then only as long as you have an active account for the Services. The license terminates upon termination of your account for any reason or at our sole discretion with or without cause and without prior notice. Nor may you help, fund, direct or encourage anyone else to violate these Terms.

3. YOUR LICENSE TO TaR. (a) The Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. For all content you submit to or modify by the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

(b) Your content that you create, upload, post, send, receive and store is content that is public ("Public Content"). Because Public Content is inherently public, you grant TaR, our affiliates, other users of the Services, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content (including the separate video, image, sound recording, or musical compositions contained therein) in any form and in any and all media or distribution methods, now known or later developed. When you appear in, create, upload, post, or send Public Content, you also grant TaR, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, and voice, of anyone featured in your Public Content for commercial and non-commercial purposes. This means, among other things, that you will NOT RECEIVE OR BE ENTITLED TO ANY COMPENSATION OF ANY KIND if your content, videos, photos, images, drawings, film, sound recordings, musical compositions, other audio, name, likeness, or voice are used by us, our affiliates, other users of the Services, or our business partners or affiliates (as defined in 17 Code of Federal Regulations §230.405). All Public Content must be appropriate for any person who is 13 years of age or older. We have the absolute right, and you agree that we do have the absolute right to access, review, screen, and delete your content or terminate your account for Services at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. We will not do so and have made no promise to do so. We, our affiliates, and our third-party partners and our affiliates may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

4. SUGGESTIONS FROM YOU ARE OUR PROPERTY. If you provide feedback or suggestions or concepts or ideas or know how (collectively, referred to as "Suggestions"), you agree that we can use all Suggestions without compensating you in any manner, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on any Suggestions.

5. INCORPORATED POLICIES. Our Privacy Policy and Standards Policy are additional terms and are made part of these Terms by incorporation by reference as if set forth verbatim herein. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using the Services to which they apply.

6. PRIVACY AND COMMUNITY STANDARDS. Terms concerning privacy rights and obligations are set forth in the Private Policy on the website at https://www.aphotobomb.com/privacy and Terms concerning community and moral standards are set forth in the Standards Policy on the website at https://www.aphotobomb.com/privacy

7. OTHERS CONTENT. Some of the content on our Services may be produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, that content is the sole responsibility of the user or entity that submitted it. Although TaR reserves the right to review or remove all content that appears in the Services, we do not necessarily review all of it. As such, we cannot and do not promise or guarantee that other users or the content they provide through the Services will comply with our Terms (including Privacy Policy and Standards Policy).

8. COMPLIANCE BY YOU. You must also abide by and comply with all TaR policies referenced in these Terms or contained in these Terms as well as any other TaR’s and its affiliates’ guidelines, support pages, or FAQ’s. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following: (a) infringe TaR’s copyrights, trademarks, logos, service marks, patents and other intellectual property rights; (b) use any logos, trademarks, service marks, copyrights, photographs, other images, video, film, interface elements, drawings, files, materials, special effects and other functions provided through the Services in any manner except in strict accordance with these Terms; (c) copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your mobile device or web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality; (d) use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information; (e) reverse engineer, duplicate, decompile, disassemble, or decode the software code or applications of the Services (including any underlying ideas or algorithms), or otherwise extract the source code of the software of the Service; (f) upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services; (g) use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent; (h) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; (i) violate any applicable law or regulation in connection with your access to or use of the Services; (j) probe, scan, or test the vulnerability of our Services or any system or network; (k) use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services; (l) create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account or username; or (m) otherwise access or use the Services in any way not expressly permitted by these Terms.

9. REMOVAL OF INFRINGING MATERIALS. We endeavor to comply with copyright laws, including the Digital Millennium Copyright Act. As such, we seek to use reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we become aware that you have repeatedly infringed copyrights – either TaR’s or others’ - we will take reasonable steps within our power to terminate your account. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent: TaR, Inc., Attn: Copyright Issue, P.O. Box 3498 Vail, Colorado 81658; or email: help@aphotobomb.com Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement on the Services, please send the report to same address in the preceding sentence, except mark the report: "ATTN: Other Violation" and use email: help@aphotobomb.com If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S. Code§512(c)(3) (See Attachment One below).

10. SAFEGUARDS. By using the Services, and in order to use the Services in a manner that does not present the chance of physical harms or accident, you agree that you will at all times comply with these Terms, including our Standards Policy at https://www.aphotobomb.com/privacy and any other policies TaR makes available in order to maintain the safety of the Services. If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns. You agree not to use our Services in a way that would distract you from obeying traffic or safety laws or distract you while operating any machinery or vehicle or air or watercraft. You agree never to use the Services while driving a vehicle or aircraft or boat and never put yourself or others in harm’s way just to use the Services.

11. ACCCOUNT. You need to create an account to use the Services. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. It is important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please immediately reach out us at "Contact" below. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services unless we consent otherwise. YOU AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE IF YOU ALLOW, BY ACT OR NEGLIGENCE, ANOTHER PERSON TO ACCESS YOUR ACCOUNT AND USE THE SERVICES IN YOUR NAME AND YOU AGREE TO HOLD US HARMLESS FOR ALL LIABILITIES AND HARM RESULTING FROM YOUR FAILURE TO PROTECT YOUR ACCOUNT FROM AUTHORIZED USAGE RESULTING FROM YOUR FAILURE TO MAINTAIN SECRECY OF YOUR ACCOUNT INFORMATION AND PASSWORDS.

12. DATA CHARGES AND MOBILE PHONES. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your mobile device service provider before using the Services. By providing us with your mobile phone number, you agree to receive SMS messages from TaR related to the Services, including about promotions, your account, and your relationship with TaR. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent. If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through the Mobile App within 72 hours to prevent us from sending messages intended for you to someone else.

13. THIRD-PARTY SERVICES. Certain Services may display, include or make available content, data, information, applications, features or materials from third parties ("Third-Party Materials"), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party), each third party’s terms will govern the respective third party’s relationship with you. Neither TaR nor our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that TaR is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

14. MODIFICATIONS. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. You can terminate these Terms at any time and for any reason by deleting your Services account (or, in some cases, the account associated with the applicable part of the Services you are using). We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms (includes all policies referenced in these Terms) or applicable laws and regulations, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. We may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and TaR continue to be bound by Sections 3, 4 (to the extent any additional terms and conditions would, by their terms, survive), and 6 – 23 of the Terms.

15. INDEMNIFICATION. You agree, to the extent permitted by law, to indemnify, defend, and hold harmless TaR, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by TaR; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.

16. LIMIT LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, ATTORNEYS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, MOBILE DEVICE OR INTERNET CONNECTION FAILURES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS ($200.00) OR THE AMOUNT YOU PAID US IN 365 DAYS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

17. DISCLAIMERS. DISCLAIMERS. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR.

18. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER. PLEASE READ THIS SECTION CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND TaR AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. (a) Applicability of Arbitration Agreement. In this Section 18 (the "Arbitration Agreement"), You and TaR agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and TaR are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights (collectively, "IP Claims"). To be clear: the phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

(b) Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. Arbitration will be conducted by ADR Services, Inc. ("ADR Services") (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the parties will select an alternative arbitral forum, and if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. §5. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than Ten Thousand U.S. Dollars ($10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is Ten Thousand U.S. Dollars ($10,000.00) or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

(c) Fees. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. If TaR is the party initiating an arbitration against you, TaR will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against TaR, you will be responsible for the first One Hundred U.S. Dollars ($100.00) toward the nonrefundable initial filing fee, and TaR will pay the remainder of your initial filing fee and both parties’ administrative fee.

(d) Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and TaR. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TaR.

(e) Waiver of Jury Trial. YOU AND TaR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TaR are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TaR over whether to vacate or enforce an arbitration award, YOU AND TaR WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in this Section 18.

(g) Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. The waiver will not waive or affect any other portion of this Arbitration Agreement.

(h) Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor TaR can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Services username and the email address you used to set up your Services account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: TaR, Inc., P.O. Box 3498 Vail, Colorado 81658, or email the opt-out notice to help@aphotobomb.com

(i) Small Claims Court. Notwithstanding the foregoing, either you or TaR may bring an individual action in small claims court in the U.S., subject to that court having competent jurisdiction.

(j) Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with TaR.

19. EXCLUSIVE VENUE. To the extent that these Terms allow you or TaR to initiate litigation in a court, both you and TaR agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes and all IP Claims, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Colorado. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the state courts for Eagle County, Colorado. You and TaR consent to the personal jurisdiction of both courts.

20. CHOICE OF LAW. Except to the extent they are preempted by U.S. federal law, the laws of State of Colorado, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

21. SEVERABILITY. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

22. CALIFORNIA USERS. If you are a California resident, in accordance with California Civil Code §1789.3, or any successor law, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N112 Sacramento, California 95834, or by telephone at 1-(800) 952-5210.

23. FINAL TERMS. These Terms, including the additional terms referenced in Section 5 above, make up the entire agreement between you and TaR, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. These Terms cannot be amended, except by us.

24. WAIVER. The failure of either you or TaR to exercise any right, privilege, power or remedy at law or in equity, or in existence by virtue of the agreement created by these Terms, or to otherwise insist upon strict compliance with any of the Terms, provisions and conditions of this agreement, or the obligations of you or TaR, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of you or us to enforce any part of these Terms shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between or among you and us shall be deemed to establish any custom or usage waiving or modifying any provision of these Terms.

25. CONTACT. For notices and communications, you should send all notices and direct all inquiries for TaR to:

Point of Contact: Chief Technical Officer
Address: P.O. Box 3498 Vail, Colorado 81658
Email: help@aphotobomb.com

Exhibit A: Mobile Devices and Description of Services

Services are intended for use on most IOS and Android mobile devices

ATTACHMENT ONE: COPYRIGHT NOTICE REQUIREMENTS

Your notice of copyright infringement must contain:

1) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) identify the copyrighted work claimed to have been infringed;
3) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
4) provide your contact information, including your address, telephone number, and an email address;
5) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Above is qualified in its entirety by 17 U.S. Code§512(c)(3) – see URL: https://www.govinfo.gov/content/pkg/USCODE-2011-title17/pdf/USCODE-2011-title17-chap5-sec512.pdf