The following Kaboom Terms of Use Agreement (“Terms” or the "Agreement") for the Kaboom mobile application (the “Kaboom App”) and service (the “Service”) is a legal contract between you, an individual subscriber ("You"), and AnchorFree, Inc. if you are a resident or citizen of the United States of America, or between You and AnchorFree GmbH (together with AnchorFree, Inc., "AnchorFree"), if you are not a resident or citizen of the United States of America, regarding your use of the Service. These Terms are a legally binding contract between you and AnchorFree regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY DOWNLOADING THE KABOOM APP FROM THE RELEVANT APP STORE AND/OR USING THE KABOOM APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE KABOOM PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. If you are not eligible, or do not agree to these Terms, then please do not use the Service.

These Terms of Use provide that all disputes between you and AnchorFree will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY, and your claims cannot be brought as a class action. Please review Section 18 below for the details regarding your agreement to arbitrate any disputes with AnchorFree.

1. Kaboom Service Overview. Kaboom allows you to share disappearing photos and messages with people around the world. You can capture your moment in media or in text, set it to expire and share it with your friends. You can post your self-destructing message on social media or share it using your favorite messaging platform. Kaboom makes it easy to share with others using SMS, Email, Facebook, Twitter, WhatsApp and Direct Linking.

2. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@kaboomit.com.

4. User Content

4.1 User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.

4.2 Limited License Grant to AnchorFree. By posting or publishing User Content, you grant AnchorFree a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by AnchorFree may be without any compensation paid to you.

4.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

4.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
• you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize AnchorFree and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by AnchorFree and these Terms; and
• your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
4.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. AnchorFree may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AnchorFree with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AnchorFree does not permit copyright-infringing activities on the Service.

5. Digital Millennium Copyright Act. It is AnchorFree's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to AnchorFree's DMCA Notification Guidelines.

6. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

6.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

6.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

6.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

6.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

6.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

6.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

6.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below) or any right or ability to view, access, or use any Materials; or

6.8 attempt to do any of the foregoing in this Section 6, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 6.

7. Third-Party Services and Linked Websites. AnchorFree may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on AnchorFree with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

8. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, AnchorFree, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@kaboomit.com.

9. Privacy Policy; Additional Terms

9.1 Privacy Policy. Please read the carefully for information relating to our collection, use, storage and disclosure of your personal information. The Kaboom Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

9.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 11 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

10. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.

11. Ownership; Proprietary Rights. The Service is owned and operated by AnchorFree. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by AnchorFree are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of AnchorFree or our third-party licensors. Except as expressly authorized by AnchorFree, you may not make use of the Materials. AnchorFree reserves all rights to the Materials not granted expressly in these Terms.

12. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless AnchorFree and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "AnchorFree Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

13. Disclaimers; No Warranties THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ANCHORFREE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ANCHORFREE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ANCHORFREE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

14. Limitation of Liability IN NO EVENT WILL THE ANCHORFREE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ANCHORFREE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ANCHORFREE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ANCHORFREE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $25.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and AnchorFree agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and AnchorFree regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2, and 5 through 20.

17. Dispute Resolution and Arbitration

17.1 Generally. In the interest of resolving disputes between you and AnchorFree in the most expedient and cost effective manner, you and AnchorFree agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ANCHORFREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions. Notwithstanding subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

17.3 Arbitrator. Any arbitration between you and AnchorFree will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AnchorFree.

17.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). AnchorFree's address for Notice is: AnchorFree, Inc., PO Box 60429, Sunnyvale, CA 94088. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or AnchorFree may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AnchorFree shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, AnchorFree shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by AnchorFree in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.

17.5 Fees. In the event that you commence arbitration in accordance with these Terms, AnchorFree will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse AnchorFree for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

17.6 No Class Actions. YOU AND AnchorFree AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AnchorFree agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.7 Modifications. In the event that AnchorFree makes any future change to this arbitration provision (other than a change to AnchorFree's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to AnchorFree's address for Notice, in which case your account with AnchorFree shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

17.8 Enforceability. If Subsection 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.

18. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

19. Contact Information. The services hereunder are offered by AnchorFree, Inc., PO Box 60429, Sunnyvale, CA 94088 and AnchorFree GmbH, Hansmatt 32, 6370 Stans, Switzerland. You may contact us by sending correspondence to the foregoing address or by emailing us at support@kaboomit.com.

20. Notice Regarding Apple. If you are using our mobile applications on an iOS device, the terms of this Section 20 apply. You acknowledge that these Terms are between you and AnchorFree only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. you agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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. You hereby 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.

Last Updated: July 30, 2015

Thank you for your interest in the Kaboom mobile application (the “Kaboom App”), offered by AnchorFree, Inc. and its affiliated companies (“AnchorFree”, “we,” or “us”), as well as the Kaboom website (the “Site”), all related websites, applications, and services provided by us and on which a link to this Privacy Policy (this “Policy”) is displayed (collectively, the “Service”). This Policy is incorporated into and is subject to the Kaboom Terms of Use.

Information We Collect on the Service:

Information You Directly Provide Us. In order to provide you with a basic Kaboom account, you may provide us with information about you, including your name and mobile phone number. You may provide us with information in various ways when using the Service. For example, you provide us with information when you register for a Kaboom account, use the Service, upload or share text, photos, or other media on or through the Service, or send us customer service-related requests using the Service.
Information Automatically Collected When You Use Our Service. We collect certain information automatically when you use the Service in order to facilitate communications through the Service, provide features and functionality, and for all other purposes described in this Policy. This information may include information collected directly from your mobile device after you have installed the Kaboom App, as well as information collected from your device when you visit our Site. This information includes:
Usage Information. We collect information about your activity and the messages you send and receive through the Service. We collect information about when you launch the Kaboom App. We collect information about messages such as the time, date, recipient, and the number of comments on your messages. We also collect information about the number of messages you exchange with your contacts, which contacts you exchange messages with the most, and your interactions with messages (such as when you open or update a message or capture a screenshot).
Message Contents. We collect the contents of the messages you send through the Service. Please see the “Message Deletion” section of this Policy for more information on message contents we collect, how long we keep it, and how long your contacts have access to it.
Device Information. We collect information about your device, including the phone model, screen size, mobile network information, device identifiers (including IDFA for iOS devices and IMEI for Android devices), operating system and version, browser type and language, and mobile device phone number. We also collect certain device information that will help us diagnose problems in the (hopefully rare) event you experience any crash or other problem while using our Service. For example, if we detect a crash or other problematic event, we may collect information about your device’s performance at the time of the event for troubleshooting purposes.
○ Device Contact List and Photos. With your consent, we access your device’s photos so that you can share your favorite photos through Kaboom.
Location Information. With your consent, we may obtain information about your device location by inference from the information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).
Information Collected Using Cookies. We use cookies to help us understand how users interact with the Service, which in turn helps us improve the Service. Cookies are small data files stored on your hard drive or in device memory that store information about your use of the Service, which can, among other things, help us see which areas and features of the Service are popular and let us count visits. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our Service. To learn more about how third parties use cookies on the Site and Service, please see the “Third Party Analytics and Advertising Services” section of the Policy.
Information Collected by Other Tracking Technologies. We also use web beacons and clear gifs to help us understand how users interact with the Site and Service, which in turn helps us improve the Service. Web beacons and clear gifs are small pieces of software on a webpage or email that help us see how you interact with that webpage or email. The information collected by these technologies may include your IP address, other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with your Personal Information. To learn more about how third parties use these technologies on the Site and Service, please see the “Third Party Analytics and Advertising Services” section of the Policy.
○ Website Log Information. We collect log file information when you use our Site. That information includes, among other things, your web browser type and language, access times, pages viewed, your IP address, and the website you visited before navigating to our websites.
○ Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by us. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
● Information We Collect When You Contact Us. Whenever you have a question for our helpful Support team, you may visit Kaboom.zendesk.com. When you contact the Support team or communicate with us in any other way, we collect whatever information you volunteer. For instance, if you submit files or any other materials to us through our Site, we will collect that information.

How We Use the Information We Collect. We use information we collect on the Service and Site to provide you with and to improve and innovate the Service and Site. We also use the information to:

● Operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users;
● Understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality;
● Communicate with you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with;
● Personalize our Service, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service;
● Provide customized advertisements, content, and information;
● Monitor and analyze the effectiveness of the Service and third-party marketing activities;
● Verify your identity and prevent fraud or other unauthorized or illegal activity; and
● Carry out any other purpose for which the information was collected.

How We Share Information. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

● When you send a message, your recipients will see your username and whatever your message says or shows (whether that’s a photo, video, text, etc.). When you view content that another Kaboom user has sent you, we may inform the sender that someone saw it by updating the view count of the message. Please note that at this time there is no way for you to remove Kaboomers that may appear in your Kaboom contacts list.
● We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we generally require them to agree to maintain the confidentiality of such information.
● We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
● We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
● Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

We may make certain aggregated, automatically-collected, or otherwise de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

The Service may also contain third-party links or be a co-branded or third-party-branded service that’s being provided jointly with or by another company. By going to those links or by using a co-branded or third-party-branded Service, you may be providing personal information directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our Service.

Message Access and Deletion

Messages sent through the Service will be automatically deleted after the amount of time or number of views you specify is complete. All expired messages are immediately deleted from Kaboom’s servers. Nevertheless, you should understand that users who see your messages can always save them, either by taking a screenshot or by using some other image-capture technology. Please also note that Kaboom messages are accessible via unique URLs assigned to each message; as a result, the messages may be accessible to persons other than the intended recipient of your messages if those persons access the message URL.

Additionally, we can’t guarantee that messages will be deleted within a specific timeframe. And even after we’ve deleted message data from our servers, that same data may remain in backup for a limited period of time. We may also receive and comply with requests from law enforcement requiring us by law to suspend our ordinary server-deletion practices for specific information. Finally, of course, as with any digital information, there may be ways to access messages while still in temporary storage on recipients’ devices or, forensically, even after they are deleted.

Third Party Analytics and Advertising Services

We may let other companies use cookies, web beacons, and other technologies on the Site and Service. These companies may collect information about how you use the Service and other websites and online services over time and across different services. We use various analytics tools to understand your use of the Service (including Google Analytics, which we use to collect and process certain analytics data on the Site. Google's additional privacy options.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Children’s Privacy

Our Site and Service are not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner.

International Visitors

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

Do Not Track

We do not track our Site visitors over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals. However, some third party websites do keep track of your browsing activities, including across other websites on the Internet, which enables these websites to tailor what they present to you. If you are visiting such websites, your browser may allow you to set a DNT signal on your browser so that third parties know you do not want to be tracked.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.

Our Contact Information

Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at support@kaboomit.com.

AnchorFree, Inc.
P.O. Box 60429
Sunnyvale, CA 94088

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