Legal & Privacy

Privacy Policy

Your privacy is critically important to us. At Otograph, we have a few fundamental principles:

  • We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
  • We store personal information for only as long as we have a reason to keep it.
  • We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
  • We help protect you from overreaching government demands for your personal information.

Below is our Privacy Policy, which incorporates and clarifies these principles.

Who We Are

We are a group of parents, medical professionals and computer geeks who understand the frustration that comes with having your child in pain and not knowing why, or how to help. We don’t understand all the reasons your child could be in pain, but we think we can improve everyone’s understanding of when that pain is from the ear. Our mission is to crowdsource ear exams. In our busy, modern world, not all of us have a friendly health care professional we can trust to answer questions about ear disease. We believe that when parents pool their knowledge together we all feel more empowered. Privacy Policy applies to information that we collect about you when you use our websites (including myotograph.com, theotograph.com, and earcheck.org).  Throughout this Privacy Policy we’ll refer to our websites as “Services.” Please note that this Privacy Policy does not apply to any of our products or services that have a separate privacy policy. Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

Information We Collect

We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:

  • Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an otograph account to provide a username and email address–and that’s it. You may provide us with more information–like your name–but we don’t require that information to create an otograph account.
  • Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. Your public profile information is just that–public–so please keep that in mind when deciding what information you would like to include.
  • Content Information: Depending on the Services you use, you may also provide us with video or image files. We only need ear canal and ear drum information, it is unnecessary to include video or images that include recognizable facial features. You may also attach some basic demographic information to the video including: age, which ear, geographic location and some symptoms. If you contribute to our message boards and that post includes biographic information about you, we will have that information, and so will anyone with access to the Internet if you choose to publish the post publicly
  • Transaction and Billing Information: If you buy something from us–a subscription to an Otograph plan, or a test on “graph my ear”, for example–you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
  • Communications: You may also provide us information when you respond to surveys, communicate with our Happiness Engineers about a support question, or post a question about your site in our public forums.

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services–for example, when you create or make changes to your account on Otograph.com.
  • Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site using our Otograph.com –in other words, who did what, when and to what thing on a site (e.g., [Otograph.com username] deleted “[title of post]” at [time/date]).
  • Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.
  • Interactions with Other Users’ Sites: We collect some information about your interactions with other users’ sites while you are logged in to your account with us, such as your “Likes” and the fact that you commented on a particular post, so that we can, for example, recommend posts we think may interest you. As another example, for message board users, we collect information about the comments you make while logged in to your account.
  • Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. Otograph may use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads.

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you create or log into your Otograph.com account through another service (like Google) or if you connect your website or account to a social media service (like Twitter), we will receive information from that service (such as your username, basic profile information, and friends list) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available. We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.

How And Why We Use Information

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

  • To provide our Services–for example, to set up and maintain your account, host your website, backup and restore your website, or charge you for any of our paid Services;
  • To further develop and improve our Services–for example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Otograph and others, which may result in us declining a transaction or the use of our Services;
  • To communicate with you, for example through an email, about offers and promotions offered by Otograph and others we think will be of interest to you, solicit your feedback, or keep you up to date on Otograph and our products; and

Legal Bases for Collecting and Using Information

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that: (1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a paid plan; or (2) The use is necessary for compliance with a legal obligation; or (3) The use is necessary in order to protect your vital interests or those of another person; or (4) We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or (5) You have given us your consent–for example before we place certain cookies on your device and access and analyze them later on.

Sharing Information

How We Share Information

We do not sell our users’ private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

  • Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
  • Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, and customer chat and email support services that help us communicate with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers), and companies that make products available on our websites), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
  • Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request.
  • To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Otograph, third parties, or the public at large.
  • Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Otograph goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
  • With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your site through our Publicize feature.
  • Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
  • Other Site Owners: If you have an Otograph account and leave a comment on a site that uses our Services, your IP address and the email address associated with your Otograph.com account may be shared with the administrator(s) of the site where you left the comment.
  • Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

Information Shared Publicly

Information that you choose to make public may be disclosed publicly. That means, of course, that information like your public profile, posts, other content that you make public, and your “Likes” and comments on other websites, are available to others. We may post them to other social media applications, but will not include any identifying information if we do. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.

How Long We Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it and we are not legally required to continue to keep it.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. To enhance the security of your account, we encourage you to enable our advanced security settings.

Choices

You have several choices available when it comes to information about you:

  • Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid, premium themes–may not be accessible.
  • Set Your Browser to Reject Cookies: At this time, Otograph does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using Otograph’s websites, with the drawback that certain features of Otograph’s websites may not function properly without the aid of cookies.
  • Close Your Account: While we’d be very sad to see you go, if you no longer want to use our Services you can send us an email to close your otograph account. Please keep in mind that we may continue to retain your information after closing your account -for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.

Your Rights

If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How to Reach Us to, well, find out how to reach us. EU individuals also have the right to make a complaint to a government supervisory authority.

How to Reach Us

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us through email.

Privacy Policy Changes

Although most changes are likely to be minor, Otograph may change its Privacy Policy from time to time. Otograph encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice. Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.

Terms of Service

The following terms and conditions (“Terms”) govern all use of the theotograph.com; myotograph.com and earcheck.org websites and all content, services, and products available at or through the websites (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Otograph, LLC’s Privacy Policy) and procedures that may be published from time to time by Otograph, LLC (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. We currently only provide our services to customers in the United States, and do not condone the use of our Services in other localities.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Otograph, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services requires a registered Account on one of our websites (theotograph.com; myotograph.com; or earcheck.org). You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

  1. Our Websites
  • Your Account. You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Otograph of any unauthorized uses of your blog, your account, or any other breaches of security. Otograph will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you comment on a message board, post material to any one of our websites, post links, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our websites, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to Otograph for inclusion on your website, you grant Otograph a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the. This license allows Otograph to make publicly-posted content available to third parties selected by Otograph so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you submit a request for removal of Content, Otograph will use reasonable efforts to remove it from our websites, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Otograph has the right (though not the obligation) to, in Otograph’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Otograph’s reasonable opinion, violates any Otograph policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Otograph to any individual or entity for any reason. Otograph will have no obligation to provide a refund of any amounts previously paid.
  1. Responsibility of Visitors.

Otograph has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Otograph does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Otograph disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

  1. Fees, Payment, and Renewal.
  • Fees. Some of our Services are offered for a fee — such as “graph my ears”, while other Services may be free with optional paid upgrades, such as a Otograph plan (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
  • Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
  • Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Otograph annual plan, you will be charged each year.
  • Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
  • Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
  1. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Otograph links, and that link to Otograph. Otograph does not have any control over those non-Otograph websites, and is not responsible for their contents or their use. By linking to a non-Otograph website, Otograph does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Otograph disclaims any responsibility for any harm resulting from your use of non-Otograph websites and webpages.

  1. Copyright Infringement and DMCA Policy.

As Otograph asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Otograph violates your copyright, you are encouraged to notify Otograph in accordance with Otograph’s Digital Millennium Copyright Act (“DMCA”) Policy. Otograph will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Otograph will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Otograph or others. In the case of such termination, Otograph will have no obligation to provide a refund of any amounts previously paid to Otograph.

  1. Intellectual Property.

This Agreement does not transfer from Otograph to you any Otograph or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Otograph. The otograph, Otograph, my otograph, “graph my ears” and the Otograph logo, and all other trademarks, service marks, graphics and logos used in connection with Otograph or our Services, are trademarks or registered trademarks of Otograph or Otograph’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Otograph or third-party trademarks.

  1. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  1. Termination.

Otograph may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Otograph account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of Warranties.

Our Services are provided “as is.” Otograph and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Otograph nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

  1. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the District of Columbia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts holding jurisdiction over the District of Columbia.

  1. Limitation of Liability.

In no event will Otograph, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Otograph under this Agreement during the twelve (12) month period prior to the cause of action. Otograph shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

All content found on theotograph.com and its affiliates, including: text, images, audio, or other formats were created for informational purposes only. The content is not intended to diagnose any medical condition or to replace your healthcare professional, nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never make medical decisions solely on the information presented on this site. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

If you think you have a medical emergency, call your doctor or 911 immediately. Do not rely on electronic communications or communication through this website for immediate, urgent medical needs. This website is not designed to facilitate medical emergencies.

  1. Health Content

Otograph does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on theotograph.com. Reliance on any information provided by theotograph.com, its employees, contracted writers, or medical professionals presenting content for publication to theotograph.com is solely at your own risk.

theotograph.com website and its affiliates do not provide medical advice.

Some information on the site is written by health care providers, and some content is provided by outside sources.

The content of this website, such as graphics, images, text and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition.

Otograph assumes no duty to correct or update the website nor to resolve or clarify any inconsistent information that might be a part of the website. This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment. Users should not rely up this website for emergency medical treatment. The content on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow their advice without delay regardless of anything read on this website.

Use of programs on theotograph.com website does not establish a doctor–patient relationship.

You assume full responsibility for using the information on this site, and you understand and agree that otograph is not responsible or liable for any claim, loss or damage resulting from its use by you or any user.

  1. Liability Release for use of ear endoscope

This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”), made voluntarily and acknowledged by accepting the terms and conditions agreement. It is agreed to on behalf of the user acknowledging the agreement as well as any heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, “Releasor” or “user”), which terms shall also include Releasors parents or guardian if the Releasor is under 18 years of age.

Agreement to Release acknowledges fully that there are dangers and risks inherent to the placement of any object in an ear canal. To use portions of this website the Releasor may choose to use an endoscope placed in the ear canal, it is understood this is a choice and not compelled or required by otograph llc. Should the user choose to use an ear endoscope it is acknowledged this is done despite the understanding of possible risks and dangers including health risks, and this is done willingly. These risks include but are not limited to: ear canal trauma, ear canal infection, otitis externa, ear canal stenosis, pain, discomfort, psychological trauma, further impaction of cerumen (ear wax) requiring intervention by a medical professional, damage to the ear drum, perforation of the ear drum, disruption of the ossicular chain, permanent hearing loss or deafness, cerebrospinal fluid leak, meningigits, facial weakness or paralysis, taste disturbance, or cholesteatoma. By agreeing to these terms of service, the Releasor agrees to assume and take on myself all of the risks and responsibilities in any way arising from or associated with using an ear endoscope, and releases the otograph and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Activity, including any injury or harm to the user, death, or damage to the user’s property (collectively “Liabilities”), and agrees to defend, indemnify, and save Releasees harmless from and against any and all Liabilities.

The Releasor, voluntarily assumes all risk of personal injury or death sustained during the use of an ear endoscope or this site. Further the Releasor recognizes that this Release means giving up, among other things, all rights to sue Releasees for injuries, damages or losses incurred. It is also understood that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as the Releasor. It also affirms that the user or Releasor has adequate medical or health insurance to cover any medical assistance that may result from use of the otograph or ear endoscopes. It is affirmed that the user or Releasor is personally responsible for all costs associated with medical treatment, vehicular damage, equipment damage, or property damage that  may be incurred. Further, it is agreed that the user will not participate or utilize theotograph.com unless medically able.

  1. General Representation and Warranty.

You represent and warrant that your use of our Services:

  • Will be in strict accordance with this Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.
  1. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Otograph reserves the right to terminate accounts or access of those in the event of a breach of this condition.

  1. Indemnification.

You agree to indemnify and hold harmless Otograph, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

  1. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

  1. Miscellaneous.

This Agreement constitutes the entire agreement between Otograph and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Otograph, or by the posting by Otograph of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Otograph may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.