Movebooth creates branded digital animated GIFs of your attendees with immediate social sharing. But the capabilities and benefits for brands and marketers go much deeper, giving access to real-time analytics and event data.
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Movebooth Terms of Service
Last Modified April 25, 2017
Movebooth reserves the right to modify or replace these Terms at any time by updating this document and providing notice on the Site for a reasonable period of time. By using or accessing the Site or the Services, you agree to be bound by the current version of Terms as posted on the Site.
1. Use of Services and Eligibility
(a) Subject to your full compliance with these Terms, Movebooth hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site, the Applications, and the Services as contemplated herein.
(b) Movebooth reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site or the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Movebooth may, in its sole discretion, refuse access to any person.
(c) Movebooth reserves the right to terminate your use of the Site and the Services at any time and without notice.
(d) By using our Services, you represent that:
(i) you are at least 18 years of age (or between 13 and 17 years of age with parent or guardian permission);
(ii) you have the legal authority and capacity to enter into this agreement;
(iii) all information that you submit through any of the Services is accurate, truthful, and complete in all respects;
(iv) you have never been banned from the Services or the Site previously; and
(v) you will only use the Services in a manner that is legal in your jurisdiction.
2. Photo Services and Photos
(a) If you provide for the operation or management of the Services, including the Applications, at any event of any kind (an "Operator User"), you represent and warrant that:
(i) you will obtain all releases, waivers, approvals and other consents necessary (1) for any User to access and use the Photo Features, (2) to upload and publicly display without restriction any and all photos taken through the Photo Features (the "Photos") onto the Site and (3) for Movebooth and other Users to host, transfer, display, perform, reproduce, distribute, modify and otherwise use the Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof), in connection with the Site, the Applications, the Photo Features, and the other Services, including (but not limited to) promoting, advertising and redistributing part or all of the Services, including derivatives, in any fashion whatsoever; and
(ii) you will ensure that any User using the Photo Features or the Applications is eligible to use such Services in accordance with these Terms and all applicable laws, rules and regulations, including rules governing any venue in which the event is hosted. If you believe for any reason that any of the Users may not be so eligible to use the Services, then you acknowledge and agree, among other things, to use the backend administrative tools available through the Operator User web application (the "Admin Tools") or other method to restrict access to the Photo Features and Application.
(b) If you are a User using the Photo Features or the Applications, you hereby (1) waive any right of publicity or likeness that you may have with respect to your Photos (whether arising under statute, common law, or otherwise) and (2) approve and consent to (i) the uploading and public display without restriction of your Photos onto the Site and (ii) the hosting, transferring, displaying, performing, reproduction, distribution, modifying and otherwise exploiting of your Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof) by Movebooth, in connection with the Site, the Applications, the Photo Features and other Services, including (but not limited to) promoting, advertising and redistributing part or all of the Services, including derivatives, in any fashion whatsoever.
(c) After a Photo is uploaded to the Site, Users may receive a link to the public posting of the Photo. You may share or post that link including through text, email and any social network subject to compliance with these Terms and all applicable laws, rules and regulations. You shall be solely responsible for compliance with these Terms or any such applicable laws, rules and obligations and Movebooth shall have no liability or obligation to you or any other User regarding any such Photos or links.
(d) You agree to waive, and hereby do waive, any legal, moral, equitable, or other rights in and to the Photos.
3. Prohibited Conduct and Content
(a) You agree not to, and not to assist anyone to:
(i) impersonate any other person, entity, organization, or company when using the Services;
(ii) use the Services for any purpose that is illegal or prohibited by rule or regulation in any jurisdiction;
(iii) use bots to access the Applications or Sites;
(iv) use the Services for unauthorized commercial purposes or solicitation;
(v) make unauthorized copies of any of the Services or the content posted therein;
(vi) disrupt, index, hack, decode, decompile, or reverse engineer any portion of the Services; or
(vii) intimidate, harass, stalk, or degrade any other User or third party.
(b) You agree not to create or share Photos or any other content that:
(i) violates or infringes upon any other person's intellectual property, privacy, publicity, or other rights;
(ii) is illegal, harassing, abusive, harassing, threatening, derogatory, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Movebooth in its sole and absolute discretion; or
(iii) includes anyone's sensitive or confidential information.
4. Movebooth Intellectual Property
(a) You acknowledge and agree that intellectual property used throughout the Services is property of its respective owners and that no license, assignment, or sale of intellectual property has been offered to you. In addition, Movebooth's intellectual property is protected by United States and international copyright, trademark, and patent rights. You agree not to use any of the intellectual property associated with the Services, or any derivatives thereof, including the name "Movebooth," for any purpose other than those expressly permitted in these Terms. Movebooth reserves all rights to its intellectual property.
5. Copyright Infringement by Users
(a) Movebooth takes copyright infringement seriously. You agree not to post, share, or upload any copyrighted material without the proper legal authority to do so. This includes the taking of Photos that use the likeness of people who have not given permission for their likeness to be shared. If you believe that your copyrighted work has been posted on the Site in a manner that constitutes copyright infringement, please provide our DMCA Copyright Agent (at the address below) with the following information:
(i) a specific description of the copyrighted work that you claim has been infringed, including a location within the Site;
(ii) your address, telephone number, and email address;
(iii) a written statement indicating that you have a good faith belief that the disputed use is not authorized by the owner;
(iv) a statement made by you under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(v) an electronic or physical signature of the person authorized to act on behalf of the copyright owner.
(b) Notice of claims of copyright infringement must be provided to the Movebooth DMCA Copyright Agent at the following address via certified mail: Brice Gramm, Movebooth, LLC, P.O. Box 531122, Orlando, FL 32853
6. User Content
(a) The Services permit Users to post Photos, .gif files, images, text, and other content (collectively, "User Content"). By uploading, providing, posting, distributing or disseminating any User Content to or through the Services in any manner whatsoever, you hereby grant to Movebooth a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully sublicensable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise use such User Content (and any copyrights, publicity, database and other proprietary rights therein), for any purposes whatsoever. You further agree that Movebooth is not required to give you credit or compensation of any kind for the use of your User Content.
(b) You are solely responsible for your User Content (including any Photos) and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that you:
(i) are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Movebooth and all Users to use and distribute your User Content as provided for in these Terms;
(ii) will not post any User Content that infringes, violates, or misappropriates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(iii) will not post any User Content that slanders, defames, or violates the right of privacy, publicity or other rights of any person or entities; and
(iv) will not post any User Content that contains any viruses, adware, spyware, worms, or other malicious code or any content or file that violates or enables others to violate these Terms.
(c) Movebooth enables Users to freely share User Content, and as such, you may be exposed to User Content that you find offensive or undesirable. You agree to release and hold harmless Movebooth from any and all liability or damages incurred by viewing or accessing User Content.
(d) Movebooth does not endorse any User Content. Opinions contained in User Content are solely the opinions of the Users who posted such User Content.
(e) Content (including Photos) may be deleted or removed from the Site at any time and without notice. Under no circumstance will Movebooth be liable to you, any User, or any third party for the removal or deletion of any Photo.
7. Additional Agreements
(a) As an Operator User, you will also be bound by an additional Master Service Agreement. In the event of a conflict between the Master Service Agreement and these Terms, the terms of the Master Service Agreement will control.
(b) You will be subject to any additional posted policies, guidelines or rules applicable to the Services, which may be posted from time to time and are subject to change. All such policies are hereby incorporated by reference into these Terms.
(a) You agree to indemnify, defend, and hold harmless Movebooth from and against any and all claims, losses, damages, liabilities, or other costs arising from, or related to, (i) your use of the Services, (ii) your use of or taking Photos, (iii) your posting of User Content, and (iv) your breach of these Terms. In the event of any indemnification obligation, you agree that Movebooth shall be entitled to control any ensuing litigation.
9. LIMITATION OF LIABILITY
(a) YOU AGREE TO USE THE SERVICES, USER CONTENT, AND INTERACT WITH OTHER USERS SOLELY AT YOUR OWN RISK. YOU AGREE THAT MOVEBOOTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOVEBOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES, USER CONTENT, OR INTERACTION WITH OTHER USERS. NOTWITHSTANDING THE PREVIOUS SENTENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MOVEBOOTH, ITS AFFILIATES, OWNERS, AND EMPLOYEES (COLLECTIVELY, "AFFILIATES") FOR ANY CLAIM ARISING UNDER, OR RELATED TO, THESE TERMS SHALL BE LIMITED TO $200.00 USD.
10. NO WARRANTIES
(a) ALL ASPECTS OF THE SERVICES AND USER CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WHERE IS," AND "WITH ALL FAULTS" BASIS. MOVEBOOTH MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES OR USER CONTENT INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (III) THE QUALITY OR ACCURACY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES, INCLUDING PHOTOS, WILL MEET YOUR EXPECTATIONS.
(b) WITHOUT LIMITING THE GENERALITY OF THE ABOVE, MOVEBOOTH DOES NOT WARRANT THAT THE APPLICATIONS OR SITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT MOVEBOOTH WILL NOT BE RESPONSIBLE FOR ANY LOSSES SUFFERED FROM COMPATIBILITY ISSUES.
11. United States Export Controls
(a) You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision and any violation may result in immediate termination of your access to the Services.
12. Dispute Resolution
(a) Any dispute arising between Movebooth and any User will be settled by arbitration in Orange County, Florida administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A single arbitrator shall be chosen by the parties in good faith, or if they cannot so agree, by the American Arbitration Association. The prevailing party shall be entitled to recover its reasonable legal expenses in pursuing the arbitration and mediation.
(b) Notwithstanding Section 12(a) of this Agreement, any dispute involving the protection of intellectual property (including, without limitation, any dispute arising under Section 4 of these Terms) or tortious interference with a business practice may be brought in any court having jurisdiction over the matter.
13. Additional Terms
(a) Mobile and data charges may apply when using the Services. You agree to be solely responsible for such charges.
(b) These Terms shall be governed by the laws of the State of Florida without regard for the conflict of laws. You agree that any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts sitting in Orange County, Florida.
(c) These Terms represent the complete and final understanding between you and Movebooth with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, including previous versions of these Terms. Notwithstanding anything to the contrary herein, Operator Users will also be bound by a Master Service Agreement.
(d) If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited the minimum extent necessary so that the remainder of this Agreement may be enforced to the maximum extent possible.
(e) The failure or delay of the parties to exercise any right under this Agreement shall not be deemed a waiver of such right.
(f) This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Movebooth without restriction or notice.
(g) Movebooth uses varying technologies to receive and store certain personally non-identifiable information. Movebooth may use such information to gain general insight and data regarding the generic use of our Services, including but not limited to Application and Site usage and user interactions with our Services. Movebooth may also use this personally non-identifiable information in connection with services provided by third parties or in connection with business transactions with current or potential affiliates and/or business partners.
Last Modified April 25, 2017
1. Information We Collect
(a) We may collect the following Information from you when you use the Services or interact with Company:
(i) Information you submit when using the Services. This encompasses all information you submit when taking photos or using the Company's photo booths. This may include your name, photograph, zip code, email address, phone number, twitter username, and other contact information. In addition, we may collect non-personally identifiable information, such as general demographic information.
(ii) Registration information. If you are a Company client providing photo booth services (an "Operator User"), we will collect information about your business when you register for access to the Services. This may include your name, email address, contact information, phone number, social media information, and business information.
(iii) Information provided by third parties. We may collect information about you from sources other than you, such as from social media websites (such as Twitter), blogs, other users and our business partners.
(iv) Information automatically collected. We may automatically collect information about how you use or interact with the Services, including browser information, referral page information, your IP address, details about your mobile device, and analytical information about how you interact with the Services.
(vi) Information you share when you contact us. If you contact us for customer support, technical support, or any other reason, we may collect the Information you share with us.
2. Use and Sharing of Information
(a) We may use your Information to:
(i) Facilitate the functionality of the Services, including taking photos and uploading them to channels on our website.
(ii) Distribute the photos and send you photos and other information as you request.
(iii) Contact you about your photos and your use of the Services.
(iv) Improve and optimize your experience while on the Services.
(v) Send occasional marketing, promotional, and informational emails or social media messages.
(b) We may share your Information:
(i) With the Operator User who organized the event at which your photo was taken.
(ii) To the extent required by law or legal process.
(iii) If we believe that doing so would prevent immediate, serious harm to a person.
(c) In addition, if you are an Operator User, we will use Information in order to provide you with access to the backend web application, customize channels, send you emails and promotional messages, and process payments and transactions that you have authorized. We may share your payment information with third party payment processors to facilitate these transactions.
(d) We will not share your Information with any advertisers or for any marketing purposes. However, Operator Users who receive your information may share Information with third parties. Please contact Operator Users at events you attend for more information regarding their planned use of Information.
4. Use by Children
(a) The Company does not knowingly collect Information from children under the age of 13. If we become aware that we have inadvertently received Information from a child under the age of 13, we will the Information from our records. Please contact us immediately if you believe we may have Information regarding a child under 13.
(a) We are committed to keeping your Information secure and private. To accomplish this, we utilize a number of electronic and physical security protocols. This includes encryption of certain Information. Please note that we may not encrypt all Information. In addition, we cannot guarantee that Information you share via the Services or with the Company cannot be accessed, altered or deleted. For this reason, you understand and agree that you transmit data, including Information, to the Company solely at your own risk.
6. Third Party Links
(a) When using the Services, you may encounter links to third party websites, applications, and downloads. We have no control over the third party content that may be encountered when navigating away from the Services. You understand and agree that, if you visit these third party links, you do so solely at your own risk.
7. Important Notice to Non-U.S. residents
8. Account Information
(a) You may correct your Information at any time by contacting us. To do so, please visit Movebooth.com
9. Promotional Information Opt Out
(a) You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
10. Your California Privacy Rights
(a) California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the Information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of Information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.
(b) If you are a California resident and would like to make such a request, please contact us directly by visiting Movebooth.com