SnapShotz Photobooth Rentals Los Angeles

TERMS OF SERVICE

1. WHAT IS COVERED BY THE TERMS OF USE (TOS)?
This is an agreement between you and LA Snapshotz, LLC.  This contract applies to any services, including updates, that display or link to this contract and that you use while this contract is in force.  All of the software or services are referred to in this contract as the “service.”
PLEASE NOTE THAT WE DO NOT PROVIDE WARRANTIES FOR THE SERVICE.  THIS CONTRACT ALSO LIMITS OUR LIABILITY.

2. ACCEPTANCE OF TERMS

By accessing and/or visiting our web site (including all content and functionality available through the snapshotzphotobooth.com domain), you agree to this contract (also referred to as “TOS” or “Agreement”).

By accessing the web site in any way, you are agreeing to comply with the TOS.  Our services will change from time to time, and accordingly, you understand that each time you access the web site, you are agreeing to comply with the most up to date TOS.

Should you object to any term or condition of the TOS, any guidelines, or any subsequent modification or become dissatisfied in any way, your only recourse is to immediately discontinue our services or accessing the snapshotzphotobooth.com web site.

3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon posting.  You must review this agreement on a regular basis to keep yourself apprised of any changes.  You can find the most recent version of the TOS at:

http://www.snapshotzphotobooth.com/terms-of-service

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

4.  CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, communications or other materials (”content”) posted on, transmitted through, or linked from the snapshotzphotobooth.com web site, are the sole responsibility of the parties from whom such content originated.  By allowing us to capture or record your image, by uploading content, by linking content, by recording content, or otherwise by transmitting content, you are agreeing to provide LA SnapShotz, LLC the unrestricted right to display, sell, e-mail, and distribute any portion of the content.

If content at an event was recorded or captured by a SnapShotz photobooth or kiosk, then you agree that the content taken inside or by the event photobooth or kiosk is to be available for online viewing, distribution, and purchase by the public.

You understand that LA SnapShotz, LLC does not control, and is not responsible for content, and that by using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the snapshotzphotobooth.com web site and content available through the service may contain links to other web sites, which are completely independent of LA SnapShotz, LLC.  LA SnapShotz, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such “linked” site.  Your linking to any other web sites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will LA SnapShotz, LLC be liable in any way for any content or for any loss, damage or remix of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the service.

YOU ACKNOWLEDGE THAT LA SNAPSHOTZ, LLC DOES NOT PRE-SCREEN OR APPROVE CONTENT, BUT THAT LA SNAPSHOTZ, LLC SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN ITS SOLE DISCRETION TO REFUSE, DELETE OR MOVE ANY CONTENT THAT IS AVAILABLE VIA THE SERVICE, FOR VIOLATING THE LETTER OR SPIRIT OF THE TOS OR FOR ANY OTHER REASON.

5.  NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to any email address affiliated with our service or through our computer systems is expressly prohibited.  Any unauthorized use is a violation of this contract as well as certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6.  LIMITATIONS ON SERVICE

You acknowledge that LA SnapShotz, LLC may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, or other Content that may be transmitted or stored by the service, and the frequency with which you may access the service. You acknowledge that LA SnapShotz, LLC reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that LA SnapShotz, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service unless otherwise agreed in writing.

7.  TERMINATION OF SERVICE

You agree that LA SnapShotz, LLC in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any sontent within the service, for any reason. Further, you agree that LA SnapShotz, LLC shall not be liable to you or any third-party for any termination of your access to the service.

Further, you agree not to attempt to use the Service after said termination.

8. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, LA SNAPSHOTZ, LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, LA SNAPSHOTZ, LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SNAPSHOTZPHOTOBOOTH.COM WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, LA SNAPSHOTZ, LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LA SNAPSHOTZ, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LA SNAPSHOTZ, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SNAPSHOTZPHOTOBOOTH.COM WEB SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SNAPSHOTZPHOTBOOTH.COM WEB SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SNAPSHOTZPHOTOBOOTH.COM WEB SITE OR THE SERVICE OR ANY LINKS ON THE SNAPSHOTZPHOTOBOOTH.COM WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SNAPSHOTZPHTOBOOTH.COM WEB SITE OR THE SERVICE OR ANY LINKS ON THE SNAPSHOTZPHOTOBOOTH.COM WEB SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

10. INDEMNITY

You agree to indemnify and hold LA SnapShotz, LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content made available through the service, your use of the service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

11.  GENERAL INFORMATION

The TOS constitute the entire agreement between you and LA SnapShotz, LLC and govern your use of the Service, superseding any prior agreements between you and LA SnapShotz, LLC.  The TOS and the relationship between you and LA SnapShotz, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions.  You and LA SnapShotz, LLC agree to submit to the personal and exclusive jurisdiction of the courts located in California.

The failure of LA SnapShotz, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.  If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties to the judicial proceeding, nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.  VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOS, by flagging the posting(s) for review, or by emailing to:

agent@snapshotzphotoboth.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LA SnapShotz, LLC to pursue legal action to enforce this contract, you will be liable to pay LA SnapShotz, LLC actual damages to the extent that such damages can be reasonably calculated.

LA SnapShotz, LLC retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this contract, or any combination thereof.