BlabaBooth.com and its affiliated websites (“The Website”) are operated by Innovative FOTO and are self service, interactive, websites that allows customers to access their pictures and/or videos taken at the company’s photo kiosks over the internet.
This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the The Website. By using The Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the website) or you are a "Member" (which means that you have purchased a photo and the necessary unique password to download your pictures and/or videos). The term "User" refers to a Visitor or a Member. You are only authorized to use The Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave The Website immediately. If you wish to become a User and make use of the The Website, you must read this Agreement and indicate your acceptance during the Registration process.
Innovative FOTO may modify this Agreement from time to time, and without prior notice, and such modification shall be effective upon posting by Innovative FOTO on the Innovative FOTO Website. You agree to be bound to any changes to this Agreement when you use The Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the pictures and/or videos you post on the The Website. Your picture or video may not include the following items: telephone numbers, street addresses, last names, social security number and/or any photographs or videos containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Innovative FOTO assumes no responsibility or liability for this material. If you become aware of misuse of The Website by any person, please contact Innovative FOTO at info@BlabaBooth.com.
Innovative FOTO reserves the right, in its sole discretion, to reject, refuse to post or remove any Content or posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of The Website at any time, for any or no reason, with or without prior notice, and without liability.
2. Term.This Agreement shall remain in full force and effect while you use The Website. You may terminate your use of the The Website at any time, for any reason. Innovative FOTO may terminate your use of our site at any time, without cause or prior warning. All representations and warranties by you in this Agreement shall survive after your use of The Websitehas been terminated or discontinued.
3. Fees.You acknowledge that Innovative FOTO reserves the right to charge for The Website and for viewing or downloading picture and video content. Innovative FOTO reserves the right to change its fees from time to time at its discretion.
4. Non-commercial Use by Users.The Website is for the personal use of our customers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved, in advance, by Innovative FOTO. Illegal and/or unauthorized use of The Website, including collecting usernames and/or email addresses of customers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the The Website is strictly prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of The Website.
5. Proprietary Rights.
(a) Innovative FOTO does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you or other Users post to The Website(the "User Content"). After posting your User Content to The Website, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to any rules and regulations imposed by Innovative FOTO with respect to The Website, or as otherwise imposed by applicable law. By displaying or publishing ("posting") any User Content on or through the The Website, you hereby grant to Innovative FOTO a limited, royalty free, license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through The Website. You also hereby grant each User of The Website a non-exclusive license to access your User Content through the The Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of The Website and under this Agreement.
(b) You represent and warrant that: (i) you own the User Content posted by you on or through The Website or otherwise have the right to grant the license set forth in this section, (ii) for all User Content posted by you which includes any other person, you have received permission from such person(s) to post the User Content, and (iii) the posting of your User Content on or through The Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to indemnify and hold Innovative FOTO harmless, for any losses, claims, or damages incurred by Innovative FOTO as a result of any breach of the representations and warranties made herein.
(c) The Website contains Content of Innovative FOTO ("Innovative FOTO Content"). Innovative FOTO Content is protected by copyright, trademark, patent, trade secret and other laws, and Innovative FOTO owns and retains all rights in the Innovative FOTO Content and The Website. Innovative FOTO hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Innovative FOTO Content (excluding any software code) (i.e., non-commercial use) in connection with viewing and using The Website.
(d) The Website contains User Content of other Users and Content of other licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through The Website. You understand that when using The Website, you will be exposed to Content from a variety of sources, and that Innovative FOTO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Innovative FOTO.
(e) The Website may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Innovative FOTO, and we are not responsible for any Third Party Sites accessed through The Website or any Third Party Content posted on, available through or installed from The Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave The Website and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from The Website or relating to any applications you use or install from the site. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
6. User Content Posted.
(a) Innovative FOTO may delete any User Content that in the sole judgment of Innovative FOTO violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. While Fantasy will monitor The Website daily, Innovative FOTO assumes no responsibility for monitoring for inappropriate Content or conduct of any User, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. Innovative FOTO reserves the right to delete photos and video after a certain time period. The current policy is to delete unclaimed videos after 9 months.
(b) You are solely responsible for the User Content that you post on or through any of The Website, and any material or information that you transmit to other Users and for your interactions with other Users. Innovative FOTO does not endorse the User Content. User Content may not be reviewed by Innovative FOTO prior to posting and does not reflect the opinions or policies of Innovative FOTO. You understand that whether or not such User Content is posted, Innovative FOTO does not guarantee any confidentiality with respect to any User Content. Innovative FOTO makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users.
7. User Content/Activity Prohibited.The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through The Website. Innovative FOTO reserves the right to investigate and take appropriate legal action against anyone who, in Innovative FOTO's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities (if so required), removing the offending User Content from The Website and terminating the The Websiteaccount of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Innovative FOTO:
(a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) provides any telephone numbers, street addresses, last names, social security numbers, URLs or email addresses;
(g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(m) involves commercial activities and/or sales without our prior written consent;
(n) includes a photograph of another person that you have posted without that person's consent;
(o) criminal or tortious activity, including, without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(p) advertising to, or solicitation of, any User to buy or sell any products or services through The Website. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the The Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Innovative FOTO reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which Innovative FOTO deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through The Website, you acknowledge that you will have caused substantial harm to Innovative FOTO, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree that Innovative FOTO shall be entitled to charge your credit card $50.00 for each such unsolicited email or other unsolicited communication you send through The Website;
(q) covering or obscuring the banner advertisements on your personal profile page, or any Innovative FOTO page via HTML/CSS or any other means;
(r) any automated use of the system, such as using scripts to add friends or send comments or messages;
(s) interfering with, disrupting, or creating an undue burden on The Website or the networks or services connected to the The Website;
(t) attempting to impersonate another User or person;
(u) using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
(v) selling or otherwise transferring your profile;
(w) using any information obtained from The Website in order to harass, abuse, or harm another person;
(x) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the The Website on behalf of that person; or
(y) using The Website in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy.You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Innovative FOTO to terminate the account and use privileges of any User who infringes the copyright rights of others. When we receive proper Notification of the alleged copyright infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers in accordance applicable law, including, the Digital Millennium Copyright Act (“DMCA”).
(a) Notification of the Alleged Copyright Infringement.
If you believe that your own copyrighted work is accessible on The Website in violation of your copyright, you may provide our Copyright Agent with a written communication (the “Notification”) with the following information (please see 17 U.S.C §512(c)(3) for further detail):
(i) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
(ii) Identify the URL or other specific location on The Website that contains the material that you claim infringes your copyright described above.
(iii) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
(iv) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(v) Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
(vi) Include your name, mailing address, telephone number and email address.
You may submit your Notification of the alleged copyright to our Copyright Agent by fax, mail, or e-mail as set forth below:
Innovative FOTO Copyright Agent
8A Industrial Way
Salem, NH 03079-2837
Toll Free: (800) 933-2682
Telephone: (603) 324-3240
Fax: (603) 879-9200
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that Content on The Website is copyright infringing. Filing a false Notification of copyright infringement constitutes perjury.
Upon receiving a proper Notification of the alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
(b) Counter Notification.
If you believe your own copyrighted material has been removed from The Website as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Copyright Agent with the following information (please see 17 U.S.C. §512(g)(2) and (3) for further detail):
(i) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
(ii) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
(iii) A statement that you will accept service of process from the party that filed the Notification of the alleged copyright infringement or the party's agent.
(iv) Your name, address and telephone number.
(v) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(vi) Your physical or electronic signature. owner or that you are authorized to act on the copyright owner's behalf.
You may submit your Counter Notification to our Copyright Agent by fax, mail, or e-mail as set forth below:
Innovative FOTO Copyright Agent
8A Industrial Way
Salem, NH 03079-2837
Toll Free: (800) 933-2682
Telephone: (603) 324-3240
Fax: (603) 879-9200
If a Counter Notification is received by the Copyright Agent, Innovative FOTO may send a copy of the Counter Notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Innovative FOTO’s sole discretion.
Please note that if you materially misrepresent that the disabled or removed Content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Notification and Counter Notification must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
9. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about The Website("Submissions"), provided by you to Innovative FOTO are non-confidential and shall become the sole property of Innovative FOTO. Innovative FOTO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. User Disputes.You are solely responsible for your interactions with other Innovative FOTO Users. Innovative FOTO reserves the right, but has no obligation, to monitor disputes between you and other Users.
12. Disclaimers.Innovative FOTO is not responsible for any incorrect or inaccurate Content posted on The Website, whether caused by Users of The Website or by any of the equipment or programming associated with or utilized in The Website. Innovative FOTO takes no responsibility for third party advertisements which are posted through The Website, nor does it take any responsibility for the goods or services provided by its advertisers. Innovative FOTO is not responsible for the conduct, whether online or offline, of any User of The Website. Innovative FOTO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Innovative FOTO is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of The Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with The Website. Under no circumstances shall Innovative FOTO be responsible for any loss or damage, including personal injury or death, resulting from use of The Website, from any Content posted on or through The Website, or from the conduct of any Users of The Website, whether online or offline. The Website are provided "AS-IS" and as available. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Innovative FOTO AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Innovative FOTO cannot guarantee and does not promise any specific results from use of The Website. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
13. Limitation on Liability.IN NO EVENT SHALL INNOVATIVE FOTO, OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF INNOVATIVE FOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, INNOVATIVE FOTO ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF INNOVATIVE FOTO ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. NO CLAIM MAY BE MADE AGAINST INNOVATIVE FOTO FOLLOWING THE COMPLETION OF THE SIXTIETH (60th) DAY AFTER THE USER’S USE OF THE WEBSITE WHICH LED TO THE CLAIM OR LOSS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. U.S.Export Controls.Software available in connection with The Website (the "Software") is further subject to United States export controls. No Software may be downloaded from The Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Jurisdictional Issues.If there is any dispute about or involving The Website, you agree that the dispute shall be governed by the laws of the State of New Hampshire, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Hampshire.
16. Indemnity.You agree to indemnify and hold Innovative FOTO, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of The Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on any Innovative FOTO Website or through The Website causes Innovative FOTO to be liable to another.
17. Other.This Agreement is accepted upon your use of The Website and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Innovative FOTO regarding the use of The Website. The failure of Innovative FOTO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Innovative FOTO is a trademark of Innovative FOTO. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@BlabaBooth.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.