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Terms of Use​

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Last updated: 5/31/2023

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Photogenyc Booth, Inc. (“Photogenyc,” “we”, “us” or “our”) provides photo booth services for corporate and consumer events, including for graduations, private parties, and weddings. These Terms of Use are entered into by and between you and us, and together with our Privacy Policy, located at https://www.photogenycbooth.com/privacy-policy/, set forth the terms and conditions (collectively, “Terms”) that apply to your access and use of our digital or online properties or services that link to the Terms (including our website located at https://www.photogenycbooth.com/ (the “Site”) and our social media pages), as well as any products or services offered on or through the Site and our marketing activities, live events, and other activities (collectively, the “Services”). We may at times ask you to review and accept supplemental terms or sign waivers that apply to your interaction with a specific product or service.

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By using or accessing the Services you agree to these Terms, as updated from time to time in accordance with Section ‎8 below. If you do not want to agree to these Terms, you must not access or use the Services.

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These Terms state that any disputes between you and us must be resolved in small claims court.

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  • Acceptance.  To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) use the Services in compliance with any and all applicable laws and regulations. 

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  • Prohibited Conduct.  You agree not to:

    • Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation;

    • Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;

    • Post or upload any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

    • Interfere in any way with security-related features of the Services;

    • Interfere with the operation, or any user’s enjoyment, of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

    • Access, monitor or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; or

    • Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth.

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  • Third Party Content.  The Site may contain links to websites, mobile applications, and other online services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party, and we do not control websites, mobile applications or online services operated by third parties. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites, mobile applications or online services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third party websites, mobile applications or other online services.

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  • Intellectual Property.  The Services, including the Site and its entire contents and features (including all information, software, text, images, photos, GIFs, boomerangs, videos, audio, and designs), are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.  No materials from the Services may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Services.

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You may not access or use the Services for any commercial purposes, modify copies of any materials from the Services, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.  Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.  We intend to vigorously enforce our rights, including our intellectual property rights.  You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through the Site. 

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Our name, the term Photogenyc Booth, our logo and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You may not use such marks without our prior written permission.  

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  • License Grant for Virtual Booth.  By using our Virtual Booth product, including by uploading, providing, posting, distributing, or disseminating any content through the Virtual Booth product, you hereby grant us the unrestricted right and permission to license, use, reproduce, and distribute any captured media of you, including but not limited to photos, GIFs, videos, and boomerangs in which you may appear in whole or in part, in any country, at any time, in any media, for any purchase in any and all of our publications or web-based publications, without payment or other consideration, as well as the right to use your contact information for promotional purposes. As is described in the Privacy Policy, you may opt out of any marketing communications in the future.

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  • Reliance on Information Posted.  The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Services’ contents.

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  • Termination.  If you violate these Terms, your permission to use our Services will automatically terminate.  In addition, we, in our sole discretion, may suspend or terminate some or all of your access to the Services at any time, with or without notice to you.

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  • Modification of the Terms.  We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Services.  We will make reasonable efforts to notify you of any material changes to the Terms, including by updating the date of the Terms and posting a notice to our Site or by other means.  Such modifications and additional terms and conditions will be effective upon our posting the modified version (or as otherwise indicated at the time of posting).  Your continued use of the Services after the effective date of any modified Terms will be deemed acceptance of any modifications to the Terms.

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  • Disclaimers of Warranties.  OUR SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site or the Services, and there may at times be inadvertent technical or factual errors or inaccuracies.  YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR OWN RISK.  We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any damages that may result from your use of or access to our Site or Services.  We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site or the Services. 

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  • Limitation of Liability.  IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  Some of our Services may permit users to share content created through the Services (including but not limited to images, photos, videos, GIFs, and boomerangs) outside of the Site and the Services, including to other users, individuals or entities. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH ANY CONTENT THAT OUR USERS SHARE WITH OTHERS.

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Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations or the disclaimer of warranties in Section ‎9 may not apply to you.

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  • Indemnification.  You agree that you will be personally responsible for your use of our Services, and you agree to defend, indemnify, and hold harmless us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

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  • Governing Law.  These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.  Subject to Section ‎14, which provides that disputes are to be resolved in small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York, for the purpose of litigating all such disputes.

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  • Geographic Restrictions.  We provide the Services for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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  • Dispute Resolution.  In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we hereby agree to resolve disputes in small claims court if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court.  Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant such relief. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by the Terms. This provision shall survive the termination of the Terms.

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  • Modification of the Services.  We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.

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  • General. 

    • Entire Agreement.  These Terms, together with the Privacy Policy and any other agreement or waiver you enter into with us, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Services, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

    • No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

    • Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  

    • Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

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  • Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

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