This website (Website) is owned and operated by [Lachlan Moore and Marija Ivkovic trading as Photobooth][Photobooth Pty Ltd ACN 125 316 127] (we, our or us).
How photobooth™ works
We let a portable photographic booth (photobooth™) to clients who want to provide a facility for people to take photos at an event, shop etc. The people may be patrons at the event, visitors to the shop etc.
We do not charge people to have their photo taken and we make the photos available free of charge for viewing at the Website. However, to view images you must register on the Website.
There are a few key conditions:
- obviously there is a camera in each photobooth™ so don’t do anything illegal or that you wouldn't want others to see
- we own copyright in all photos taken in photobooth™
- we may (or may not!) publish any photo on the Website
- we may use the photos for promotional and marketing purposes
- we may also use your registration details for promotional and marketing purposes
- we may also provide those photos or details to third parties (including the event organiser)
These terms and conditions set out the relationship between us and you regarding your use of photobooth™ and your access to and use of the Website and Services (as defined below).
By submitting the registration information we require and clicking on the "I Accept" button at the bottom of these terms and conditions , you create an agreement (Agreement) under which you agree to be bound by these terms and conditions as amended from time to time. In return, we agree to allow you to view photos posted on the Website (Services).
If you do not agree with these terms and conditions please do not register on the Website.
Unless otherwise specified, the Services are offered only in Australia and this Website is displayed solely for purposes of promoting the Services in Australia.
The following documents are incorporated into these terms and conditions by reference (and form part of the Agreement).
Registration and access
To view photos you must register with us online by providing us with a unique email address and unique (as to us) username, along with other accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Website, and may not be able to contact you. In dealing with us, you may not impersonate another person or misrepresent your authority to act on behalf of others.
We may reject any proposed user email or user name for any reason but shall not be liable for failing to do so. You must keep your password confidential. You agree to be solely responsible for the selection, use and safekeeping of your user name and password, including any use by any third party.
We reserve the right to deny you access to the Website, terminate accounts, remove or edit content, or cancel transactions at any time, either temporarily or permanently, for any reason in our sole discretion, including our determination that you have failed to abide by the terms of the Agreement or appear likely to us to do so.
By granting you access to the Website at any time we do not obligate ourselves to do so at any other time, or to maintain the Website in any form or continue to provide the Services. We expressly reserve the right to modify, suspend, or terminate your access or use privileges.
You agree and understand that we may, as we see fit and without any prior notice, close the Website, discontinue any Services, or delete any content.
To the maximum extent permitted by law we reserve the right to not publish any photo or other content that:
- violates any law, regulation, or rule, including any employment, labour, anti-discrimination, harassment, trade practices, unfair trading or privacy law;
- is libellous, defamatory, slanderous or seditious; or
- incites, encourages, or threatens immediate physical harm against, or presents an immediate and genuine danger to, another person or entity.
Copyright and trade marks
Unless otherwise indicated, we reserve all copyright in the content and design of this Website (including all photos displayed on it). We own all such copyright or use it under licence or applicable law.
- Unless permitted under the Copyright Act 1968 (Australia), you must not in any form or by any means:
- otherwise copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Website;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Website which can be accessed through the Website; or
- use or apply, for commercial purposes any material or information on the Website, without our prior written consent.
We reserve all rights in each photo. Registering to view a photo does not give you any licence to copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from that photo, unless permitted under the Copyright Act 1968 (Australia).
All rights in and to data and material generated by or on the Website is owned by us, except data or material provided by third parties pursuant to separate agreements with us may be owned by the respective third party provider. In the latter case, you agree to comply with such provider’s terms and conditions of use. We may retain, use or transfer such data or material as we see fit.
Photobooth and photobooth™ are our trade marks and all other trade marks, brands and names appearing on the Website are the property of their respective owners (which may be us). Nothing contained on the Website is intended to grant any express or implied right for you to use or exploit any patent, copyright, trade mark or trade secret information.
Release and indemnity
You release us from any claims, demands, damages, losses, or expenses (including legal fees on full indemnity basis) you may have in connection with your use of photobooth™ or your access to or use of the Website or Services.
You must indemnify and keep indemnified us, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (Indemnified Persons) from any claims, demands, damages, losses, or expenses (including legal fees on full indemnity basis), made by any third party due to or arising out of any one or more of the following:
- any use of photobooth™,
- any access to or use of the Website or Services by you or any third party using your registration;
- any breach of the Agreement by you;
- any infringement by you of any intellectual property or other right of any person or entity.
If any Indemnified Person invokes this clause, it may, in its sole and absolute discretion, control the conduct of the matter at your sole cost and expense and you may not settle, compromise, or in any other manner dispose of the matter without the prior written consent of that Indemnified Person.
Exclusion of liability and overall disclaimer
To the maximum extent permitted by law, we exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to the use of photobooth™ or any access to or use of the Website or Services.
To the maximum extent permitted by law, we exclude all liability arising from or relating in any way to the use of photobooth™ or any access to or use of the Website or Services (including liability for any act or omission on our part) for any special, indirect, consequential or incidental damages, including, damages for loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if we have been expressly advised of the possibility of such loss or damages.
No advice or information, whether oral or written, obtained by you from or through your use of photobooth™ or any access to or use of the Website or Services creates any warranty not expressly made in these terms and conditions.
We provide photobooth™ and the Website and Services on an "as is" and "as available" basis. You expressly agree that your use of photobooth™ and the Website and Services is at your sole risk. We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of photobooth™ or access to or use of the Website or Services. You must take your own precautions to ensure that whatever you select for your use from this Website is free of defects, viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system. We do not warrant that your use of photobooth™ or any access to or use of the Website or Services will be uninterrupted or error free or that any defects will be corrected.
To the maximum extent permitted by law, we expressly disclaim any implied or express representations or warranties of any kind relating to the use of photobooth™ or any access to or use of the Website or Services, including any representations or warranties that photobooth™ or any access to or use of the Website or Services will:
- be of merchantable quality or fit for a particular purpose;
- not infringe any rights (including intellectual property rights) of any third party;
- be uninterrupted;
- be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system;
- meet your requirements; or
- operate in the configuration or with other hardware or software that you use.
Except as expressly provided in the following sentence, in no event will our liability in connection with the Agreement, the Website or the Services exceed $100. Where any legislation implies in the Agreement any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in the Agreement, however, our liability for any breach of such term, condition or warranty will be limited, at our option, to any one or more of the following:
- (a) if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- (b) if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The Website may contain links to other websites. Links are provided for your convenience only and may not remain current or be maintained. We have no control over any website you may access from such links and have no responsibility for, and make no representations or warranties about, any other website which you may access through such a link or the safety, suitability or accuracy of any information appearing on that website. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those websites, or of any information, products or services referred to in those other websites unless specifically stated.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you register with us you will receive a registration name and password. You agree that your use of your registration name or password and any other use by you of the Website constitutes your electronic signature and authenticates your communications to us.
We may, as we see fit, for any reason or no reason at all, without liability to you or any third party, terminate your registration or your access to the Website or Services or the Agreement. If we exercise any such termination right we will send an e-mail to the e-mail address we then have with your registration details and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).
You may terminate your registration for any reason at any time by terminating it through the "Termination" feature on the registration page of the Website. If you exercise this termination right the Agreement will also terminate at the same time.
If your account is terminated, we may, as we see fit, delete any web sites, files, graphics or other content or materials relating to your use of photobooth™ or the Website or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use photobooth™ or the Website or Services.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to photobooth™ or the Website or the Services, including technological barriers and direct contact with your Internet Service Provider.
Your rights and obligations under the Agreement are governed by the law in force in Victoria, Australia from time to time.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
Limitations on use
Nothing contained in the Agreement derogates from our right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to that use. If we ask you to stop using the Website or to promptly return or destroy copies of information provided on the Website, you must immediately comply with that request.
Effective Date, Amendment and Severability
These Terms and Conditions are effective as of 19 March 2007. We may from time to time change this Website (including our fee schedule and these terms and conditions) by posting the amended terms and conditions to the Website. Your continued use of the Website or any services after any changes become effective date means you accept such changes. If you do not agree to any changes, you must not continue to use the Website or any services.
Except solely as provided in this paragraph, the Agreement may not be changed without the handwritten (non-electronic) signature of an authorised representative of photobooth™. If any provision of the Agreement is held unenforceable, the remaining portions shall remain in full force and effect.
The Agreement contains the entire understanding and agreement between you and us regarding photobooth™, and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.
We will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control, including a labour disturbance, an Internet outage or interruption of service, a communication outage, a failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
© 2007 Lachlan Moore and Marija Ivkovic, trading as photobooth™
photobooth™ is a trade mark of Lachlan Moore and Marija Ivkovic
[© 2007 Photobooth Pty Ltd. photobooth™ is a trade mark of Photobooth Pty Ltd.]
All rights reserved. Not to be reproduced without consent.