Terms For Customers
Terms For Members
General Terms & Conditions
Your use of this website whether as a user or as an operator indicates your acceptance of the Terms and constitutes a binding legal agreement between Photo Booth Talk (in the Terms “we”, “our” or “us”) and you.
If you do not agree to be bound and comply with the Terms then you may not access or use this website.
Amendment of Terms
We have the right, at our sole discretion, to modify, add or remove any part of the Terms without notice or liability to you. Any changes to the Terms shall be effective immediately following the posting of such changes on this website.
You agree to review the Terms from time to time and agree that any subsequent use by you of this website following changes to the Terms shall constitute your acceptance of all such changes.
The Terms and other relevant documents and agreements constitute the entire agreement between you and us with respect to the use of this website.
If you are a user by providing information on or through this website you grant us the right to add your personal information to our database. From time to time we may contact you about offers, new services and products. You can easily be removed by either unsubscribing via a link or email to us at email@example.com, and we will remove you from marketing communications.
Your Promises to Us
We prohibit any use of this website, and you agree not to use this website, for any purposes other than designated by us, including but not limited to:
- The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.
- Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure.
- If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
- Aggregating, copying or duplicating in any manner any of the website content or information available from this website.
- Framing of or linking to any of the website content or information available from this website.
- Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.
- Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this website any material that is unlawful or violates the rights of others.
- Engaging in any screen scraping or data acquisition and consolidation.
- Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that we create to generate any website content or the pages making up this website.
- Infringing the intellectual property rights of others in any way.
- Making any unauthorised commercial use of this website.
- Using users or operators contact details for any purpose other than for the purpose of this website.
Site Security Rules
You are prohibited from violating or attempting to violate the security of this website, including but not limited to:Accessing data not intended for such user or logging into a server or account which the user is not authorised to access.Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.Attempting to interfere with service to any user, operator, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”.Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability.We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users and operators who are involved in such violations.
Data you input into this website
You are solely responsible for the data and information that you input or upload to this website. You represent and warrant to us that the information you submit through this website is your own information and is complete, accurate and truthful.
Use of Website Information
The information contained on this website is for information purposes only. No guarantee or warranty is made and we offer no express or implied guarantee or warranty regarding the benefits or effectiveness of any information provided by or obtained from this website. We make no express or implied guarantee or warranty that you will find that the information obtained through or provided by this website will be satisfactory, complete, be of benefit, will be suitable for your own circumstances or that you will find suitable vendors or receive sales from your vendor listing on our site.
You are solely responsible for deciding whether this website and any of our information or information generated by it, is suitable for your purposes. Users and operators who use information provided by or through this website do so at their own risk, and we assume no responsibility or liability whatsoever for any actions taken by users or operators.We have no liability or responsibility to users or operators for the performance or non-performance of any activities in which users or operators engage through the information provided by us or engage with third parties with whom they come in contact through this website.
Nothing contained on this website is intended to provide advice, nor is it a substitute or replacement for advice. You are advised to consult with professionals with regard to any action you might undertake regarding the use of information on thiswebsite or provided by this website. Further, we are not liable for any damages sustained upon your reliance on the information contained on or received through this website.We are not responsible if information made available on this website is not accurate, reliable, complete, timely, or current, and we do not assume any responsibility for errors, inaccuracies, typographical errors or omissions. For all users and vendors, the content on this website represents the information as at the date of publication. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to you to check and confirm that details are recorded correctly.
Any reliance upon the information found on this site will be at your own risk. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.This website is only an information database and directory. We accept no responsibility for any agreements or contracts entered into by and between vendors and users. We cannot and do not verify or validate any references, written or otherwise, and accept no responsibility of any kind concerning the credentials or information claimed by operators. As a result,we have no control over the quality, safety or legality of information provided by operators from this website and/or from third parties or the truth or accuracy of any such information. You assume all risks associated with dealing with users, operators and third parties with whom you come in contact through this website and/or from information obtained through this website.We cannot and do not confirm that each user or vendor is who they claim to be. Because we do not and cannot be involved in user to vendor dealings or control the behavior of users or vendors, in the event that you have a dispute with a user or vendor, you release and indemnify us, our subsidiaries, affiliates, officers, directors, employees, agents, and partners, from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We appreciate hearing from vendors and users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
Login and Password
You are responsible for maintaining the confidentiality of your login information and password to this website. You shall be responsible for all uses of your logins, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login or password.
Benefit of Agreement Cannot be Transferred or Assigned
The benefit of your rights under the terms of this agreement may not be transferred or assigned without our consent which may be withheld at our absolute discretion..
Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on this website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statutory declaration by you that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
“Photo Booth Talk”, and any of our trademarks and trade names, and any variations thereof, are and shall remain our trademarks and trade names and our exclusive property. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
This website (including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics) is our property and is protected by copyright, trademark, and other laws. We reserve any rights not expressly granted to you.
You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of this website content on any other website or in a networked computer environment for any purpose is prohibited.
You use this website at your sole risk. This website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to this website or any feature of it at any time without notice and without reason.
We do not warrant that this website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of this website results in the need for servicing or replacing equipment or data, we are not responsible for those costs. We, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of this website, its content, services, software, text, graphics and links.
Limitation of liability
To the fullest extent permissible, you understand and agree that neither we or any of our subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use this website or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Disclaimer of consequential damages
In no event shall we or our directors, officers, members, employees, agents, representatives, suppliers, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
If you cause a technical disruption of the site or the systems transmitting the site to you or others you agree to be responsible for any and all liabilities, costs and expenses (including legal fees) arising from that disruption.
You agree to indemnify, and hold harmless Photo Booth Talk, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from:Your use of this website.
- Any material you provide to us through this website.
- Any website content that you use.
- Your breach of the Terms
- We shall provide notice to you of any such claim, suit, or proceeding and may at our option assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Breach of Agreement
We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this website and/or any other service provided to you by us, upon any breach by you of the Terms, or if we are unable to verify or authenticate any information you submit to this website.
Additional Terms and Conditions
We make no claims that the website content may be lawfully viewed or accessed in any specific jurisdiction. Access to the website content may not be legal by certain persons or in certain countries. If you access the website you are responsible for compliance with the laws of your jurisdiction.
Without limiting any of the other disclaimers of warranty set forth in the Terms, we do not provide or make any undertaking as to the quality or nature of the information obtained on this website or any other representation, warranty or guaranty.
We reserve the right at our sole discretion to remove any content from this website at any time, with or without warning or notice and without refund should information or action be deemed by us to be misleading, inappropriate or dishonest or if we are unable to verify or authenticate any information you submit to this website.
We reserve the right to, at our sole discretion, terminate the Terms and your access to and use of this website without refund:
- at any time for convenience, upon provision of notice to you;
- immediately if we reasonably believe that you have breached the Terms; or
- immediately if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
We may give notice to you by email. You may give notice to us by email to firstname.lastname@example.org.
The Terms shall be governed by and construed in accordance with the laws of Missouri, USA. You irrevocably consent and submit to the exclusive jurisdiction of the Courts located in Missouri in connection with any action arising out of or related to the Terms or their subject matter. Any contract or transaction is deemed to take place in St. Louis, Missouri, USA.
If any provision of the Terms is held illegal, invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue in full force and effect.
No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision of the Terms.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
- Photo Booth Talk may collect and use Users personal information for the following purposes:
To run and operate our Site
We may need your information display content on the Site correctly.
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on May 15, 2018
Marketplace Customer Terms
TEMPLATE FILES AND DIGITAL DOWNLOADS
Due to the nature of this produc type, we do not offer or issue refunds or exchanges for template purchases.
- All template layered PSD files and are editable in Photoshop or Photoshop Elements ONLY. Edited files are compatible with Snappic, Breeze, DSLRBooth, Photoboof, Photo Booth Upload (PBU), Social Booth and Darkroom Booth* and should be imported as an Overlay Image in these programs. They cannot be used without editing in Photoshop or Photopea and importing the final image into your photo booth program of choice. We do not offer product support for templates, so users should have a working knowledge of Photoshop or Photoshop Elements prior to purchasing. Photoshop CC or Photoshop Elements 18+ is recommended for editing.
- Layered XBDR files are only editable in Darkroom Booth Software.
IMPORTANT NOTE: We do not provide Photoshop Editing or Photo Booth Software Support, so you should have a working knowledge of both your software and Photoshop prior to signing up.
Templates files and the artwork contained within is for limited commercial use by the purchaser and/or his employees. Files may be edited and used by you or your company employees for the sole purpose of web or print marketing, client proofing and distributing photo imagery from your photo booth(s) to your clients and/or their guests. You may charge your photo booth rental clients for the use and customization of the designs for their events. Graphics and artwork may not be extracted from templates and used in other files. However you may edit the file and add your own artwork to any template to make it unique. Templates and artwork may only be distributed to your rental clients and their guests or consumers via printed materials or in a flattened digital format. Layered Template Files, derivative designs and individual graphics and/or artwork elements contained within the files may not be shared, redistributed, gifted or sold to another party. You may not purchase designs and use them to provide custom designs to anyone other than your own photo booth rental customers.
*For PSD files, Darkroom Booth users will still need Photoshop or Photoshop Elements to edit images, as PSD files are not cannot be directly imported or edited in Darkroom Booth. For files that are directly editable in Darkroom Booth, please see our XBDR files.
VIP & Gallery Access+ Member Terms & Conditions
Terms & Conditions for Paid Members
Due to the digital nature of our service all membership dues and renewal fees are NON-REFUNDABLE.
Paid Memberships are automatically renewed one (1) year from the sign up date via PayPal recurring payments. However, you may cancel the recurring subscription and continue to access the VIP Club until your paid subscription expires.
Negotiated vendor discounts are courtesy offers from participating vendors. Discount offers may be for a limited time, are not guaranteed and may expire. Participating vendors reserve the right to revoke their discount offer at any time. No portion of membership dues will be refunded if a vendor discount offer expires, is revoked or is no longer offered to paid Photo Booth Talk VIP Club members.
IMPORTANT NOTE: We do not provide Photoshop Editing or Photo Booth Software Support, so you should have a working knowledge of both your software and Photoshop prior to signing up.