Terms & Conditionsfor site users, vendors, customers and members
Terms For Vendors
Terms For Customers
Terms For VIP 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 firstname.lastname@example.org, 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 email@example.com.
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.
Vendor Terms & Conditions
If you are a vendor:
- By registering 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 firstname.lastname@example.org and we will remove you from marketing communications.
- You may place a listing on this website by:
- first registering with us and then submitting the electronic order form on this website
- A request to place a listing submitted by you on this website in the manner described on this website is an offer by you to place a listing on this website for the price as specified at the time you submit your order. We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or your order due to inaccurate or incomplete details provided by you in respect of your order.
- Once you submit your order, cancellations of your order cannot be made (unless changes to the order are made by specific agreement with us). You must check your order carefully prior to submitting your order with us.
- Once your order is accepted you grant us the right to place a listing with your information on it on this website and provide it to appropriate users.
- Any user information we provide to you will only be used for the purposes of attempting to display photo booth related products and services to a photo booth business owners and professionals and for no other purpose.
Acceptance of and Declining Orders
If you are a vendor:
- We reserve the right to accept or decline your order or any part of your order for any reason at any time.
- Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order.
- All orders placed must obtain pre-approval with an acceptable method of payment, as established by us. We may require additional verifications or information before accepting any order.
- In the event we decline an order or part of an order we will notify you by email. We are not obliged to give a reason for declining your order or part of your order. We will not be liable to you for any loss or that of any third party for declining your order or part of your order.
- Upon declining an order or part of an order we will make all reasonable attempts to contact you using the details provided. All received monies relating to that part of your order which has been declined will be refunded using the method received. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. We are not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
Vendor Order Cancellations
If you are a vendor:
- Unless set out in these terms and conditions no cancellations or changes to orders will be accepted.
- Unless set out in these terms and conditions, we reserve the right to refuse order cancellation for any reason.
Listing Fees – Price & Payment by Vendors
Any prices quoted are in American Dollars and include any applicable taxes as stated.
Prices are subject to change without notice, unless you are an operator and have already submitted an order at a stipulated price, in which case there will be no change or alteration in price (provided your order is not affected by a pricing error, in which case that order will be declined and we will contact you).
In respect of any order, we will charge you and you agree to pay the price.
You can pay for your goods by any of the methods specified on the electronic order form on this website. You authorize us to debit any credit card or debit card nominated by you at the time you submit your order.
You acknowledge and agree that any payment in respect of an order must be cleared by us before a listing is made on this website and the order fulfilled. If your payment cannot be processed, your order will be declined.
In paying or attempting to pay for an order, you agree that you have not engaged in any fraudulent conduct or contravened any law.
Listing Fees – Refund Policy
Our listing fees are non-refundable once payment has been processed. In the instance where duplicate or fake inquiries are found to have occured and are validated by investigation by us, we may choose but are not obliged to provide credit on future listing fees to operators. No refunds will be given, unless we have declined your listing. In which case, all monies received in correlation to the declined listing will be refunded.
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 Breeze, Social Booth, Photoboof, Darkroom Booth* and Photo Booth Upload and should be imported as an Overlay Image in these programs. They cannot be used without editing in Photoshop 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 CS3+or Photoshop Elements 10+ is recommended for editing.
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.
*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
VIP Member terms
Terms & Conditions for Paid Members
Due to the digital nature of our VIP Club and VIP Club Platinum Plus Memberships, dues 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.
Rules, Terms & Conditions for Forum Use & Participation
These Terms of Service (hereafter, “TOS”) serve as the terms, conditions, and code of conduct for our online forums. By becoming a member of the Photo Booth Talk community, you have agreed to abide by these TOS.
Our forums are provided on an “as is” and “as available” basis. Photo Booth Talk makes no express or implied warranties as to
1) the board’s operation and accessibility,
2) the services, activities, or resources offered, or
3) the content or materials posted in the forums or elsewhere on any Photo Booth Talk sites.
Photo Booth Talk is not liable for damages of any kind arising from the use or inability to use or access the forums or content therein.
You agree to indemnify Photo Booth Talk and all agents and affiliates against any and all damages (including but not limited to attorneys’ fees) resulting from any claim brought by a third party arising from or relating to your conduct in this forum.
Photo Booth Talk may modify these TOS at any time and without notifying our members of any such changes. Your continued membership to Photo Booth Talk constitutes your assent to such modified terms. You may cancel your membership at any time, but no refunds will be issued for payments previously made.
Posts should be relevant and respectful. Please be mindful of others feelings in your posts, and consider whether the comments, attachments, or links that you post could be construed as offensive, obscene, inflammatory, disrespectful, defamatory, invasive, illegal, unkind, or otherwise inappropriate. Inappropriate behavior of any kind will not be tolerated and could result in the suspension or revocation of privileges or membership. You are responsible for all content posted by your account.
Additional Posting Guidelines
Advertising. Advertising or using the board for the purpose of promotion without authorization as a Vendor Partner is strictly prohibited.
Copyright. You may not post content that violates the copyright or other intellectual property right of any third party. When posting content, you represent that you own the rights or are authorized to share any content that you post. This includes, images, text, forms and other files. PhotoBoothTalk.com has a very strict policy against piracy. Linking to, or giving information about any site that distributes illegal software, or warez, seeking help to circumvent any copyright laws, attempting to bypass authentication or registration codes, or encouraging software or media piracy is grounds for an immediate ban.
Cross-Posting. Posting the same content in multiple threads or forums is not allowed. Please choose the most appropriate forum section for your content and post it once. All duplicate posts will be deleted.
Account Identities and Information. Account sharing, false identities, deception, hoaxes, and the like are grounds for immediate account termination.
Linking. Affiliate, stand alone links (links without further text) and linking to your own site to drive traffic is not permitted, unless you are an authorized vendor partner and are posting a link directly to your authorized product or service website.
Organization. Posts must be placed in an appropriate forum or sub-forum and should contain a descriptive subject line. Posts placed in an inappropriate forum or sub-forum will either be moved or deleted. Non-descriptive or inappropriate subject lines may be renamed.
Permanence of Posts. Members have the ability to edit posts for a short period of time in order to edit errors. Moderators may edit or delete duplicate posts or posts that violate forum rules. Beyond that, all content is maintained in the Photo Booth Talk database permanently.
Privacy. The content on this board is available to the public. Please do not post or supply personal or proprietary information that you wish to keep private. To communicate sensitive information to other members, please use our private messaging system.
Searching. Please use the search feature to determine if your question or topic has already been asked or discussed. If so, you may find the answer there or build upon the thread with your related question. After a search, if you deem necessary to start a new thread, please feel free to do so within the Photo Booth Talk forum terms & conditions.
Spamming. Do not spam the board with duplicate or irrelevant posts. All such posts will be deleted by moderators. Those who are deemed to be spamming the board may be subject to suspension or ban.
Signatures may contain up to three lines of text (of small or normal size) and/or one image. Please keep images to no more than 60px high, 468px wide and 6KiB (6144 Bytes) in size. Animated images are not allowed. Limit on image file size prevents detrimental effect on forums page load speed.
Content Use & Intellectual Property Rights
Internal Use of Content. Quoting or otherwise re-posting member posts within our forum is permissible provided that the original poster is properly credited.
External Use of Content. Members may not duplicate or distribute the content (including text or images) posted in the Photo Booth Talk forums beyond the board without the express permission of the copyright holder. Re-posting or otherwise sharing board content with non-members is grounds for the immediate revocation membership. Copyright infringement may be pursued to the fullest extent of the law.
The PhotoBoothTalk.com is a moderated forum. However, it is simply not possible for moderators to read each and every post made on all the various forums. Therefore, please use these rules as a guideline as to what is and is not allowed to be posted on the Forum. If you see something that you feel is against the Forum Rules, please report it using the “report post” button. Please note that the moderators have the final say-so in any situation that you report. They will evaluate the situation on a case-by-case basis and take appropriate action where needed.
Moderators monitor board posts and respond to complaints to keep the forum free of undesirable content as described in the Forum Rules and User Agreement. They enforce the forum rules, and can delete posts, edit posts, as well as remove a user’s ability to visit the forums through temporary or permanent bans. Please respect and adhere to moderators warnings, both public and private. Failure to do so may result in additional warnings or a ban.