Terms of Use

WELCOME TO THE FACEPLACE PHOTOBOOTH!

Before getting started, we wanted to make you aware of certain important rules for using the FacePlace Photo Booth. These are in addition to the Terms and Conditions and Privacy Policy which are set forth below.

1. FacePlace may use or display (or allow others to use) any photo or video you create in this Photo Booth for any purpose (including advertising) without any payment or notice to you. You should not do anything that you do not want others to see.
2. You may not create any photos or videos showing nudity, improper or inapropriate language or behavior, or any illegal activities. You are solely responsible for the photos and videos you take.
3. You may not copy or use, for any commercial purpose, any photo or video that you take in this Photo Booth. All trademarks, copyrights or other intellectual property which appear in such photos or videos are the sole and exclusive property of Face Place or its licensees.

All of the Terms and Conditions and our Privacy Policy are available on our website at www.faceplacephoto.com.

OTHER TERMS AND CONDITIONS

By using this Photo Booth , you represent and warrant that you are over the age of 18 and are lawfully able to accept the Terms of Use.

Ownership of this Photo Booth and its Content

This Photo Booth is owned and operated by Apple Industries, Inc. or its affiliated companies (the “Company”). Unless otherwise indicated, all of the content featured or displayed on this Photo Booth, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by the Company or its content providers (“Content”). All Content is protected by U.S. and international copyright laws.

Proprietary Rights

All elements of this Photo Booth, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. This Photo Booth, its Content and all related rights shall remain the exclusive property of the Company or its Content providers unless otherwise expressly agreed in writing. Content (including photographic images) purchased or otherwise acquired by the User via the Photo Booth may only be used by the User for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you.

Prohibited Use of the Content

You are specifically prohibited from downloading, copying, or re-transmitting any or all of the Content or using the Photo Booth or the Content other than for its intended purpose.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. The Photo Booth may contain photographs of clothing, fashion collections and trademarks which are protected by intellectual property laws and which cannot be used or reproduced, in whole or part, without the prior written consent of the owners, or their authorized licensees, of such intellectual property.

Trademarks

The Company trademarks, including “Face Place” and any other product or service name or slogan contained in the Photo Booth are trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder.. All other trademarks, product names and company names or logos mentioned in the Photo Booth are the property of their respective owners.

No Warranties

THIS PHOTO BOOTH AND THE CONTENT ARE PROVIDED “AS IS” AND THE COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE AND DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PHOTO BOOTH OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS PHOTO BOOTH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THE PHOTO BOOTH OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ANY CONTENT PROVIDER BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THIS PHOTO BOOTH, THE CONTENT OR AGREEMENT, EVEN IF THE COMPANY OR SUCH CONTENT PROVIDER HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PHOTO BOOTH, THE CONTENT OR THE TERMS OF USE, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT USER ORIGINALLY PAID FOR THE SERVICE, CONTENT, PRODUCTS OR MATERIALS OR ONE HUNDRED US DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER MAY NOT ASSERT ANY CLAIM OR BRING ANY ACTION OF ANY KIND MORE THAN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO THE CLAIM OR CAUSE OF ACTION.

Indemnity

User agrees to indemnify, defend and hold the Company and its Content providers harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from User’s violation or breach of the Terms of Use, any service agreement or any third party’s rights, including, but not limited to, copyrights, proprietary and privacy rights, intellectual property rights or any applicable federal, state or local law, regulation or ordinance. User’s obligations under this Section will survive the termination of any relationship with the Company.

Termination of Access

The Company reserves the right to deny or terminate User’s access to or use of this Photo Booth, any service, product, or material, or any portion thereof, in the Company’s sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User’s breach of any provision of the Terms of Use or any applicable service agreement or discontinuance of the Company’s access to any product or material. In the event of any such termination by the Company, the Company shall have no liability to User.

Changes to Terms of Use

The Company reserves the right to change or amend the Terms of Use at any time upon prior notice posted on the Website. Continued use of the Photo Booth after the posting of such notification, constitutes the User’s consent to the changed or amended terms of the Terms of Use.

Other Agreements

These Terms of Use do not alter in any way the terms or conditions of any other agreement User may have with the Company, its subsidiaries or affiliates.

Governing Law, Jurisdiction and Venue

All matters related to the Photo Booth and these terms and conditions (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law. Disputes arising in connection with the Photo Booth and these terms and conditions shall be subject to the exclusive jurisdiction of the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County or New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Unlawful Activities Prohibited

The Company makes no representation that the Content, products, or services available on this Photo Booth are lawful, appropriate or available for use in locations outside the State of New York or the United States, and accessing them from jurisdictions where the same or their content is illegal is prohibited. Any User who chooses to access this Photo Booth from a location outside the United States does so on User’s own initiative and is responsible for compliance with local laws.

Unlawful Purposes, Unwanted Materials, Offensive Content and Disabling Code

Transmission, distribution or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law. Transmission, distribution or storage of unwanted materials, offensive content and disabling code is prohibited.

Unauthorized Services and Functionality

Any action to defeat or disable, or conduct that facilitates defeating or disabling, any functionality of the Photo Booth or alters the look, feel or functionality of the Photo Booth or user interface is prohibited. This includes, without limitation, altering or blocking the display of any advertisement, banner or other promotional materials appearing on the Photo Booth. If the User uses the Photo Booth, the Content, the services or products for any unlawful or illegal purpose, User shall indemnify and hold harmless the Company for all losses, costs and expenses incurred by the Company as a result of such use.

Severability and No Waiver

If any provision of this Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of the Terms of Use shall remain in full force and effect.

Any failure of the Company to enforce any provision of the Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of the Terms of Use.

Contacting the Company

If you have any questions about the Terms of Use, you can contact us at 516-619-8000.

PRIVACY POLICY

The Company is committed to protecting your privacy through compliance with this policy. This privacy policy tells you about our online collection and use of data.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Photo Booth. By accessing or using this Photo Booth, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Photo Booth after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This Photo Booth is owned by THE COMPANY and may be accessed in the United States and abroad. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

Collection of Your Personal Information

When you use our Photo Booth, we may collect “non-personal information.” We consider “non-personal information” to be information that, by itself, cannot be used to identify or contact you personally, such as demographic information (your age, gender, income, education, profession, etc.). Non-personal information may also include technical information, such as anonymous data involving your use of our Photo Booth. Non-personal information may also include information that you provide us through your use of our Photo Booth. We reserve the right to use or disclose non-personal information in any way we see fit.

You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your password, your name and email address) is collected when you register. Additional personal information (e.g., your address, phone number, credit card number and billing address) is collected to process transactions or to provide you with products and services.

Use of Your Personal Information

THE COMPANY collects and uses your personal information to operate and improve our Photo Booth, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences.

We also use your personal information to communicate with you. We may send transaction-related communications such as purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may follow the “unsubscribe” instructions included within each email communication.

Personal information collected by THE COMPANY may be stored and processed in the United States or any other country in which THE COMPANY or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our Photo Booth or services, you consent to any such transfer of information outside of your country.  If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.

Sharing of Your Personal Information

Except as disclosed in this privacy policy, THE COMPANY does not share your personal information with any outside parties.

We may share your personal information with (i) our subsidiaries and affiliates, (ii) contractors, service providers and other third parties we use to support our business, (iii) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information about our Photo Booth users is among the assets transferred, and (iv) third parties to market their products or services to you if you have not opted out of these disclosures. We may also share your personal information to fulfill the purpose for which you provide it.

We reserve the right to disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We also reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Personal Information Preferences

THE COMPANY respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an email to [email protected].

Security of Your Personal Information

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Photo Booth, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Photo Booth like message boards. The information you share in public areas may be viewed by any user of the Photo Booth. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Photo Booth. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Photo Booth.

Children

We do not intend to solicit or collect personal information from anyone under the age of 13. If you are under 13, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 516-619-8000.

Accuracy of the Information We Collect

Any questions you may have regarding this policy, the accuracy of your personal information or the use of your personal information, or any requests that we correct, update, or remove your information in our databases, should be directed via email to [email protected], or via regular mail to:

200 Forest Drive, Building 8, Greenvale, NY 11548

After receiving a request to change your information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate our Photo Booth will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active Photo Booth databases. We may retain such information to resolve disputes, troubleshoot problems and enforce our terms and conditions of use. In addition, it is not technologically possible to remove each and every record of the information you have provided to us. A copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate.

Changes to This Privacy Policy

It is our policy to post any changes we make to our privacy policy on the Website. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at 516-619-8000.