Effective Date: 11/1/2015
1. Acceptance of Terms
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICE. By using the Service, You represent and warrant that (a) You are 18 years of age or older; (b) all registration information You submit to Passport Booth is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Service does not violate any applicable law or regulation.
3. User Accounts
4. Ownership of Content
“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Service, whether provided by Passport Booth or by users of the Service. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF PASSPORT BOOTH AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY PASSPORT BOOTH, YOU, OR ANOTHER USER OF THE SERVICE. You acknowledge that the Content and Service are protected by copyrights, trademarks, and other proprietary rights owned by Passport Booth and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Passport Booth and its licensors do not grant You any express or implied rights, and all right, title and interest that Passport Booth has in the Service, that are not expressly granted by Passport Booth to You are retained by Passport Booth. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Passport Booth’s prior written permission, except that the foregoing does not apply to Your own posted submission. You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Service. You agree that any Content You submit does not create an obligation for Passport Booth to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to Passport Booth all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to Passport Booth, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in the Content.
5. User Limitations
6. Passport Booth Copyright Policy
You will refrain from posting any information or items to the Service which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Passport Booth infringe Your copyright, You (or Your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices with respect to the Service, should be sent to the Passport Booth’s DMCA Agent for notice of claims of copyright infringement at [email protected] with the subject line “DMCA Communication”. Passport Booth’s DMCA Agent should be contacted only for the purposes set forth in this Section 6. ALL OTHER INQUIRIES DIRECTED TO PASSPORT BOOTH’S DMCA AGENT WILL NOT BE ANSWERED.
7. Rules of Conduct
By way of examples and not as limitations, You agree that You may not access the Service to:
(a) Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
(c) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
(d) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.
(e) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Service, other users’ access to the Service and/or other users’ computers.
(f) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
(g) Violate any applicable laws or regulations, or promote or encourage any illegal activity.
(h) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Service or the Content in any manner.
(i) Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a Passport Booth representative.
(j) Collect in any manner information regarding users of the Service or other user or usage information or any portion thereof, or distribute such information to any third party.
(k) Attempt to obtain passwords, other Account information, or any other private information from any other user of the Service, including, without limitation, the collection of personal information of others, including e-mail addresses.
(l) Make false reports to Passport Booth administrators.
(m) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Service.
(n) Use the Service for fraudulent transactions.
(o) Frame or mirror any part of the Service without Passport Booth’s express prior written consent.
(p) Institute an attack upon any server used in connection with the Service or any portion thereof or otherwise attempt to disrupt such servers.
(q) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Service or the Content.
(r) Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service and/or the Content.
8. Charges and Billing
By providing Your email address to Passport Booth and subscribing to Passport Booth communications, You understand You may receive periodic information regarding current and future services offered on the Service and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 12 (Termination and Survivability).
11. Jurisdictional Issues and Export Control Laws
The Service is controlled and operated by Passport Booth from its offices within the United States. Passport Booth makes no representation that Content and other materials available through the Service are appropriate or available for use in any other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.
12. Termination and Survivability
13. Links to Third-Party Sites
The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by Passport Booth. Passport Booth is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Passport Booth provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Passport Booth of any Linked Site. You acknowledge and agree that Passport Booth does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Sites. You agree that Your use of the Linked Sites, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Sites, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Sites. Passport Booth is not involved in any way in the actual transaction between the Linked Sites and You. Passport Booth acts solely as a passive conduit for the Linked Sites’ sales, distribution and the communication of Your information with regards to transaction with Linked Sites. You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Sites’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity. You acknowledge that Passport Booth is not a part to any possible future disputes between You and the Linked Sites. Resolution of any dispute is the full and sole responsibility of the involved parties and Passport Booth will not act as a mediator between them. You release Passport Booth, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.
14. Disclaimer of Warranty; Limitation of Liability
“Passport Booth Parties” means Passport Booth and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors). YOU EXPRESSLY AGREE THAT USE OF THE SERIVICE IS AT YOUR SOLE RISK AND NO WARRANTY OR GUARANTEE IS MADE AS TO THE APPROVABILITY OF THE PHOTOS TAKEN OR PURCHASED THROUGH THE SERVICE.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PASSPORT BOOTH IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE PASSPORT BOOTH PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PASSPORT BOOTH OR ITS DESIGNEES FOR THE APPLICABLE SERVICE GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE PASSPORT BOOTH PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, CONTENT, OR INTERACTIONS WITH PASSPORT BOOTH. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PASSPORT BOOTH AND THE PASSPORT BOOTH PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PASSPORT BOOTH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Jurisdiction and Choice of Law
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
22. Complete Agreement
23. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445–1254 or (800) 952–5210.
For questions, contact Passport Booth at: [email protected]