Effective Date: 09/30/2024

Welcome to DiGi Booth Express ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our website www.digiboothexpress.com as well as the Photo Booth services ("Services") we provide. By using our website or Services, you agree to these Terms. If you do not agree, please refrain from using our website and Services.

1. Use of Website

By accessing and using our website, you agree to:

• Use the website for lawful purposes only.

• Not engage in any conduct that restricts or inhibits anyone else’s use of the website or interferes with its proper functioning.

• Not attempt to interfere with the website’s security or gain unauthorized access to its systems.

2. Eligibility

You must be at least 18 years old to book our Services. If you are under 18, you may only use the Services with the involvement of a parent or guardian. By using the Services, you represent that you have the legal capacity to enter into these Terms.

3. Booking and Payment

• To book our Photo Booth Services, you will need to provide certain personal and event-related information.

• You agree to provide accurate and complete information when making a booking.

• Payment must be made as outlined in our booking process, which may include deposits or full payment prior to the event.

• Any cancellation or refund policies will be provided during the booking process.

4. Photo Booth Services

When you book our Photo Booth Services, the following terms apply:

• Event Media: By using our Services, you consent to being photographed or filmed. Photos and videos taken in the booth may be shared with event organizers, and we may retain copies for promotional purposes, unless otherwise agreed upon.

• Consent for Guests: If you are the event organizer or host, it is your responsibility to inform your guests that their images may be captured and to obtain their consent as needed.

• Image Use: We may use event photos and videos for marketing and promotional purposes on our website, social media, or other platforms unless you specifically request otherwise in writing.

5. Intellectual Property

• All content and materials on our website, including text, images, logos, and software, are owned by or licensed to us. You may not use, reproduce, or distribute any materials from the website without our written permission.

• Any photos or videos captured by our Photo Booth at your event will remain our property, and you may only use them for personal or non-commercial purposes unless agreed upon otherwise.

6. User Content

If you submit any content, such as comments or reviews, to our website:

• You grant us a non-exclusive, royalty-free, worldwide license to use, modify, and display the content for marketing or other purposes.

• You represent that the content is your original work and does not infringe on the rights of any third party.

7. Privacy Policy

Your use of our website and Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

8. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for:

• Any direct, indirect, incidental, or consequential damages arising from your use of the website or Services.

• Loss of data, loss of profits, or any harm resulting from your reliance on any information provided on the website or through our Services.

In the event of any technical issues or equipment malfunction during a booking, our liability will be limited to providing a refund or rescheduling the Services at our discretion.

9. Indemnification

You agree to indemnify and hold harmless DiGi Booth Express, its employees, agents, and affiliates from any claims, liabilities, damages, or expenses arising out of your use of the website or Services or violation of these Terms.

10. Cancellation and Refunds

• Cancellations by You: If you cancel your booking within the time frame outlined in our cancellation policy, you may be eligible for a refund or credit. Refunds for cancellations made outside of the allowed window will be at our discretion.

• Cancellations by Us: We reserve the right to cancel your booking due to unforeseen circumstances, such as equipment failure or inclement weather. In such cases, you will receive a full refund or an option to reschedule the service.

11. Changes to the Terms

We reserve the right to modify or update these Terms at any time. If we make changes, we will notify you by updating the "Effective Date" at the top of these Terms. Your continued use of the website or Services after any such changes constitutes your acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of California/United States, without regard to its conflict of law principles. Any disputes arising from these Terms will be resolved in the courts of California/United States.

13. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at: info@digiboothexpress.com.