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