Terms of Service.
This Service is provided and operated by MINTANO UG haftungsbeschränkt, Erkrather Str. 401, 40231 Düsseldorf, Germany („MINTANO“, “we,” “our”, “us”)
Description of Service
ONEBOOTH is a photobooth platform for businesses and individuals that allows you to create and run engaging photobooth campaigns at different kind of events and occasions on an iPad device.
To use our Service, a person must have the legal capacity to do so. In the case of an individual, the person must be at least 18 years of age.
You may not, without our prior written consent, access the MINTANO Services if
- you are a competitor of MINTANO,
- you have been previously suspended or removed from our Service,
- to monitor the availability, performance or functionality of the MINTANO Services or for other benchmarking or competitive purposes.
If you are the Client and operating our Service at any event or occasion you shall ensure that any End-user is eligible to use the Service in accordance with these Terms and all applicable laws, rules and regulations.
Your access to the Service is licensed, not sold. We grant you a revocable, limited, non-exclusive, non-transferable license to use our iOS and web applications as well as any other related Services in accordance with these Terms.
Registration & Account
In order to use the Service, you must have a valid account. You must provide accurate, current and complete information when you create your ONEBOOTH account.
You are responsible for safeguarding the access data for your account and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. MINTANO will not be liable for any failure by you, including any loss or damage incurred as a result of such failure.
The fees are payable either yearly or monthly in advance and are non-refundable. In particular – without limitation – no refunds will be given if your account is terminated or downgraded before the end of a billing period. If, after signing up, the Client elects to upgrade to a higher plan, the unused portion of any prepaid fees will be applied to the fee of the more expensive plan. You must provide valid credit card details for paying the fees as a yearly or monthly recurring payment.
Downgrading of the current plan may cause the loss of features or capacity of your account, as well as the loss of campaign data. For any upgrade or downgrade of your plan, your credit card will be automatically charged the new fee on your next billing cycle.
All fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless otherwise stated herein. The Client is solely responsible for the payment of such taxes, levies or duties.
Free trial: A new Client may be entitled to a free trial with limited capacity and features. The Client is not required to provide any credit card information during the period of the free trial. If the period of the free trial has expired, the account will be automatically deactivated. In order to prevent deactivation, the Client is required to choose a plan and pay the first fee.
Double Opt-in Feature
Certain plans of our Service allow you to obtain the consent from End-users to use their email address for marketing purposes (newsletter) through a double opt-in procedure. Based on the General Data Protection Regulation we document the procedure including e.g. time stamp and IP data of the End-user. You are solely responsible to adapt the text of the newsletter checkbox and double opt-in confirmation email to fulfill any legal requirements.
Our Service enables you and your End-users to create and transmit (e.g. to an email-address or to our web application) certain information – e.g. photos, GIFs, videos, text (“Content”).
You warrant that:
- you own all transmitted or displayed Content or you have the right to use it and grant us the rights and license as provided within these Terms,
- the transmitting or displaying any of your or your End-user’s Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or organization, and
- your transmitted or displayed Content does not contain any viruses, adware, spyware, worms, or other malicious code.
You are solely responsible for any content transmitted by the use of our Service and iPad application. MINTANO cannot and does not regularly monitor content uploaded to the Service. We reserve the right – but not the obligation – to remove any content for the purpose of enforcing these Terms. We expressly disclaim any and all liability in connection with any and all content transmitted or displayed using our Service.
You acknowledge that, by providing you and your End-users with the ability to create, view and distribute user-generated content, we are only acting as a passive entity for that purpose and not having any obligation or liability related to any Content or activity on the Service.
If notified by a Client, End-user or any other person about Content that allegedly infringe these Terms, MINTANO may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without prior notice.
License grant to MINTANO
By transmitting any Content to or through our Service, you automatically grant – or warrant that the owner of such content has expressly granted – to MINTANO, its licensors and other business partners a perpetual, sublicensable, royalty-free, non-exclusive, unrestricted, irrevocable, worldwide license to use, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content in whole or in part (and any copyrights, publicity and other proprietary rights therein), in connection with the Service, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof), in any form, media or technology whether by any means and in any media now known or hereafter developed.
When using our Service you agree that you and your End-users will not:
- Use the Service in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights.
- Provide false or inaccurate content.
- Upload or transmit to or through the Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
- Use the Service in any manner that is harmful to minors.
- Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
- Send junk email or spam to End-users of our Service.
- Hack, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our Service.
- Use our Service for fraud.
- Use scraping, bots or other software to aggregate or browse our content.
- Defame anyone or do anything that is illegal.
- Otherwise act in a manner which, at our sole discretion, is objectionable.
- We may terminate your access to our Service at any time for violations of these rules at our discretion.
We may terminate your account or our provision of our Service to you, at our discretion without prior notice or explanation. We will not be liable for any damages, costs, expenses or loss of Content as a result of any termination towards you or any third party.
You may terminate your use of this Service and your account at any time. If you wish to do so, you may simply discontinue using the Service.
Disclaimer of Warranties
The Service is provided „as is“ and „as available“. Your usage of the Service is solely at your own risk. We, our suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. MINTANO, its suppliers and licensors, will not make any warranty that the Service will be error free, accurate, reliable, complete or accessible at all times. We don’t grant that any kind of defects will be corrected nor the Service or the server that makes it available are free of viruses or other harmful content. MINTANO does not guarantee and shall have no liability for any Service down time.
You agree to indemnify, defend and hold harmless MINTANO, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to:
- legal and accounting fees resulting from your use of the Service,
- your breach of any of these Terms,
- any Content you transmit or display via our Service or
- any activity related to your account by you or any third party.
MINTANO reserves the right – at your expense – to assume the exclusive defense and control of any matter subject to indemnification by you. MINTANO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Intellectual Property Rights
The MINTANO Service, data, visual interfaces, graphics, designs, computer code, trade names and trademarks (“Material”), and any parts or elements thereof are solely and exclusively owned and operated by MINTANO and its licensors. Any commercial or promotional distribution, publishing or exploitation of these Materials is strictly prohibited unless you have received the express prior written permission from MINTANO or the otherwise applicable rights holder. MINTANO reserves all rights to the MINTANO Services and Materials.
Limitation of Liability
Under no circumstances, including but not limited to negligence, MINTANO, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners shall not be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, revenue, anticipated profits or business opportunity) resulting from
- your access to or use of the Service,
- your inability to access or use the Service,
- any Content of any third-party related to the Service,
- any Content transmitted or displayed from or through the Service or
- any other interactions with MINTANO, End-users, guests or other third-parties.
This applies even if MINTANO or a MINTANO authorized representative has been advised of the possibility of such damages.
In no event shall the aggregate liability of MINTANO and its affiliates arising out of or related to these Terms exceed the total fees paid by the Client to MINTANO during the 12 months immediately preceding the date of the claim.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, MINTANO’s liability will be limited to the fullest extent permitted by applicable law.
Events outside of our control
In no case we will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our reasonable control.
Changes: We may modify or update these Terms at any time. Your continued use of the Service after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of these Terms.
Notices: We may provide you with notices, including those regarding changes to these Terms by email, or postings on the ONEBOOTH website. Notice will be deemed given 48 hours after email is sent, unless MINTANO is notified that the email address is invalid. Notice posted on the ONEBOOTH website is deemed given 30 days following the initial posting. MINTANO reserves the right to determine the form and means of providing notifications to our users.
Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
Waiver: The failure of MINTANO to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MINTANO
Severability: If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term will to that extent be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Assignment: You are not allowed to assign any of these Terms or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. MINTANO is allowed at its sole discretion to assign any of these Terms and any rights thereunder to any third party, without prior notice.
Headings: The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Survival: Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
No partnership: No agency, partnership, or joint venture is intended or created by these Terms.
Geographic Restrictions: MINTANO is based in Germany. We make no claims that any of our Services or any of its Content is accessible or appropriate outside of the Germany. Access to any of the Services may not be legal for certain persons or in certain countries.
Governing law: The Terms are exclusively governed by the laws of the Federal Republic of Germany. The place of fulfillment is Düsseldorf.
This Service is offered by MINTANO UG (haftungsbeschränkt), Erkrather Str. 401, 40231 Düsseldorf, Germany. If you wish to contact us for any reason then please contact us at firstname.lastname@example.org.