Terms of Service for Selfbooth

Introduction

Welcome to Selfbooth!

Selfbooth provides a unique service allowing clients to create a digital gathering spot for photos and videos captured at their events. Our platform enables guests to upload their captured moments to a dedicated online album, where the event host can easily access and download the content at their convenience. Additionally, Selfbooth offers an optional feature to showcase these memories in real-time on a TV screen at the event, bringing a new level of interactive fun to your celebrations.

Agreement to Terms

By accessing or using our service, you, the user, agree to be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of the Selfbooth service, including any content, functionality, and services offered on or through svenstudios.com (the “Website”), whether as a guest or a registered user.

Please read these Terms carefully before you start to use the Service. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Service. These Terms apply to all visitors, users, and others who wish to access or use the Service.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

For any questions about these Terms, please contact us through our website’s contact form or directly via email at sven@svenstudios.com

Definition of Terms

  • Selfbooth, operated by SvenStudios, is referred to throughout these Terms of Service. Therefore, any reference to ‘Selfbooth’ within these terms should also be understood to apply to SvenStudios.

Eligibility and Account Registration

To access or use the Selfbooth service, you must meet the following eligibility criteria:

  • Age: You must be at least 18 years of age. Our service is not intended for individuals under the age of 18. By agreeing to these Terms, you represent and warrant that you are at least 18 years old. This age restriction is in compliance with Australian laws governing the legal age to enter into contracts such as this Terms of Service agreement.
  • Legal Capacity: You must possess the legal capacity to enter into binding contracts. By using Selfbooth, you affirm that you are of legal age and fully competent to agree to and comply with these Terms of Service.
  • International Users: If you are accessing our service from outside Australia, you must ensure that you are of legal age and have the legal capacity to agree to these Terms of Service in your jurisdiction. It is your responsibility to comply with your local laws to ensure that your use of Selfbooth is legal and valid according to your country’s regulations.

Account Registration

To fully utilize the features offered by Selfbooth, you may be required to create an account. During the registration process, you will be asked to provide certain information about yourself. It is a condition of your use of the service that all the information you provide is accurate, current, and complete. You agree to update your information as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify SvenStudios/Selfbooth immediately of any unauthorized access to or use of your user name or password or any other breach of security. You may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Account Responsibilities

  • Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
  • Accuracy of Information: By registering an account, you agree to provide truthful, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Furthermore, you agree to promptly update this information to maintain its accuracy. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
  • Compliance: You are responsible for ensuring that your use of the account complies with these Terms and any applicable laws or regulations. You agree that you will not use the Service for any illegal or unauthorized purpose.

Termination of Account

Selfbooth reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time for any reason, including if it is determined that you have violated any provision of these Terms of Service or if your account is or is suspected to be used fraudulently or for an unlawful purpose. Upon any termination, discontinuation, or cancellation of your account or the Service, all provisions of these Terms which by their nature should survive will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User Responsibilities

When using Selfbooth, you agree to assume the following responsibilities:

Content Standards

Lawful Use

You agree to use Selfbooth only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for ensuring that your use of the service does not violate any laws or rights of any third party.

Prohibited Content

You agree that any content uploaded under your account has been done so with your knowledge and consent.

You agree not to upload, post, share, or otherwise distribute any content that:

    • Is illegal, defamatory, libelous, offensive, abusive, discriminatory, or promotes violence, illegal activities, or hate speech.
    • Infringes on intellectual property rights, privacy rights, or other rights of third parties.
    • Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
    • Is considered unsolicited promotion, political campaigning, advertising, or solicitations.
    • Is sexually explicit or pornographic material.

Respect for Others

You must respect the privacy and rights of other Selfbooth users. Do not harass, threaten, impersonate, or intimidate other users. Respect people’s boundaries and consent; if someone requests you not to share their personal information or photographs, you must comply.

Accuracy of Information

You represent and warrant that you have the right and authority to upload all content you submit to the platform and that such content is accurate, not misleading, and does not violate any of these Terms or any applicable law.

Content Ownership and License

Copyright Ownership

Original Creator Rights

When you upload, post, or otherwise share content (including photographs, videos, and text) on Selfbooth, you retain all copyright and any other proprietary rights you hold in that content. Selfbooth does not claim any ownership rights in the content you upload to our service.

Account Holder Responsibilities

As an account holder, you are responsible for ensuring that you have the necessary permissions, rights, and/or licenses to collect, upload, and share the content through Selfbooth. This includes obtaining consent from copyright holders and individuals appearing in the content, especially for use that extends beyond private viewing, such as displaying images publicly at an event or online.

License to Selfbooth

Limited License for Service Provision

By uploading content to Selfbooth, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, perform, and distribute your content on and through the service. This limited license is solely for the purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our service, but only for as long as necessary for us to provide and improve the service.

Display and Sharing

If you choose to display images publicly or share them with other users, you grant us the permission to display such content as part of the service according to your settings and preferences. This includes the optional feature to showcase uploaded images in real-time on a TV at the event.

Responsibility for Content

Permission and Legal Compliance

You are solely responsible for the content you upload and for ensuring that such content complies with all applicable laws, does not infringe upon the rights of others, and is uploaded with the consent of all relevant parties. You must not upload content you do not have permission to use.

Indemnification

You agree to indemnify, defend, and hold harmless Selfbooth and its affiliates, officers, agents, and employees from any claim, suit, action, or demand arising from or related to the use of the content you upload, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Content Removal and Termination

Right to Remove or Disable Content

Selfbooth reserves the right to remove or disable access to any content on the service that we determine, in our sole discretion, to be in violation of these Terms, infringing on intellectual property rights, or otherwise harmful or objectionable.

Privacy Policy

At Selfbooth, a service operated by SvenStudios, we are committed to protecting the privacy and security of our users’ personal information. This policy outlines the types of information we collect, how we use it, the measures we take to protect it, and the choices you have regarding your information.

Information Collection

  • User-Provided Information: We collect information you provide directly to us when you create an account, upload content, participate in any interactive features of the service, communicate with us via contact forms, email, or other channels, and use our service in other ways.
  • Automatically Collected Information: When you access or use our service, we automatically collect information about you, including your browser type, operating system, IP address, web pages you visit before or after our service, the date and time of your visit, information about your interactions with the service, and device information.
  • Cookies and Tracking Technologies: We use cookies and similar tracking technologies to collect information about your activity on our service, preferences, and device information. This information helps us improve our service, understand user trends, and deliver a more personalized experience.

Use of Information

  • Service Provision and Maintenance: To provide, maintain, improve, and develop new features for Selfbooth, respond to your requests and inquiries, and deliver the functionality of the service.
  • Communication: To communicate with you about your account, service updates, security alerts, and support messages.
  • Personalization: To personalize your experience with our service, including offering content or features that match your interests.
  • Analysis and Improvement: To monitor and analyze usage and trends to improve and enhance our service.
  • Legal Compliance: To comply with legal obligations, resolve disputes, and enforce our agreements.

Sharing of Information

  • With Consent: We may share personal information with companies, organizations, or individuals outside of Selfbooth when we have your consent to do so.
  • Service Providers: We share information with third-party service providers who perform services on our behalf, including hosting, maintenance, and support services.
  • Legal Requirements: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend our rights or property, protect the personal safety of users of the service, or protect against legal liability.
  • Aggregated or Anonymized Data: We may also share aggregated or anonymized information that does not directly identify you with third parties for research, marketing, analytics, and other purposes.

Your Rights and Choices:

  • Access and Updates: You have the right to access the personal information we hold about you and to request that we update, correct, or delete it.
  • Cookies and Tracking Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
  • Communications Preferences: You may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send.

Data Security: We take reasonable measures to protect your personal information from unauthorized access, theft, and loss. However, no internet-based service is completely secure, so we cannot guarantee the absolute security of your information.

Content Moderation

  • Community Guidelines: All users are required to adhere to our community guidelines, which prohibit offensive, harmful, illegal, or otherwise inappropriate content. These guidelines are designed to foster a constructive and respectful community.
  • Content Review: We employ a combination of automated tools, manual review, and community reporting to monitor content shared on Selfbooth. Our aim is to promptly identify and address content that violates our guidelines.
  • Reporting Mechanisms: Users play a crucial role in content moderation. We provide tools and resources for users to report content they believe violates our terms or community guidelines. Reported content is prioritized for review by our moderation team.

Actions Taken on Violations

  • Removal of Content: Content found to be in violation of our guidelines or terms will be removed from the platform. We reserve the right to remove any content at our discretion, without notice to the user.
  • Account Suspension or Termination: Users who repeatedly violate our content policies may have their accounts suspended or terminated. We take such actions seriously and aim to ensure fairness and transparency in our decision-making process.
  • Notification and Appeal: When action is taken on content or an account, we will notify the affected user, providing the reason for our action and information on how to appeal the decision if applicable.

Collaboration with Law Enforcement

  • In cases where content is suspected to involve illegal activities or poses a threat to the safety of any individual, Selfbooth may cooperate with law enforcement authorities as required by law, including providing relevant user information.

User Responsibility

  • Users are responsible for the content they upload to Selfbooth. By using our service, users agree to comply with our content guidelines and understand the potential consequences of violations.
  • We encourage users to consider the impact of their content on the broader community and to exercise good judgment and respect towards others.
  • Users are able to moderate uploaded data via their account dashboard.

Limitation of Liability

Selfbooth, operated by SvenStudios, its affiliates, directors, officers, employees, agents, suppliers, or licensors (collectively, the “Selfbooth Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Disclaimer of Certain Damages

Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The Selfbooth Parties disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, the Selfbooth Parties make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Cap on Liability

To the maximum extent permitted by applicable law, in no event shall the aggregate liability of the Selfbooth Parties exceed the amount you paid Selfbooth, if any, in the past six months for the services giving rise to the claim.

User Responsibility

You acknowledge and agree that the Selfbooth Parties are not liable for any act or omission by you in relation to the service, including any damages of any kind incurred as a result of such acts or omissions.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you. Where any exclusions or limitations of liability are prohibited or restricted by law, the Selfbooth Parties’ liability is limited and disclaimed to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Selfbooth Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the service, including, but not limited to, your User Content, any use of the service’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the service.

Effective Date

The Terms of Service set forth herein are effective as of 21 March 2024, and supersede all previous agreements, representations, or understandings between you, the user, and Selfbooth, operated by SvenStudios.

Acknowledgment

By accessing or using our service on or after this date, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these Terms in full, you must not use or access the service provided by Selfbooth.

Updates and Modifications

Selfbooth reserves the right to update, change, or modify these Terms of Service at any time. Any such modifications will be effective immediately upon posting the revised terms on our website, unless otherwise stated. We will endeavor to notify users of significant changes through the service interface or via email. Your continued use of the service after such modifications have been made constitutes your acceptance of the new Terms of Service.