Terms of Use

General

da Vinci Photo, Inc., an Illinois corporation, makes this website (the “Site”), including all information, documents, communications, files, text, graphics, and products available through the site (collectively, the “Materials”) and all services operated by da Vinci Photo and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that da Vinci Photo may publish from time to time (collectively, the “Terms of Use”).

Please review the Terms of Use that govern your visit to the Site and your use and purchase of products or services from the Site (collectively, the “Use”). Your Use of the Site constitutes your acceptance of, and agreement to follow and be bound by, the Terms of Use. da Vinci Photo reserves the right, at any time, to modify, alter or update the Site, policies and these Terms of Use. Once you book a photo booth service through the Site, you will be deemed a Customer of da Vinci Photo. If you breach any of the Terms of Use, your authorization to Use the Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. da Vinci Photo may deny you access to the Site if you breach these Terms of Use.

Site Content

The trademarks, logos, service marks (collectively, the “Marks”) displayed on this Site are the property of da Vinci Photo, its affiliates, or other third parties. The Marks and content of the Site are intended solely for your personal, noncommercial use. No right, title or interest in any Marks or content is granted or transferred to you as a result of your Use of the Site. You are not permitted to reproduce, publish, transmit, modify, exploit, or create derivative works from the Marks without the prior written consent of da Vinci Photo or such third party that may own the Marks. The law expressly prohibits the unauthorized use of the Marks, and offers severe civil and criminal penalties.

User Submissions

da Vinci Photo does not accept confidential or proprietary information. Accordingly, all comments and feedback disclosed, submitted or offered to da Vinci Photo using this Site or otherwise (collectively, the “Comments”) are not confidential and will automatically become and remain the property of da Vinci Photo. The disclosure, submission or offer of any Comments will constitute an assignment to da Vinci Photo of all worldwide rights, titles, and interests and goodwill in the Comments without payment of any compensation. Neither da Vinci Photo, nor its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

Availability

Product or Service availability on the Site is not guaranteed. If a product or service is not available by the time your order processes, we will notify you of this via e-mail and your deposit will be immediately refunded.

Photo Booth Venue Requirements

Customer shall provide da Vinci Photo with a safe work environment, which may require crowd control. If circumstances are deemed to present a threat or implied threat of injury to the photo booth operator or any equipment, da Vinci Photo reserves the right to immediately cease performance. If the event takes place outdoors, Customer must provide a location sheltered from the environment for the photo booth. da Vinci Photo reserves the right to cancel the service if the weather poses potential danger to the attendant, the equipment, or those using the photo booth. The photo booth provider’s compensation will not be affected by such cancellation.

Customer must also provide a 6-foot by 6-foot area for setup, space for setting up the photo booth, a skirted 6-foot banquet table, and a minimum of one 1520-amp circuit outlet per photo booth from a reliable power source within 50 feet (along the wall) of the setup area. The 1520-amp circuit must be free of all other connected loads. Customer is fully responsible for any delay in the performance or damage to the photo booth equipment due to improper power supply. Customer is also responsible for paying any charges imposed by the venue, which may include, but are not limited to, parking fees and the use of electric power.

In order to ensure that the photo booth is ready at the requested event start time, da Vinci Photo requires access to the event venue at least 90 minutes prior to the event commencement. Once the event has ended or the photo booth service time has lapsed, whichever occurs first, da Vinci Photo requires at least 45 mintues for disassembly.

Non-Payment

In the event of nonpayment, Customer shall be liable for all court fees, reasonable legal fees, and collection costs incurred by da Vinci Photo. Any checks returned for insufficient funds shall be subject to a $50.00 fee.

Cancellation

A $900 deposit is required to hold the event date. The deposit is non-refundable. If Customer writes at least 90 days prior to the event date, da Vinci Photo will try to move the booking to another available date. The deposit then applies to that new date. If Customer cancels, fails to cancel, or does not hold the event, the $900 deposit is forfeited. If da Vinci Photo cannot perform and must cancel, the deposit will be refunded in full.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and da Vinci Photo or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability or fitmess for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, da Vinci Photo makes no warranty that your Use of this Site will be uninterrupted or free of errors. This Site may include technical or other errors, inaccuracies, or typographical errors. da Vinci Photo may make changes to the Materials and Services at this Site at any time without notice. The Materials and Services at this Site may be out of date, and da Vinci Photo makes no commitment to update such Materials and Services. You understand and acknowledge that (i) da Vinci Photo does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third party accessible through links on the Site; (ii) da Vinci Photo makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) da Vinci Photo shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. da Vinci Photo assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from da Vinci Photo or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Limitation of Liability

da Vinci Photo’s liability, if any, is limited to the contract amount. In no event, including, without limitation, negligence, shall da Vinci Photo, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not da Vinci Photo has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or third parties, any unauthorized access to or alteration of your transmission of data, any information that is sent or received or not sent or received, or any website referenced or linked to or from this Site.

Indemnity

You agree to indemnify and hold da Vinci Photo harmless, and its subsidiaries, affiliates, officeres, directors, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Severability

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site connstitute the entire agreement you and da Vinci Photo with respect to your Use of the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use , or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by da Vinci Photo to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by da Vinci Photo from its offices within the State of Illinois, United States of America. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products or services, using this Site, shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof. You and Photobooths.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal Courts within Cook County, Chicago, Illinois with respect to such matters.