- Last Updated: April 4, 2016
Social Rewards offers a digital photography service via the Photo Booth. You can have your picture taken in the Photo Booth (the “Photo”). You’ll have to provide us with your age, and email address or your mobile phone number, so we can send your Photo to you. After you have your Photo taken, we’ll send it to you by email or text message. You understand and agree that we may also display your Photo on the screen outside the Photo Booth. If you are 13 years or older, we may also post your Photo on or to the pages or accounts on social networking services such as Facebook, Twitter, Google Plus and Instagram (“SNS”) of Social Rewards or of a company with which Social Rewards has a partnership (“Partners”). In addition you agree that we and a Partner may send you advertising and marketing materials with recommendations and information that might be of interest to you.
Social Rewards and its licensors own all rights in the photo services and backdrop images, software, text, videos, audios, and materials made available through or via the services (the “Content”) and the Photo (subject to your rights of publicity). You give us permission to take your picture and share it on the Photo Booth, Photo Booth’s outside display and any Social Rewards’ or Partners’ SNS (if applicable) and you agree that this action does not violate your rights of publicity or privacy. Nothing in these Terms will restrict any rights that you have to use and exploit your own image. Subject to these Terms, Social Rewards grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Photo solely for your personal and non-commercial purposes. You agree not to use the Photo Booth in any manner that is indecent, pornographic or in violation of any laws.
By checking the appropriated dialogue box during the registration process, and if you are 13 years or older you give your express consent authorizing Social Rewards on behalf of itself and its Partners, or any company with which Social Rewards subcontracts for advertising and marketing purposes, to contact you by telephone call or text message at the number you provide to Social Rewards in the Photo Booth, including with advertising or telemarketing messages, and including calls made using an automatic telephone dialing system or artificial or prerecorded voice. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You understand that you may opt out of such messages.
We'll collect your name, email address and/or phone number (the "PII"), so that we can send your Photo to you. We’ll also collect your age and gender. If you are under 13 years old, we will not store any information about you and will delete such information from our system immediately after sending your Photo to you.
We may engage third party service providers to work with us or with Content providers to administer and provide the services and the advertising and marketing activities. These third-party services providers have access to your PII only for the purpose of performing services on our behalf. We’ll also share your PII with Partners and Partners may use your information to send you e-mails with promotional materials, and for Partner's internal purposes in connection with industry research and analysis, demographic profiling and other similar purposes. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
SOCIAL REWARDS, ITS LICENSORS, PARTNERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PHOTO BOOTH OR RESULTING FROM THE PHOTOS AND THE SHARING OR SUCH PHOTOS.
IN NO EVENT WILL SOCIAL REWARDS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PHOTO BOOTH OR PHOTO EXCEED THE AMOUNT YOU HAVE PAID TO USE THE PHOTO BOOTH IF ANY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCIAL REWARDS AND YOU.
- Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
- Agreement to Arbitrate
You and Social Rewards agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, Content or Photo (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Social Rewards are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Social Rewards otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules
The arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure
Unless you and Social Rewards otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Social Rewards submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Social Rewards will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Social Rewards will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).