TERMS AND CONDITIONS
JUST A LITTLE MORE FINE PRINT
These Website Terms of Use (“Terms”) govern access to and use of the website located at www.photomatica.com and any related websites, pages, forms, communications, and online services that link to or reference these Terms (collectively, the “Site”), offered by Photomatica Photo Booth Corporation (“Photomatica,” “we,” “us,” or “our”).
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By accessing or using the Site, you agree to be bound by these Terms and by any additional terms, policies, guidelines, or notices posted on or made available through the Site, including Photomatica’s Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms, do not access or use the Site.
If you are using the Site on behalf of a company, organization, event host, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and “you” includes both you and that entity.
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The Site and direct submission features on the Site are intended for individuals 18 years of age or older. By submitting contact information through the Site, including through a contact form, inquiry form, booking request form, or similar feature, you represent that you are at least 18 years old.
The Site and its submission features are not intended for use by anyone under 18 years of age, and individuals under 18 should not submit contact or other information directly through the Site. This restriction concerns use of the Site and does not by itself govern in-person booth, event, or scan experiences; those experiences are likewise intended for individuals 18 or older, and any participation by a minor should occur only with the permission of a parent or legal guardian and remains subject to the applicable on-site notices, event or venue terms, and related consents.
Photomatica’s services may involve photography experiences in which minors appear in photographs or participate in physical booth experiences. However:
• if contact information is submitted in connection with a minor, it should be submitted by a parent or legal guardian; and
• although the Site is intended for adults 18 and older, in no event is the Site directed to children under 13.
Photomatica does not knowingly collect personal information directly from children under 13. If you believe a child has submitted personal information through the Site without appropriate parental involvement, please contact us using the information in Section 24. For more information on how Photomatica handles minors' personal information, including procedures for requesting deletion of a minor's information, see Section 11 of the Privacy Policy.
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Photomatica operates photo booths, photo-scanning services, and related photography experiences at museums, venues, branded activations, private events, and other locations, and the Site provides information about those offerings.
The Site may include, without limitation:
• general information about Photomatica and its services;
• inquiry, contact, or booking request forms;
• information about event, booth, and scan offerings;
• links to privacy information and legal notices;
• marketing, editorial, or promotional content; and
• other online tools or features made available from time to time.
Unless expressly stated otherwise in a separate written agreement signed by Photomatica, the Site is provided for informational, marketing, and inquiry purposes only and does not itself create a binding commitment by Photomatica to provide any service, reserve any date, accept any event, or honor any quoted pricing, availability, or scope.
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Photomatica’s photo booth rentals, branded activations, venue deployments, analog photo strip scanning services, event services, and related deliverables may be subject to separate proposals, event contracts, service orders, invoices, notices at collection, or other service-specific terms.
If there is a conflict between these Terms and a separate written agreement between you and Photomatica for specific services, the separate written agreement will control with respect to those services.
Without limitation:
• descriptions of booth experiences, photo delivery, event photography, or scan services on the Site are informational only;
• availability, pricing, timing, delivery, staffing, equipment, retention periods, and service scope may vary by event, venue, client, activation, or location; and
• some experiences may also be subject to venue, host, operator, sponsor, or brand-client requirements outside Photomatica’s control.
Without limiting the generality of the foregoing, Photomatica's default retention periods vary by service type: (a) for Event Rental and Event Buyout engagements, event photographs may be provided to the client, event organizer, or brand sponsor as part of the contracted services, and Photomatica will make booth output photographs available for a limited access or claim period of [_7_] days following the event date, after which Photomatica may permanently delete the photographs; (b) for Vending Booth deployments, Photomatica will retain booth output photographs for up to 24 hours following capture, after which photographs may be permanently deleted; and (c) for analog photo strip scanning services, Photomatica will retain scan files for up to ninety (90) days following delivery, after which scan files may be permanently deleted. These periods represent Photomatica's standard practice and may be shortened or extended in a separate written agreement. Photomatica is not responsible for loss of photographs or scan files following the expiration of the applicable retention or access period, and participants are encouraged to download or save their photographs or scan files promptly upon delivery.
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You may use the Site to contact us, request information, or submit an inquiry regarding potential services. However:
• submission of an inquiry or booking request does not obligate Photomatica to accept the project;
• Photomatica may decline, limit, or condition services in its discretion;
• event dates, locations, service scope, and pricing are not guaranteed until confirmed by Photomatica in an appropriate separate arrangement;
• content on the Site may be changed, updated, or removed at any time; and
• the Site should not be relied on as legal, business, tax, or other professional advice.
Any timelines, service descriptions, examples, images, or testimonials shown on the Site are illustrative unless Photomatica expressly states otherwise in writing.
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If you submit any information through the Site, you agree to provide information that is current, complete, and accurate.
You may not:
• impersonate another person or entity;
• submit false, misleading, or incomplete contact or event information;
• provide contact information that you are not authorized to provide;
• use the Site to transmit spam, solicitations, or unlawful material; or
• interfere with the operation of any form, request tool, or communication channel.
Photomatica may rely on the information you submit and is not responsible for issues arising from inaccurate, incomplete, or outdated information provided by you or on your behalf.
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Subject to these Terms, Photomatica grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Site solely for legitimate personal or internal business purposes related to learning about Photomatica or communicating with us regarding our services.
You may not use the Site for any purpose that is unlawful, competitive, harmful, abusive, or inconsistent with these Terms.
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You agree not to, and not to permit any third party to:
• use the Site in violation of any applicable law, regulation, or third-party right;
• copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or exploit Site content except as expressly permitted by Photomatica in writing;
• scrape, crawl, spider, harvest, index, frame, mirror, or otherwise collect Site content or data through automated means without Photomatica’s prior written consent;
• use the Site to build or train a competing dataset, model, or service;
• bypass or attempt to bypass security features or access controls;
• introduce malware, ransomware, spyware, or other harmful code;
• probe, scan, or test the vulnerability of the Site or related systems;
• interfere with the Site’s operation or with any user’s access or use;
• use the Site to send unsolicited communications, promotional material, or fraudulent inquiries;
• submit content that is defamatory, infringing, obscene, threatening, discriminatory, or otherwise objectionable; or
• use the Site in a way that could damage Photomatica’s reputation, systems, business relationships, or legal compliance posture.
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The Site, including its overall look and feel, software, code, text, graphics, branding, photographs, designs, compilations, audiovisual material, logos, trademarks, service marks, trade dress, and other content and materials made available by Photomatica on or through the Site (collectively, “Site Content”), is owned by or licensed to Photomatica and is protected by intellectual property and other laws.
Except for the limited right to access and use the Site as expressly stated in these Terms, no right, title, or interest in or to the Site or any Site Content is transferred to you.
You may not use the Photomatica name/marks, its logos, or other brand features without Photomatica’s prior written consent.
All goodwill arising from any permitted use of Photomatica’s marks will inure exclusively to Photomatica’s benefit.
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If you submit or transmit any content to Photomatica through the Site or otherwise in connection with the Site-such as inquiries, messages, testimonials, reviews, suggestions, survey responses, feedback, or other materials (“Submissions”)-you represent and warrant that:
• you have all rights necessary to provide the Submission;
• the Submission does not violate any law or third-party right;
• the Submission is not false, misleading, or defamatory; and
• the Submission does not include material you are not authorized to share.
Unless Photomatica expressly agrees otherwise in writing, you grant Photomatica a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, store, display, perform, adapt, modify, and distribute your Submissions as reasonably necessary to:
• respond to your request;
• operate and improve the Site or our services;
• maintain business records;
• protect our rights;
• comply with law; and
• if the Submission is a testimonial, review, or similar promotional content, display or use it in connection with Photomatica’s business and marketing activities.
Photomatica is not obligated to post, maintain, or use any Submission and may remove or disregard any Submission at any time.
For clarity, photographs, event deliverables, booth outputs, and scan files are governed by the applicable service arrangement, privacy notice, consent flow, or separate agreement-not by this general Submissions section.