By accessing or using the Iris Booth website, mobile application, or photo booth services (collectively, the “Service”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you and Iris Booth Incorporated, a corporation registered in Ontario, Canada (“Iris Booth”, “we”, “us”, or “our”).
Iris Booth provides photo booth services and related digital photo capture, storage, and delivery services. Our Service allows users to create accounts, take photos using our booth equipment, and access their photos through our digital platform.
3.1. Age Requirements:
3.2. Account Security:
4.1. Prohibited Content: You may not create, upload, or display content that:
4.2. Prohibited Activities: You may not:
4.3. Responsibility for Conduct: You are solely responsible for your conduct and any content you create through the Service.
5.1. Your Content.
5.2. Iris Booth’s Intellectual Property.
5.3. Content Backup. Iris Booth is not a backup service. We encourage you to maintain your own copies of important content. While we strive to preserve your content, we are not responsible for any loss or corruption of data.
Your privacy is important to us. Our collection, use and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy (as such Privacy Policy is amended, updated or otherwise modified from time to time).
7.1. Service Availability:
7.2. Service Modifications:
8.1. Termination by You. You may terminate your account at any time by deleting it through your account setting or by contacting us at support@irisbooth.com.
8.2. Termination by Us. We may terminate or suspend your account immediately for serious violations of these Terms, including but not limited to:
For less serious violations, we may provide notice and an opportunity to cure the violation before termination.
8.3. Effect of Termination. Upon termination, your right to use the Service shall end immediately. We may delete your account and associated content in accordance with our data retention policy. Sections of these Terms that by their nature should survive termination will remain in effect.
To the maximum extent permitted by law:
9.1. Disclaimer of Warranties. The service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2. Limitation of Liability. In no event shall Iris Booth be liable for any indirect, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, arising out of or relating to your use of the service, whether based on contract, tort, strict liability, or otherwise, even if Iris Booth has been advised of the possibility of such damages.
9.3. Maximum Liability. Our total liability to you for any claims arising from or relating to the service shall not exceed the amount you paid us for the Service in the 12 (twelve) months preceding the relevant claim.
9.4. Essential Services Exception. Nothing in this section limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited by law.
You agree to indemnify, defend, and hold harmless Iris Booth, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:
11.1. Governing Law. These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
11.2. Jurisdiction. Any legal action or proceeding under these Terms shall be brought exclusively before the courts of Toronto, Ontario, and you consent to the jurisdiction of such courts.
11.3. Negotiation. Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days.
11.4. Alternative Dispute Resolution. If negotiation fails, disputes may be resolved through mediation or arbitration in accordance with the rules of the ADR institute of Canada, at the election of Iris Booth.
12.1. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
12.2. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Iris booth regarding the Service.
12.3. Amendment. We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our website. Your continued use of the Service after changes constitutes acceptance of the updated Terms.
12.4. No Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
12.5. Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms to third parties without restriction or prior notice.
12.6. Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
12.7. Consumer Protection. Nothing in these Terms limits your rights under applicable consumer protection laws. If any provision conflicts with mandatory consumer protection requirements, the law shall take precedence.
12.8. Contact Information. If you have questions about these Terms, please contact us at:
Email: support@irisbooth.com
Mailing Address:
1656-329 Howe St.
Vancouver, BC, V6C 3N2
Canada
Registered Office
31 Douglas Dr.
Toronto, ON, M4W 2B2
Canada
By using the Iris Booth Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.