Last update: January 28, 2021
IMPORTANT – PLEASE READ THIS AGREEMENT BEFORE USING, DOWNLOADING OR INSTALLING THE SOFTWARE.
This End User License Agreement (“Agreement”) is a legal agreement between you and Foto Master Ltd and its applicable affiliate(s) (“Foto Master”).
By using, downloading or installing the Software, you agree to abide by this Agreement. If you are entering into this Agreement on behalf of an entity, you represent that you have the authority to bind lawfully that entity. If you do not have such authority or you do not agree to any terms of this Agreement, you are not allowed to use, download or install the Software.
Please indicate your acceptance of the Agreement by selecting the ‘Accept’ button at the end of this Agreement.
If you do not agree to these terms, select on the ‘Decline’ button at the end of this Agreement (if possible).
If you do not have a structured option to indicate your choice, you agree that by downloading, using or installing the Software you accept all the terms set out in this Agreement. Otherwise, please refrain from any use of the Software.
The term “Software” in this Agreement shall refer to Foto Master computer program(s) and any related upgrades, improvements, firmware and documentation.
Ownership and Intellectual Property Rights
All title, ownership rights and intellectual property rights in and to the Software and its outputs including, without limitation, all codes, algorithm, Software generated content, content that is generated or derived in connection with your use of the Software, copies, text, graphics, animations, thumbs, visual content, audio visual content, fictional characters, effects, improvements, enhancements, derivative works, content that is generated or derived in connection with your use of the Software or other works related to or based on the Software, are owned solely by Foto Master and its licensors.
The Software and any portion thereof is protected by national and international intellectual property laws, acts and regulations, including copyrights laws and international treaties. You are authorized to use the Software only as per the terms and conditions of this Agreement. Any use of the Software not expressly permitted to you under this Agreement is entirely prohibited.
The trademarks, logos and service marks displayed on or in the Software (the ‘Marks’) are the sole property of Foto Master or its licensors. You are not permitted to use the Marks without the prior written consent of Foto Master.
Subject to terms of this Agreement, Foto Master grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the Software for your direct benefit in connection with photo booth activities (the “License”). You shall not distribute, redistribute, sell, lease, sublicense, modify, copy, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or any portion thereof.
The License key is non replaceable, once granted, and Foto Master shall not issue a new License key. If you cannot find or use your license key, please contact Foto Master’s support team at support@fotomaster.com.
The Software and the License shall be used solely by you and your authorized personnel, on one device only. You shall not transfer, sublicense or assign the License or the Software to any other third party. Any transfer or assignment of the License in contrast to the provisions of this Agreement shall be void and of no effect whatsoever.
The Software may be accessed by or available to the Foto Master app(s) (“Foto Master App”) downloadable from Google Play, App Store or other similar platforms (“Platforms Sites”). To the extent permitted by the default terms of the Platforms Sites, this Agreement shall govern any use of the Software through the Foto Master App.
All payments and fees paid or payable by you for this License and/or for any Foto Master labeled product to which the Software is attached or pre – installed, are non – refundable and non cancellable.
All payment invoices are due on the date of issuance. All amounts are to be paid only in US dollars unless otherwise expressly stated in the invoice.
All fees and other amounts paid or payable by you under this Agreement are not including taxes of any kind. You are the sole responsible for all applicable taxes and other duties and charges which may be imposed by federal, state, or local authority with respect to the license fees.
You may have an option to obtain a subscription of upgrades and support to your License on a yearly basis (“Subscription Plan”), subject to a payment of subscription fees (“Subscription Fees”). The Subscription Fees will be paid through Foto Master’s designated payment processor(s) (e.g. Paypal), and are subject to their service terms and conditions. The Subscription Fees are non-refundable and non cancellable, to the extent permitted by applicable law.
The Subscription Fees may be changed from time to time, as per Foto Master’s sole discretion.
In order to prevent interruption to your use of our upgrades and support when using our Subscription service, you consent that the Subscription Plan will automatically be renewed at the end of its initial term for a period equal in time and at the same price, unless otherwise has been notified to you (“Auto Renewal Term”).
You will be able to terminate the Auto Renewal Term prior to the expiration of the current term at any time, by simply changing the relevant setting at your payment processor’s account used for the payment. For an example, please refer to the Paypal’s guidelines on how to cancel auto payments: https://www.paypal.com/gi/smarthelp/article/how-do-i-cancel-an-automatic-payment-i-have-with-a-merchant-faq2058.
You shall not use the Software except as set forth in the License. You shall not, and shall not authorize any third party on your behalf, to:
Foto Master may release or issue, from time to time, certain features, servers or other services that are still under testing or evaluation. These services may include, inter alia, beta cloud servers, storage and bandwidth options for uploading content (“Experimental Services”).
Experimental Services do not form part of the License or any upgrade or support service of Foto Master, and may not be as reliable as the regular or official Foto Master’s services.
Experimental Services are generally designed to collect user feedback and comments, and are confidential and not intended for use in public events.
YOU ASSUMES ALL RISKS AND COSTS ASSOCIATED WITH YOUR USE OF THE EXPERIMENTAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY BACKUP EXPENSES AND ANY DIRECT OR INDIRECT LOSSES OR DAMAGE RELATED TO EQUIPMENT, SOFTWARE, INFORMATION, CONTENT OR DATA OF ANY KIND OR NATURE.
THE EXPERIMENTAL SERVICES ARE NOT DESIGNED TO COLLECT, PROCESS OR STORE PERSONAL INFORMATION OF ANY DATA SUBJECT(S).
The Experimental Services are provided to you on the basis of “AS – IS” and “AS – AVAILABLE”, and without warranties of any kind or nature.
Foto Master may stop providing the option to use the Experimental Services at any time and for whatsoever reason.
Foto Master may enable you to use certain beta cloud services for testing and evaluation purposes. These beta cloud services shall be part of the Experimental Services as defined hereinabove, and subject to their limitations (“Beta Cloud Services”). The Beta Cloud Services may allow you to upload and store content on cloud servers with limited storage space and bandwidth. The Beta Cloud Services are provided for free and do not form any part of the License or the Subscription Plan, and may be subject to additional terms.
In addition to the Beta Cloud Service, you may be able to purchase from Foto Master paid cloud service (“Paid Cloud Service”). The Paid Cloud Service shall not form any part of the License or the Subscription Plan, and will be subject to additional and separate terms of use.
The Beta Cloud Services and the Paid Cloud Services shall be collectively referred to as the “Cloud Services”.
Your use of the Cloud Services will be subject to the restrictions imposed on your use of the Software under this Agreement, mutatis mutandis.
In addition, you shall not initiate any disruption of the Cloud Service, including by a way of unauthorized access, penetration testing, crawling or distribution of malware, and shall not take any actions that may negatively affect the performance of the Cloud Services.
Foto Master may, from time to time and without your permission or consent, update and change Software configurations or features. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely, and Foto Master will determine the content, features and functionality of the update or Software change in its sole discretion. You may need to purchase a Subscription Plan and/or download and permit installation or activation of all available updates to obtain maximum benefit from the Software updates. Foto Master in its sole discretion will determine when and if updates are appropriate and necessary.
Certain services available through or by the Software may enable you to share or link content to or with third party’s platforms (e.g. social media). You acknowledge that Foto Master has no control or responsibility over the legality, privacy and data security practices or methods of such third parties’ platforms and services.
Foto Master may access, process and use personal data about you or your end users in connection with your use of the Software (“Personal Data”). Foto Master will use and process the Personal Data in accordance with its privacy policy which is incorporated by reference at https://fotomaster.com/policies/#privacy-policy and forms an integral part of this Agreement.
You will comply with all data protection and privacy laws and rules applicable to you with respect to the Personal Data.
You hereby agree and acknowledge that any Personal Data related to your end users or your client’s end user which is transmitted through or processed by the Software during events or other activities, including photos taken or captured by the Software, has been collected and obtained by you with all applicable authorizations, consents and permits required by law for such an operation, and you acknowledge Foto Master’s use of such Personal Data.
In this instance, you may conspicuously post a privacy policy or other statement notifying your end users about the personal data you are going to collect and use and how you will use it.
ACCORDINGLY, YOU ASSUME ALL RISKS AND LIABILITIES ARISING OUT OF YOUR FAILURE TO ACT AS MENTIONED ABOVE.
You grant Foto Master a permission to use your business logo or trademark on the Foto Master website, social media pages, or any other marketing material when referring to you, your content or your business.
By tagging on social media platforms photos, videos or other content using #FotoMaster or similar tags, you grant Foto Master a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and make available of the tagged content, in whole or in part, through any media means, for promotional and marketing purposes.
Foto Master may give you a non exclusive access to its tutorials, help files, manuals, marketing materials, photos and videos made available to you as part of the purchase package (“Foto Master Materials”). Foto Master fully retains all copyrights in and to the Foto Master Materials.
You shall not sell, rent or otherwise distribute Foto Master Materials to any other third party without receiving Foto Master’s prior written consent. Foto Master shall have the exclusive right to instruct you, at any time, to cease from use of the Foto Master Materials or to remove any of the Foto Master proprietary assets (e.g., Software animations, graphic element, product designs) contained in any promotional content you may generate, in the event that Foto Master deems, in its sole discretion, that such use may violate Foto Master’s rights, benefit its competitors, or otherwise violate any other third party’s legal rights.
You may be able to upload, transmit and share content of you or your end user through the use of the Software (“User Content”). You are the sole responsible for having all the necessary consents and permissions from the User Content owners that such operations does not violate any third party's intellectual property rights or other legal rights, including without limitation, any privacy rights, publicity rights, and copyrights.
By uploading, sharing or otherwise transmitting User Content to or through the Software, you grant to Foto Master an irrevocable, unlimited, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license, to use, copy, distribute, modify, display, transmit, make publicly available and create derivative works of the User Content through any media means and for commercial and promotional purposes. You warrant and acknowledge that the User Content’s
owner waives his moral rights in or to the User Content with respect to the Foto Master’s use of the User Content.
The Software contains source code, trade secrets, and other confidential information of Foto Master and/or its licensors, that may include, without limitation, information relating to the performance, operation, know-how, processes, methods, algorithms, software code, structure, architecture, reliability or stability of the Software (“Confidential Information”). You acknowledge and agree to hold the Confidential Information in strict confidence and to not disclose or otherwise distribute it to any third party without Foto Master prior written consent.
THE SOFTWARE, AND ANY AND ALL COMPONENTS, FILES, DATA, AND MATERIALS THEREOF, ARE DISTRIBUTED AND PROVIDED TO YOU ON THE BASIS OF “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS REGARDING TO FITNESS FOR SPECIFIC
PURPOSES OR COMMERCIAL REVENUE, DESIGN, CAPACITY, RESPONSE TIME, PERFORMANCE, TITLE, AND NON-INFRINGEMENT.
ALTHOUGH FOTO MASTER IS MAKING EFFORTS TO ENSURE PROPER OPERATION OF THE SOFTWARE, FOTO MASTER DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED AT TIMELY MANNER AND IN A PROPER WAY, OR THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM, DEVICE OR NETWORK ON WHICH THE SOFTWARE IS INSTALLED ON OR INTERFACED WITH, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ANY OTHER ATTACK.
IN NO EVENT WILL FOTO MASTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF FOTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; (C) WASTED EXPENDITURE, LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES, EVENTS, SAVINGS, OR TIME; (D) LOSS OF USE OF ANY DEVICE, LOSS OF DATA OR INFORMATION OF ANY KIND AND NATURE.
FOTO MASTER HAS NO CONTROL OVER THE AVAILABILITY OR ACCESSIBILITY OF THE SOFTWARE, INCLUDING WITH RESPECT TO ITS INTERFACING WITH OTHER THIRD PARTIES’ PLATFORMS OR SERVICES. FOTO MASTER SHALL HAVE NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY ACTION TAKEN BY SUCH THIRD PARTIES IN RELATION TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (A) REMOVING THE SOFTWARE FROM THIRD PARTY’S PLATFORMS; (B) LIMITING OR PREVENTING THE ACCESSIBILITY TO OR THE AVAILABILITY OF THE SOFTWARE, FOR WHATSOEVER REASON.
FOTO MASTER SHALL HAVE NO RESPONSIBILITY FOR ANY DEACTIVATION, UNAVAILABILITY OR IMPAIRING OF ANY FEATURE, CHARACTER OR CONFIGURATION OF THE SOFTWARE INTERFACING WITH OR DEPENDING ON ANY THIRD PARTIES’ PLATFORM OR SERVICE.
To the extent permitted by applicable law, you agree to indemnify, hold harmless, and defend Foto Maste, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses and liabilities of any kind and nature, including reasonable attorneys’ fees, arising out of or in connection with your use of the Software in violation of this Agreement, or your violation of any third party rights, including without limitation, any intellectual property or
privacy right.
You consent that Foto Master may send you promotional and marketing content about its products and services (“Promotional Content”), either through email, phone, online chat, social media platforms or any other communication means. You have the right to ask Foto Master at any time to stop sending the Promotional Content to you, by sending an email to support@fotomoaster.com or by using the unsubscribe mechanism included in the Promotional Content.
Foto Master may contact you on matters concerning its services, including with respect to billing or other technical or informational issues. To the extent permitted by applicable law, you may not be able to unsubscribe from receiving these communications.
To the maximum extent permitted by applicable law, you and Foto Master expressly agree to not seek or bring in, join, be part of or participate in any class or representative action or any other legal action where an individual or entity acts as part of a collective, with respect to any dispute or claim arising out of or in connection with this Agreement.
The License shall commence on the date Foto Master makes the Software available to you for download, and ends on the expiration date of the License term or upon termination. Foto Master may terminate the License immediately upon your breach of any of the Agreement’s provisions not fully cured within five (5) days after receipt of written notice of the breach. No refunds will be available in any case of termination, for whatsoever reason.
Upon termination of the License, you shall immediately cease all use of the Software and any copies thereof, including Software key, and return to Foto Master all Confidential Information you possess or control over. Upon request, you will provide Foto Master with a written confirmation for your compliance with these requirements.
This Agreement shall be governed by and construed in accordance with the laws of Israel.
Exclusive venue for all disputes and claims relating to this Agreement shall be in the courts located in Hamerkaz district, Israel. Without derogating from the above, This Agreement shall be governed by and construed in accordance with the laws of Israel. Exclusive venue for all disputes and claims relating to this Agreement shall be in the courts located in Hamerkaz district, Israel.
Without derogating from the above, you agree that Foto Master shall have the exclusive right to seek injunctive relief or other equitable relief with respect to any breach of this Agreement in the jurisdiction where you are located or operate business, in addition to any other remedy to which Foto Master is entitled at law or in equity.
The application of the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded.
Foto Master may change, modify, update or otherwise amend this Agreement at any time, in its sole discretion and without providing you with a notice (“Amendments”). All Amendments shall be effective upon posting the amended Agreement on Foto Master’s website, or when you next access the Software, whichever is earlier.
You shall not use or otherwise export or re-export the Software except as authorized by applicable laws and regulations.
To the extent permitted by applicable law, all payment, fees, and restrictions obligations under this Agreement shall remain in full force and effect under all conditions and shall survive any force majeure event(s) and circumstances that may result, directly or indirectly, from acts of God, fires; floods, hurricanes, wars, civil or military disturbances, sabotage, strikes, epidemics, COVID – 19 effects and any other events or circumstances beyond reasonable control.
The Software may contain open source software, available in accordance with their relevant licenses and documentation.
Failure or delaying by either party to enforce any right under this Agreement shall not be considered as a waiver for that right.
This Agreement constitutes the entire agreement between you and Foto Master and shall govern your use of the Software in all aspects. This Agreement supersedes any prior agreements, proposals or understandings, whether orally or not, between you and Foto Master in relation to your use of the Software.
For any question or issue concerning this Agreement, please contact: support@fotomaster.com.
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