Photo Party Upload Terms and Conditions

TERMS AND CONDITIONS

If your event is more than 1 day long and you are using “pay per event” you must set up a new event in Event Manger for each day that you will be using Photo Party Upload. Failure to do so is considered “abuse” and your billing may be adjusted manually to reflect the cost of $30 per day + any additional feature’s charges.

LICENSED SOFTWARE PRODUCT END USER LICENSE AGREEMENT

If you are not in your 2 week trial, you will be billed according to your selected package price for this event.

END-USER LICENSE AGREEMENT FOR “PHOTO PARTY UPLOAD” AND “PHOTO PARTY UPLOAD HELPER.” IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM. LA PHOTO PARTY, INC.’s End-User License Agreement (“EULA”) is a legal agreement between You (either an individual or a single entity) and LA PHOTO PARTY, INC. for LA PHOTO PARTY, INC. software product(s) which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and LA PHOTO PARTY, INC., (referred to as “Licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Licensor reserves all rights not expressly granted to You.

a. Scope of License: This license granted to You for the SOFTWARE PRODUCT by the Licensor is limited to a non-exclusive,  and non-transferable license to use the SOFTWARE PRODUCT on any iPad (for “Photo Party Upload”) that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”), or on any computer (for “Photo Party Upload Helper”) that You own or control running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed (i.e., Windows XP or Windows 7). This license does not allow You to use the SOFTWARE PRODUCT on any iPad or computer that You do not own or control, and You may not distribute or make the SOFTWARE PRODUCT available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the SOFTWARE PRODUCT. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE PRODUCT, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the SOFTWARE PRODUCT). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Licensor that replace and/or supplement the original SOFTWARE PRODUCT, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the SOFTWARE PRODUCT. The licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

ii. Requirements

Payment of a License Fee to LA PHOTO PARTY, INC., is required if the SOFTWARE PRODUCT is used for Commercial Purposes. The current amount of the License Fee and method of payment may be obtained by contacting  LA PHOTO PARTY, INC. through one of the means listed below:

Phone: 310.730.5277

Email: support@laphotoparty.com

Website: www.laphotoparty.com

Before payment of the License Fee, You may use the SOFTWARE PRODUCT for Commercial Purposes during a single 14-day Evaluation Period in order to determine whether or not the SOFTWARE PRODUCT meets the intended needs and performs satisfactorily. After that Evaluation Period, You must pay a License Fee or else cease use of the SOFTWARE PRODUCT.

If You supply credit or debit card information for future payment before commencing the 14-day Evaluation Period, You hereby grant the Licensor the ability and right to automatically bill You the agreed License Fee upon completion of the 14-day Evaluation Period. Such automatic billing commences at midnight of the fifteenth calendar day after the acceptance of these terms and condition for the SOFTWARE PRODUCT.

You must submit Your written intention to discontinue use of the SOFTWARE PRODUCT to the Licensor and RECEIVE CONFIRMATION OF DISCONTINUATION FROM THE LICENSOR before the end of the 14-day Evaluation Period (i.e., before midnight of the fifteenth calendar after acceptance of these terms) in order to avoid automatic billing of Your credit or debit card by the Licensor. Such discontinuation thereby terminates this license, pursuant to termination conditions listed below.

You must pay all Fees by their due date. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this EULA.

d. Termination. The license is effective until terminated by You or the Licensor. Without prejudice to any other rights and in addition to any other termination rights in this EULA, Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Immediately upon termination of the license, You at Your own cost shall cease all use of the SOFTWARE PRODUCT, and destroy all copies, full or partial, of the SOFTWARE PRODUCT.

e. Services; Third Party Materials. The SOFTWARE PRODUCT may enable access to the Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPad and licensed computers are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

f. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE PRODUCT (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED SOFTWARE PRODUCT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE LICENSED SOFTWARE PRODUCT  OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR DISCLOSURE OF CONFIDENTIAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

h. You may not use or otherwise export or re-export the licensed SOFTWARE PRODUCT except as authorized by United States law and the laws of the jurisdiction in which the licensed SOFTWARE PRODUCT was obtained. In particular, but without limitation, the licensed SOFTWARE PRODUCT may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed SOFTWARE PRODUCT, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

i. The Licensed SOFTWARE PRODUCT and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

j. The laws of the State of California, excluding its conflicts of law rules, govern this license and Your use of the Licensed SOFTWARE PRODUCT. Your use of the Licensed SOFTWARE PRODUCT may also be subject to other local, state, national, or international laws.

The Software is to be used primarily (75% or more) in the City where your account was registered. Use in other locations requires an additional License.


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