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Fiesta Photo Booth Software Terms and Conditions

Last Updated: February 4, 2024

Welcome to Fiesta, a Photo Booth software application ("Fiesta," "we," "our," or "us"), provided by Photobooth Supply Co. By using Fiesta, you agree to comply with and be bound by the following terms and conditions ("Terms of Use"). Please read these Terms of Use carefully before using the Fiesta software.

1. Acceptance of Terms

By accessing or using the Fiesta software, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the software.

2. Use of the Fiesta Software

2.1. License:

Photobooth Supply Co grants you a limited, non-exclusive, non-transferable, and revocable license to use the Fiesta software for your personal or business use.

2.2. Fiesta Software:

 Buyer understands and agrees that the Goods are operated with proprietary Fiesta software, owned and updated by Seller.

2.3. License Fee and Auto-Billing:

Seller agrees to give the Buyer a non-transferable license to use the proprietary Fiesta Software in exchange for a subscription license fee of $49-$99.00/month or annual license. This license fee is subject to change with Fiesta Software updates, and the Seller will notify the Buyer of pending changes to subscription license fees. The license is non-transferable. Customer agrees to allow Supplier to charge a credit card held on file $49-$99.00/month on the first date the software is purchased. Auto-billing may be canceled at any time. 3. User Accounts

3.1. Registration: 

To use certain features of the Fiesta software, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process.

4. Privacy

4.1. Data Collection: 

We may collect and use information as outlined in our Privacy Policy. By using Fiesta, you consent to the collection and use of your data as described in the Privacy Policy.

4.2. Privacy Policy: 

Please review our Privacy Policy to understand how we collect, store, protect, and handle your personal information. Our Privacy Policy governs your use of Fiesta and your rights concerning the data you provide to us.

4.3. Marketing Usage Disclaimer: 

The company ensures that any information or data collected from the software will not be used for direct marketing purposes targeted towards individuals who have used the product. Any marketing efforts directed at individuals who have used the software are purely coincidental and not based on the data collected from their usage.

5. Intellectual Property Rights

5.1. Ownership: 

Fiesta and its original content, features, and functionality are owned by Photobooth Supply Co and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 User Generated Content: 

By using the Fiesta mobile application (the "App"), you agree to abide by the following terms and conditions related to the uploading and sharing of music or any other audio content (collectively, "User-Generated Content"):

5.2a Ownership and Rights: 

You, as a user, are solely responsible for ensuring that you possess all necessary rights, licenses, permissions, and consents required to upload and share any User-Generated Content through the App. This includes, but is not limited to, the rights related to copyright, trademark, publicity rights, and any other applicable intellectual property rights.

5.2b Indemnification: 

You hereby indemnify and hold harmless Fiesta App and its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party claims alleging that the User-Generated Content uploaded by you infringes upon the intellectual property rights or any other rights of any third party.

5.2c Representation and Warranty: 

By uploading User-Generated Content, you represent and warrant that: a. You own the rights to the content or have obtained all necessary licenses and permissions. b. The content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. c. The content complies with all applicable laws, regulations, and industry standards.

5.2d Monitoring and Removal: 

Fiesta App reserves the right to monitor User-Generated Content and may, at its sole discretion, remove any content that it believes violates these terms or is otherwise objectionable. Fiesta App is not obligated to review all content but may do so in its discretion.

5.2e. Repeat Infringer Policy: 

Fiesta App may terminate the accounts of users who are found to be repeat infringers of intellectual property rights.

6.Termination and Refunds

6.1. Termination and License Revocation: 

Buyer acknowledges and understands that the proprietary Fiesta Software may not be operated without a valid software license, and failure to pay the monthly subscription fee will terminate the software license within thirty (30) days from the due date. Operation without a valid software license constitutes copyright infringement and violators will be prosecuted.

6.2. No Refunds: 

Payments are nonrefundable, and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

7. Change of Fees

7.1. Fee Changes: 

Supplier may change the price for the Paid Subscriptions, Pre-Paid Period, or Codes and will communicate any changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change.

By using the Fiesta software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.