This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we supply the administration platform service (Service) referred to on our website (our site) to you, the client (whether a person, firm, company or other body corporate), who registers to use the Service (you).
These Terms will apply to any contract between us for the supply of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before entering or using our site. Please note that by entering or using our site, you agree to be bound by these Terms and the other documents expressly referred to in them. Your attention is particularly drawn to the provisions of clause 12.
Please click on the button marked "I Accept" when submitting your registration if you accept these Terms. If you refuse to accept these Terms, you will not be able to register on our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 8.
Please note that these Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.videobooth2.tv and provide the Service to you. We are Video Booth Systems Limited, a limited company registered in England and Wales under company number 05411424 and with our registered office and main trading address at Unit 8 Schooner Park, Schooner Court, Crossways, Dartford, DA2 6NW. Our VAT number is 858 3660 87.
1.2 To contact us, please see our homepage where you will find our contact details.
1.3 In relation to the Service, you are the Data Controller and we are the Data Processor.
2.1 Definitions. In these Terms, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Client Equipment: any equipment that you own or control and use to capture Participant Content that is subsequently transferred to a platform on our site, including (but not limited to) your own website, iPad or other device (but excluding a Unit).
Commencement Date: has the meaning set out in clause 3.2.
Contract: the contract between you and us for the provision of the Service in accordance with these Terms.
Data Controller: as defined in the Data Protection Legislation.
Data Processor: as defined in the Data Protection Legislation.
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Data Subject: as defined in the Data Protection Legislation (for the avoidance of doubt, a Participant is a Data Subject).
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Participant: an individual (who will also be a Data Subject) who creates Participant Content, whether via a Unit or via any other technical means supplied by you or a third party, which is submitted to the platform on our site.
Participant Content: the material (including without limitation all text, information, data, images, audio or video material in whatever medium or form) recorded using the Unit(s), whether by you, your employees or any other persons authorised by you, or which is captured through your Client Equipment and subsequently transferred to our site.
Personal Data: as defined in the Data Protection Legislation.
Service: our website at www.videobooth2.tv (our site) which enables you or a third party nominated by you (such as your PR company) to access the designated platform on our site using the log-in(s) provided by us in accordance with these Terms.
Terms: these terms and conditions as amended from time to time in accordance with clause 8.
Unit: the equipment (such as a kiosk or booth) hired or sold (as the case may be) by us to you, including the software installed on it, for the purposes of enabling the Participant Content to be recorded.
2.2 Construction. In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) references to the Service includes the content of the site (Content);
(c) a reference to a party includes its personal representatives, successors or permitted assigns;
(d) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(e) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(f) a reference to writing or written includes faxes and emails.
3.1 By asking us to arrange for you to be registered on our site, you confirm that:
(a) you are legally capable of entering into binding contracts and, if you are entering into this Contract on behalf of a business entity of any kind, that you are duly authorised by the legal entity on whose behalf you are registering to bind it to this Contract;
(b) if you are an individual, you are at least 18years old.
3.2 Your registration for the Service shall only be deemed to be accepted when you check the box to confirm acceptance of these Terms when you first log-in to use the Service, at which point and on which date the Contract between us shall come into existence (Commencement Date).
3.3 The Contract constitutes the entire agreement between you and us, and you acknowledge that you have not relied on any statement, promise or representation (whether made or given by us or on our behalf) which is not set out in the Contract.
3.4 Any descriptive matter or advertising issued by us or displayed on our site is for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or have any contractual force.
3.5 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.1 You acknowledge and agree that:
(b) you have sole responsibility for the Participant Content (whether recorded via a Unit or captured through your own Client Equipment and subsequently transferred to a platform on our site). We exclude to the fullest extent permitted by law all liability in connection with the Participant Content, whether to you or to any third party, and whether in contract, tort or otherwise, and you acknowledge that this is reasonable because we do not own the Participant Content, and we have no control over the Participant Content beyond storing it on our platforms and making it available to you and to Participants and other third parties in accordance with these Terms. In particular we make no guarantee or representation to you that the Participant Content will be of satisfactory quality or suitable for your purposes;
(c) (without prejudice to the requirements of clause 9) as Data Controller and owner of the Participant Content, you are solely responsible for ensuring that you have obtained the agreement of Participants to the following prior to their commencing recording of any Participant Content or inputting their Personal Data:
(iii) the requisite prior consent of each Participant to your use (and our processing) of the Participant Content for all of the purposes for which you require it, in order fully to comply with your obligations as Data Controller in relation to the Participant Content under the Data Protection Legislation, each such consent to be (among the other requirements of the Data Protection Legislation) freely given, specific, informed and unambiguous, and (where the Data Protection Legislation so requires) given by means of positive opt-in.
(e) where you or any event at which the Participant Content is recorded are situated outside the UK, you are solely responsible for compliance with any local laws, rules or regulations which apply to the creation, use, storage or dissemination of the Participant Content and our processing of it on your behalf;
(f) where a Participant opts out of receiving marketing materials from you (either by not opting-in at the time of providing the Participant Content or by opting-out subsequently), you are solely responsible for recording such opt-outs, for ensuring that you comply with them, and for notifying us as your Data Processor accordingly; and
4.2 You agree to provide true, accurate, current and complete information about yourself and / or your business as prompted by the Service registration process (Registration Details). You further agree that, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated Registration Details via the Service, or otherwise advise us promptly in writing of any such changes or updates. You also agree to update your Registration Details (including, but not limited to, your current email address) as soon as they change.
4.3 You will:
(a) co-operate with us in all matters relating to the Service;
(b) provide us with such information and materials as we may reasonably require in order to hold the Participant Content on your behalf and to supply the Service to you, and you will ensure that such information is complete and accurate in all material respects.
4.4 When you register to use the Service, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person or company to use your User ID to access or use the Service under any circumstances, unless such person or company is a third party nominated by you to use the Service on your behalf and we have been made aware of such nomination before they begin to use the Service. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID to any third party or to any individual within your organisation, or you allowing another person to access and use the Service on your behalf.
4.5 You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
4.6 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
4.7 You shall indemnify us against any liability incurred by us in respect of:
(a) any breach by you of any of the provisions of this clause 4, or clause 5, or your obligations under clause 9, and in respect of any breach by us of the Data Protection Legislation that is caused by you; and
(b) any liabilities, costs (including legal costs), claims, demands, fines, damages, losses (whether direct, indirect or consequential) and expenses arising out of or in connection with that liability or failure, or paid or agreed to be paid by us in relation to the defence or settlement thereof, except to the extent the liability or failure arises as a result of our own action or omission.
(a) our capturing the Participant Content (where a Unit is used for this purpose);
(b) your capturing the Participant Content (where your Client Equipment is used for this purpose);
(c) our holding the Participant Content via the platforms on our site;
(e) our sending an email or emails to the Participant's email address providing them with a link to the Participant Content they have submitted, and also to any third party email address the Participant has supplied for the purposes of sharing the Participant Content with such third party;
(f) our enabling the Participant Content to be shared on third party social media platforms.
Once we have accepted your registration as described in clause 3.2 above, you will be able to use the designated platform on our site for the purposes described in these Terms, using the log-in details we provide to you. It is a condition of you and / or your nominated representative being granted access to the Service that your and their use of the Service and of any Participant Content complies in all respects with:
(a) the standards set out in our acceptable use policy;
(b) these Terms; and
(c) the Data Protection Legislation and all other applicable laws and regulations (including, if you or your nominated representative are situated outside the UK, any relevant local laws and regulations applicable to the Service, the Participant Content, or these Terms).
7.1 Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements.
7.2 We cannot guarantee that the Service will be fault free. If a fault occurs in the Service you should report it to us immediately by contacting us at http://support.videoboothsystems.com and we will attempt to correct the fault as soon as we reasonably can.
7.3 Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7.4 We reserve the right at any time to make any changes to the Service, our site, the platforms on our site and any Participant Content we are holding which are necessary to comply with any applicable laws or regulations, or which do not materially affect the nature or quality of the Service.
7.5 The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We will not be liable for any telephone or other costs that you may incur.
7.6 Registration for the Service is conducted in the English language only.
8.1 You will pay the monthly or annual subscription fees (as the case may be) for use of the Service, as set out in our price list from time to time in force, with effect from the Commencement Date.
8.2 All subscription fees referred to in these Terms are exclusive of value added tax (where applicable), which shall be added to our invoice(s) at the appropriate rate.
8.3 We will invoice you on a monthly or annual basis (as the case may be) in advance in relation to the subscription fee, or as otherwise agreed in writing with us. Each invoice is due and payable 30 days after the invoice date, unless we have agreed otherwise in writing. If we have not received payment within five days after the due date, then (without prejudice to any other rights and remedies we may have):
(a) we shall be entitled to suspend provision of the Service without notice while the invoice(s) concerned remain unpaid; and
(b) interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of Barclays Bank plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
9.1 You and we will each comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to, and does not relieve, remove or replace, your or our obligations under the Data Protection Legislation.
9.2 You and we each acknowledge that for the purposes of the Data Protection Legislation, you are the Data Controller and we are the Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule 1 sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of Personal Data and categories of Data Subject.
9.3 Without prejudice to the generality of clause 9.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this Contract and our provision of the Service to you.
9.4 Without prejudice to the generality of clause 9.1, we shall, in relation to any Personal Data processed by us in connection with our performance of our obligations under this Contract:
9.5 You consent to us appointing Memset Limited (our server host in relation to the Services, whose registered office is at Building 87, Dunsfold Park, Stovolds Hill, Cranleigh, GU6 8TB and whose company number is 04504980) as third-party processors of Personal Data under this Contract. We confirm that we have entered or (as the case may be) will enter into a written agreement with each of the third-party processors substantially on that third party's standard terms of business. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us pursuant to this clause 9.5.
9.6 Either you or we may, at any time on not less than 30 days' notice, revise this clause 9 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply on expiry of such notice period).
10.1 We may revise these Terms from time to time in the following circumstances:
(a) technical changes to the Service, our site and / or the platforms on our site (but not in respect of clause 9, other than as set out in clause 9.6 or the following sub-clause (b)); or
(b) changes in relevant laws and regulatory requirements.
10.2 If we have to revise these Terms under clause 10.1, we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 13.2.
11.1 We own all Intellectual Property Rights in or arising out of or in connection with the Service, the Content, the platforms and our site.
11.2 You hereby grant to us a non-exclusive, perpetual and irrevocable worldwide licence to include any information you provide to us (the Information) on our site, and to use such information in our own editorial content, marketing or promotional materials in any medium and on a worldwide basis, including on our site.
11.3 You acknowledge that, in respect of any third party Intellectual Property Rights in any Information provided for use by us on our site or otherwise in connection with the Service (including for the avoidance of any doubt the Participant Content, and any other text, data, images, graphics, photographs and other materials), our use of any such Intellectual Property Rights requires you to have first obtained a written licence from the relevant licensor or Participant (as the case may be) on such terms as will either entitle you to license such rights to us, or grant such rights direct to us. You warrant that you have obtained any and all such licences and shall provide copies of them to us on demand.
11.4 You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that any Participant Content and/or the Information infringes Intellectual Property Rights belonging to a Participant or any third party (IP Claim).
11.5 In the event of an IP Claim, we will:
(a) promptly notify you in writing of the claim or action;
(b) make no admission or settlement without your prior written consent;
(c) (subject to your reimbursement of our costs (including legal costs) and expenses) give you all the information and assistance that you may reasonably require; and
(d) allow you complete control over any negotiations, litigation and settlement of any such claim or action.
12.1 Without prejudice to our obligations under clause 9, the Service, our site and the platforms on it are provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our site, our platforms, the Service, the Content, or any Participant Content you access using the Service, are virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
12.2 In particular, we disclaim all liabilities in connection with the following:
(a) incompatibility of the Content or the Participant Content with any of your equipment, software or telecommunications links;
(b) technical problems including errors in or interruptions to the Service and / or your access to the Participant Content stored on our platforms; and
(c) unreliability or inaccuracy of the Content or of any of the Participant Content stored on our platforms;
(d) unsuitability of the Participant Content for your purposes.
12.3 Except as expressly and specifically provided in these Terms:
(a) we shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Service, or any actions taken by us at your direction; and
(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
12.4 Subject to paragraph 12.6, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this paragraph 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 12.5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph 12.4.
12.5 Subject to paragraph 12.6, our liability for losses you suffer as a result of us breaking these Terms is strictly limited to an amount equal to the total amount of the subscription fees paid by you in the 12 months immediately preceding the breach in question.
12.6 The exclusions and limitations set out in paragraphs 12.4 and 12.5 do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.7 This clause 12 will survive termination of the Contract for any reason.
13.1 We may suspend or cancel your registration and remove your access to the Service and to any Participant Content stored on our platforms immediately at our reasonable discretion if you breach any of your material obligations under the Contract.
13.2 You can cancel your registration at any time by informing us in writing. If you do so, you must stop using the Service immediately, and we will arrange for the Participant Content to be removed from our site and from any platform on our site (as applicable) as soon as reasonably practicable after we receive written notice of cancellation from you in accordance with this clause.
13.3 The suspension or cancellation of your registration and/or the Contract and/or your right to use the Service shall not affect either your or our rights or liabilities.
We reserve the right to discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
15.1 Event Outside Our Control:
(a) For the purposes of this Contract, Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service, telecommunications or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We will not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of an Event Outside Our Control.
(c) If the Event Outside Our Control prevents us from providing all or part of the Service for more than six weeks, we will, without limiting our other rights or remedies, have the right to terminate the Contract immediately by giving written notice to you.
15.2 Assignment and subcontracting:
(a) Except in relation to our engagement of a third-party processor, we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
(b) You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
(c) This clause 15.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include emails, and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by email.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
15.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
15.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
15.8 Except as set out in these Terms, any variation, including the introduction of any additional terms and Terms, to the Contract, shall only be binding when agreed in writing and signed by us.
15.9 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
(a) [[ THE SCOPE WILL BE DEFINED BASED ON YOUR SPECIFIC REQUIREMENTS ]]
(a) Personal data is entered by the user on a touch screen as part of the experience.
1.3 Purpose of processing:
(a) To deliver by email, sms, social post or redemption code the user's photo or video.
(b) To provide usage statistics of the viewing, downloading and sharing of the user’s photo or video..
(c) To provide products and services requested by the user.
(d) To provide [[ YOU, OUR CLIENT ]] access to users data for consumer profiling, market research and future contact for related products, services, offers and events.
1.4 Duration of the processing:
(a) Data will be stored for [[ DATA RETENTION PERIOD IS DEFINED AS PART OF YOUR SUBCRIPTION SETUP ]] days after which time it will be automatically deleted.
(b) Photos or videos will be stored for [[ MEDIA RETENTION PERIOD IS DEFINED AS PART OF YOUR SUBCRIPTION SETUP ]] days after which time they will be automatically deleted.
[[ TYPES OF PERSONAL DATA WILL BE DEFINED BASED ON YOUR SPECIFIC REQUIREMENTS ]]
[[ CATEGORIES OF DATA SUBJECTS WILL BE DEFINED BASED ON YOUR SPECIFIC REQUIREMENTS ]]