Customer agrees to pay the fees of their order for the rental term specified and to return the equipment in the same condition as received, normal wear and tear accepted. The undersigned also agrees to be responsible for the safe keeping of the equipment and to reimburse Softspot Media, Inc. for any loss or damage that might occur. You agree not to disassemble the equipment for any purpose nor will you tamper with its internal components in any way. In the event of total equipment loss due to theft, fire, damage, opening or tampering with the equipment, or any other cause, the undersigned agrees to pay Softspot Media, Inc. the full replacement value for each piece of equipment. If equipment loss insurance is desired it is the customer’s responsibility to provide it.
It is understood that the equipment will only be provided at the venue address specified in the order and may not be moved without permission from Softspot Media, Inc. This contract is nontransferable to any other party, renter without permission from Softspot Media, Inc. Softspot Media, Inc reserves the right to terminate this agreement at any time and all rented equipment must be returned.
SERVICES OFFERED BY COMPANY.
When you book to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
TERMINATION & EFFECT.
Company may terminate access to the Site and Service, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site; and (b) notify Company of termination. Upon termination of access to the Site, your right to use the Site shall immediately cease.
WARRANTY DISCLAIMER. SOFTSPOT MEDIA INC MAKES NO WARRANTY NOR REPRESENTATION, EXPRESSED OR IMPLIED, REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, OR PERFORMANCE OF THE EQUIPMENT OR OF ITS MATERIAL OR WORKMANSHIP. Customer agrees and is aware of possible malfunctions, which are inherent in the operation of such equipment. Customer assumes all risks inherent in the operation and the use of the equipment. Customer agrees to assume the entire responsibility for the defense of, and to pay, indemnify and hold Softspot Media harmless from and hereby release us from any and all claims for damage of any kind resulting from the use, operation or possession of the equipment. Customer shall be responsible for such damage whether or not be claimed or found that such damage may have resulted in whole or in part from our negligence, from the defective condition of the equipment or from any cause.
The company shall not be responsible for:
a) Any personal injury or property damage
b) Any loss or alteration of the data, digital photos, videos, etc., contained in storage disks or the internal memory of the equipment.
c) Any incidental or consequential damages, including the loss of anticipatory profits.
d) The compatibility, unsuitability or incapacity of the equipment or the operating software to perform with any applications software used by customer.
All orders placed by you or the authorized credit card users will be subject to these terms and conditions, unless otherwise agreed by both you and Softspot Media in writing, and acceptance of any orders by you is conditional upon your agreement of these terms and conditions.
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. NEITHER COMPANY, NOR ITS PARENT CORPORATION, REPRESENTS OR WARRANTS THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY’S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY’S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES OF THE SITE. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
DEPOSITS AND PAYMENT SCHEDULE.
Upon placing your order with Softspot Media, you authorize Softspot Media to charge the credit card on file (Visa, MasterCard or American Express) with an amount equal to all payments and fees due under the agreement. You also authorize Softspot Media to charge the credit card on file for all payments and fees in accordance with this agreement upon the end of the equipment rental period specified in this agreement, including but not limited to charges for accidental damages, charges for optional services, and Softspot Media’s expenses associated with loss of, or damage to, the equipment while the equipment is at the delivery location.
Deposits are due in advance at minimum 30 days prior to event date. Remaining balance due on the first event day of each rental period. Full payment on balance dues required for orders placed within 30 days of event date. The customer agrees to pay costs and expenses of collection and repossession including the maximum attorney’s fees permitted by law, if this contract is breached. Customer authorizes Softspot Media, Inc. to charge any or all of his or her credit card (s) for any over due contract charges.
Customer agrees to pay the full rental rate for the entire period contracted even if the equipment is returned early. Softspot Media does not prorate contract charges in any event. If customer desires to return the equipment early it is at Softspot Media’s discretion to release customer from the contract.
In consideration for the services, equipment rentals, and/or products you order from Softspot Media, you agree to the pay the total fees due as listed above.
Additionally, you may determine before or during an event that equipment or services not originally contracted for are necessary for such event. You agree to pay for any additional equipment rentals or billable services requested by you (or the authorized credit card users), which will be billed at Softspot Media’s then-current standard pricing and guidelines. You also agree to pay other charges in accordance with this agreement, including but not limited to applicable taxes, charges for optional services, cancellation fees, and Softspot Media’s expenses associated with loss or theft of, or damage to, the equipment while the equipment is at the delivery location.
The success of every event is of critical importance to Softspot Media, Inc.. You agree to immediately notify our offices at 1-626-802-5584 or Softspot Media’s authorized field representative if you have any issues with our onsite services or equipment, or any concern whatsoever.
While the equipment is onsite at your delivery location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. You are responsible for paying repair or replacement fees associated with any loss or theft of, or damages to, the equipment while the equipment is at the delivery location.
USE OF EQUIPMENT.
You can only use the equipment in a careful and proper manner and you shall not use the equipment in any way that is inconsistent with its intended use.
For more information on Softspot Media, Inc.’s cancellation policy, please view it here: http://softspotmedia.com/cancellation-refund-policy/.
Applicable sales or other transaction taxes imposed on us in connection with your order or rental of the equipment or rendering of services will be added to the rental fees payable by you. Applicable use or other transaction taxes imposed on you by any third parties in connection with your order or rental of the equipment or rendering of services are solely your responsibility to report and pay.
Depending on the caliber of products and services requested, Softspot Media may recommend that an operating field representative or technician(s) should be present to ensure all technical components of your event run smoothly.
EMPLOYEES & CONTRACTORS.
You and your authorized event coordinator agrees that you shall not (and continuing for a period of 12 months from the last date Softspot Media provides goods or services to you) solicit, hire, or contract with, directly or indirectly, any employee, partner, subcontractor or independent contractor of Softspot Media for the purpose of obtaining services directly competitive with the services provided by Softspot Media. You acknowledge that in such case Softspot Media will suffer irreparable harm.
You agree that Softspot Media may use your name, event, and information in marketing materials and website listings of customers.
You hereby agree to defend, indemnify and hold harmless Softspot Media, including its officers and employees, from any and all claims, suits, damages, losses, liabilities (including but not limited to Workers’ Compensation claims) arising from your or your agents’, subcontractors’ or guests’ use of the equipment or your violation of this agreement.
You agree that Softspot Media shall not be liable to you for any incidental, indirect, special, exemplary, punitive, consequential or lost profits damages related to or arising out of this agreement. You agree that Softspot Media shall not be liable for any damages that exceed the fees paid by you under this agreement.
Softspot Media, Inc. EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE AND SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND SOFTSPOT MEDIA, INC’S REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT SOFTSPOT MEDIA, INC. SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE.
AS A CONDITION OF USE OF THE SITE, YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.
GOVERNING LAW & JURISDICTION.
The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of California and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the State of California, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Los Angeles, CA. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
Softspot Media, Softspot Media, Inc., the Softspot Media, Inc. logo, The Selfie Print Station, AND The Live Selfie Slideshow are registered trademarks of the Company, and Softspot Media, Inc. LIVE THE MOMENT, SHARE THE MEMORIES, Softspot Media, Inc. are trademarks of the Company. All other company and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time in the Company’s discretion. You shall not register or attempt to register any of the Company’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company’s marks or trademarks. You shall comply with all standards with respect to the Company’s marks and all uses of the marks shall be consistent with Company standards.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact firstname.lastname@example.org
MODIFICATIONS TO THE SITE.
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination.
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
INTELLECTUAL PROPERTY RIGHTS.
The Site, products and services provided is proprietary to Company. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company at email@example.com. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES UNDER THESE TERMS SHALL BE LIMITED TO THE LESSER OF THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for said fines and/or penalties.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.