Our Policies
Terms of Service & Privacy
Terms of Service
Welcome to KY.Moments. KY.Moments provides a photo booth platform for both individuals and businesses (the “Photo Services”). The website www.KY.Moments.com (the “Site”), the KY.Moments mobile applications (collectively, the “Applications”), the various related products (the “Products”) and the various related services, features, functions, software, applications, websites and networks associated with the photo booth platform (together with the Site, the Applications, the Products and the Photo Services, collectively, the “KY.Moments Services”) are provided and operated by KY.Moments.
These Terms of Service (“Terms”) govern your use of the Site, the Applications, the Products, the Photo Services and the other KY.Moments Services. By clicking “I Agree”, downloading, using, configuring or accessing these services, you represent and warrant that you have read, understand and agree to be bound by these Terms.
1. Eligibility
To access and use the Site, the Applications, the Products and the other KY.Moments Services, you must be at least 18 years of age. By registering for or using any of the KY.Moments Services, you represent that you satisfy the eligibility requirements and will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
2. Privacy
Your privacy is important to KY.Moments. KY.Moments may collect and process information from you when you use the Services. None of the KY.Moments Services are intended for minors under 13 years of age. If you believe we might have any information from or about a child under 13, please contact us at ky.moments.corp@gmail.com.
3. License Grant
Subject to your compliance with these Terms, KY.Moments hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to install and use the Applications on your devices and to access and use the Site, the Photo Services and the other KY.Moments Services as contemplated herein.
4. Photo Services and Photos
If you are responsible for the operation or management of the Photo Services at any event (an "Operator"), you shall obtain all releases, waivers, approvals and other consents necessary for any User to access and use the Photo Services, to upload and publicly display photos taken through the Photo Services, and for KY.Moments to use, display, reproduce, distribute, and otherwise commercialize the Photos.
5. Fees
To the extent that you are obligated to pay any licensing, subscription or other fees to receive any of the KY.Moments Services, you agree to pay such Fees in accordance with the applicable terms and conditions. ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THE APPLICABLE TERMS AND CONDITIONS OR PROHIBITED BY LAW.
7. Respecting Other People's Rights
KY.Moments respects the rights of others. You may not post or send Content that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; is false, misleading, or inaccurate; includes anyone's identification documents or sensitive financial information; or impersonates any person or entity.
9. Account Security
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to KY.Moments on registration will be true, accurate, current, and complete.
13. Prohibited Conduct
By using any of the KY.Moments Services you agree not to decipher, decompile, or reverse engineer any of the KY.Moments Services; prepare any derivative works; reproduce, modify, adapt or otherwise make any changes to any of the KY.Moments Services; copy, disclose, or distribute any data through automated or non-automated scraping; interfere with or circumvent any security features; or use any of the KY.Moments Services in any way that violates any applicable law or regulation.
19. Disclaimer of Warranties
YOUR USE OF THE KY.MOMENTS SERVICES IS AT YOUR OWN RISK. THE KY.MOMENTS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KY.MOMENTS NOR ANY PERSON ASSOCIATED WITH KY.MOMENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE KY.MOMENTS SERVICES.
20. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE KY.MOMENTS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE KY.MOMENTS SERVICES.
22.3 Dispute Resolution
These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. At KY.Moments's sole discretion, it may require you to submit any disputes arising from these Terms to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
22.4 Severability
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
22.8 Entire Agreement
These Terms, including the Privacy Policy and the other Policies incorporated by reference herein, are the entire agreement between you and KY.Moments relating to the subject matter herein and will not be modified except in writing, signed by both parties.
Contact
For any questions regarding these Terms, please contact us at kymoments.corp@gmail.com.