The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Partners means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: ,
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PBG Entertainment.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to PBG Entertainment, accessible from https://www.thepbguy.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
General:
The following terms and conditions outline [The PhotoBooth Guy] responsibilities (herein also referred to as Company) and the customer/clients responsibilities whose name is noted on the invoice. Company agrees to provide entertainment
services at the venue indicated above. Pictures and video may be recorded at the event where there is a photo booth for no additional fee. Client can use such pictures and video for non profit use only. Company owns all picture and video rights and may use them for commercial and advertising material. It is the responsibility of the Client to let their guests aware of this.
All standard photo booth and Mirror Me packages come standard with:
Onsite Attendant
Unlimited Sessions of Photos
Onsite prints of 2x6 or 4x6 Photos
Personalized text on print
Custom Template
Props
Touch Screen Monitor
Studio Quality Camera and Optimal Lighting
Open Air Booth with Backdrop
Online Gallery with all images
Free Local Travel (Within 35 miles of Chino Hills) **Distance Fee is $60
Free Set Up and Tear Down
Package or terms
may be altered by client request or by Company and
items may be added to the packages which could incur
an additional cost which will reflect on the invoice and will reflect in the overview.
Sprinter Limo: Company hereby guarantees that the limousine being used for the serviceslisted above is in good condition, and meets reasonable client expectations.Additionally, the vehicle has been maintained according to manufacturerspecifications, and can be reasonably expected to be safe and reliable. However,Company cannot make any guarantee regarding unforeseen breakdowns ordefects during the limousine service period.Company assumes responsibility for providing a suitable limousine staffedby a competent driver for the day and hours listed in this contract. Companywill not be held liable for delays or cancellations of limousine services due to weatheror other unforeseeable events.
The Venue (For PhotoBooth):
Company will arrive 45-60 minutes prior to the agreed upon start time for setup. Company requires a space of 8 by 8 feet. One 110V, 10 Amp, 3 prong
outlet will be required to power Company's equipment. In the event of rain or poor
weather, shelter is to be provided by the client/venue. Company is not liable for any temporary interruption to services due to inadequate AC power or weather conditions. If the venue requires proof of insurance, a Certificate of Insurance will be provided at no additional cost, however if your venue requires that they are listed as an additionally insured entity there will be an additional charge.
Access, space, and power for The PhotoBooth Guy:
Client will arrange for agreed and appropriate space for the Photo Booth at event's venue. Space must be leveled and solid with safe working conditions. Client agrees to provide parking and access while in event attendance for Company's provider
vehicle for appropriate loading and unloading within 200 feet
of Photo Booth area. Photo Booth is to remain in one area agreed by Client and Company prior to event date. Any changes or required
movement of area will result in a $150.00 fee. Photo Booth may be placed in an exterior location only if it is protected from weather. Client is responsible for providing power for the Photo Booth. The Photo Booth requires a 110V, 10 amps, 3 prong outlet from a reliable power source within 20 feet (along a wall) of the location of operation. The circuit must be free of all other connected loads. Any delay in the performance or damage to the Photo Booth
equipment due to improper power is the
responsibility of the Client. Client accepts full responsibility and is liable for any damages, injuries and/or delays that result from failure
to comply with these provisions.
Safety:
Company reserves the right to deny any guest access to the equipment and supplies owned by Company. Company is not liable for any injuries or damages caused to the client or client guests. Any damage or theft occurring to any equipment owned or leased by Company because of negligent acts of the client or clients guests will result in the client being held responsible to pay for the damages or lost items. Missing Props will be charged at $10 per missing item.
Damages may include but are not limited to alcohol spilled on equipment, kicking or knocking over of equipment, or theft of any equipment. Company will notify the client immediately upon discovery of an accident or loss.
Customer / Client and up to authorized guest number shallbe allowed to occupy the above listed limousine as passengers on the day and hourslisted in this contract. All passengers will comply with the following rules at all timesduring the limousine service:-Interfering with the driver’s safe operation of the limousine -Acts of neglect or vandalism which could cause damage to the limousine or any individual-Consumption of illegal drugs-Smoking-Consumption of alcohol by passengers under the age of 21
Company reserves the right to immediately cease limousine services without warning if these rules are broken by any passenger. Customer / Client agrees to pay for any damagesstemming from their actions or the actions of their guests including, but not limited toripped or stained upholstery, broken glass, or damaged panels on the interior orexterior of the limousine. These charges will be applied to Client‘s credit card, on file with Company.Client agrees to indemnify and hold Company harmless against any and all claims of liability or damages stemming from Company providing limousine services pursuant to the termsof this contract.
Should Client breach this contract at any time, Company reserves the right to immediately cancel or cease providing limousine services without notice or refund, and shall be fully entitled toreimbursement of any legal fees incurred in upholding this contract. This limousine service contract shall be upheld and enforced according to the laws of California . Any disputes or legal proceedings related to this contract shall be filed in a court located in San Bernardino County, California .
Payment Terms and Contract Cancellation:
Company accepts payment in the form of cash, debit/credit card, or check (made payable to The PhotoBooth Guy). A deposit in the amount of $100 or greater as noted on the invoice will be required to reserve a photo booth or Sprinter limousine and hold the date. Once the retainer is paid and/or
a digital signature and/or an actual signature on a hard copy will obligate you, the client to remit payment for the deposit and any other balance owed.
You, the client do hereby agree to pay the total contract amount for the entertainment services of Company granted we arrive onsite the day of the scheduled event and it had not been cancelled. Written cancellation of this agreement by the client will result in a forfeiture of the deposit. In the case of rescheduling an event, the deposit may be used towards credit for a future event. The agreement of the The PhotoBooth Guy
to perform their duties of service is subject to accidents, equipment failure, epidemics, acts of god or any other legitimate condition beyond their control. If such circumstance arise, all reasonable efforts will be made by Company to find replacement entertainment at the agreed upon fees. Should Company be unable to procure a replacement, the client will receive a full refund. In the event of service going beyond the original agreed upon service time, each hour of overtime will be billed at the standard quoted rate. By putting a check in the box for Terms and Conditions during the booking process and/or paying The Deposit, both parties (Company and Client) agree to these contract terms and conditions.
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Partners and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us By email: [email protected]