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Legal Disclaimer

WEBSITE TERMS OF USE 

Welcome to ShutterBooth.com. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

1. Binding Agreement 

      Your use of this website and the applications, services, information and other materials available on and through our website, including but not limited to ShutterBooth.com and any other similar sites owned, operated, or managed by ShutterBooth LLC, a Michigan limited liability company, its subsidiaries, affiliates, or business contractors (collectively “ShutterBooth”) (such applications, services, information, other materials, and the website itself shall be referred to collectively as the “Site”) is subject to the terms and conditions set forth herein, as well as any other notices, disclaimers, or restrictions posted on the Site (collectively, the “Terms of Use”).  

PLEASE READ THE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THE TERMS OF USE, AS THE TERMS OF USE MAY BE MODIFIED FROM TIME TO TIME IN THE SOLE DISCRETION OF SHUTTERBOOTH. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITE.  

      Each time you access the Site through any means, you agree to be bound by the Terms of Use. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site or misuse of any information within the Site is strictly prohibited.  Children under the age of thirteen (13) years are prohibited from using the Site. By using the Site, you represent that you are at least thirteen (13) years old.  If you are under thirteen (13) years of age, please do not attempt to use the Site. 

2. Intellectual Property

      You acknowledge and agree that ShutterBooth shall own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, “Materials”), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to ShutterBooth.  

      Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and other proprietary rights and the use of any such Material on any other website or computer environment is strictly prohibited.

3. Ownership; Copyright; Trademarks

      The Materials, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions.  You may access, download and print materials on the Site solely for your personal and non-commercial use; however, any printed copy of this Site, or portions of the website, must include ShutterBooth’s copyright notice.  No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials.  Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website, without written permission from ShutterBooth.  The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “data mining” to obtain lists of users, statistics or information regarding athletes or teams, or other information. 

      All contents of ShutterBooth’s website(s) are Copyright © 2009 ShutterBooth LLC, and/or its content providers, advertisers, sponsors and suppliers. All rights reserved.  

      ShutterBooth and associated logos and service marks constitute trademarks of ShutterBooth. All of the trademarks, service marks, and logos associated with the ShutterBooth mark (the “Trademarks”) and displayed on the Site are registered and/or unregistered trademarks of ShutterBooth, its affiliates, or third parties.  Nothing in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without express written permission or the express written permission of the applicable third party.  Any use of the Trademarks is expressly prohibited except as expressly provided by ShutterBooth. 

      All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

    4. Procedures for Claimed Copyright, Trademark, or other Intellectual Property Infringement

      We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act or any other form of intellectual property infringement, please provide the following information to our agent:

      (1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other evidence of ownership in the claimed intellectual property;

      (2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

      (3) description of where the material you claim is infringing is located on the Site;

      (4) your address, telephone number, and email address;

      (5) a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and

      (6) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights you claim has been infringed or that you are duly authorized to act on the intellectual property owner’s behalf.

Our agent may be contacted and all notices pursuant to this provision must be sent via certified mail as follows:    

      ShuttleBooth LLC

      Attn: Intellectual Property Department

      P.O. Box 1082

      Royal Oak, Michigan 48068 

      Copies of such notice may be sent electronically in addition to the required written notice set forth above to the following e-mail address: 

      info@ShutterBooth.com.

5. Third Party Content; Third Party Sites 

      You understand and agree that ShutterBooth may offer information and services provided by third-parties who are not employed by ShutterBooth. ShutterBooth is not responsible or liable for any acts or omissions created, caused or performed by these third parties.  

      ShutterBooth may include on the Site third-party advertisements and/or information about commercial services. ShutterBooth does not endorse any product or service advertised on the Site. The Site may contain hyperlinks to other websites that are not operated by ShutterBooth. ShutterBooth does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between ShutterBooth and their operators. Such hyperlinks are provided for your reference only.  

      ShutterBooth does not endorse, is not responsible for and makes no warranty or representation as to the quality or performance of the advertisers or the services offered in connection with such advertisements. ShutterBooth advises you to carefully review each third party advertiser and/or service offering prior to engagement with any third party advertiser or service provider.  

SHUTTERBOOTH ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO INFORMATION ON THIS SITE.  

      It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Site, whether posted or provided by third parties or ShutterBooth.

       
6. User Representations, Warranties And Covenants 

      You represent, warrant and covenant to ShutterBooth that:

  1. You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Site and/or your use or disclosure of any data, information or materials you submit to or receive through the Site;
  2. You will not use the Site for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates the Terms of Use;
  3. You will not, nor will you permit any other person, corporation or entity, without the prior written consent of ShutterBooth to: (i) copy, duplicate or grant permission to the Site or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Site; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the Site or any report or document generated therefrom; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Site; (vii) export any application provided hereunder or any portion of the Site; (viii) use the ShutterBooth name, including ShutterBooth, ShutterBooth.com, ShutterYou.com, any other related URLs, or Trademarks; or (ix) use the ShutterBooth Server, or other materials in connection with, or to transmit, any “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users;
  4. Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Site; or (iii) any embedded code that could trigger, shut down or disable the Site;
  5. You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder; and
  6. You will comply with the security measures set forth in the section below under the heading “Security.”

 

      If a third party notifies ShutterBooth of your intellectual property infringement including but not limited to violations of registered copyrights and trademarks, ShutterBooth shall remove any such infringing material from the Site without notice to you.

7. DISCLAIMER OF WARRANTIES

      You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. ShutterBooth intends that the information contained in or on the Site be accurate and reliable; however, errors and inaccuracies sometimes occur. In addition, ShutterBooth may make changes, modifications, additions, deletions and improvements to the information provided herein at any time.  Accordingly, ShutterBooth cannot and does not warrant: 

      (1) the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site;  

      (2) freedom from human and machine errors, omissions, delays, interruptions or losses, including loss of data;  

      (3) downloads from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system; or  

      (4) uninterrupted or error-free or that defects will be corrected.  

      Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to ShutterBooth. 

THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHUTTERBOOTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SITE-RELATED SERVICES OR INFORMATION OR MATERIALS.  

      In addition, ShutterBooth does not warrant that the functions on the Site will be uninterrupted or error-free, that defects in or on the Site will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. ShutterBooth does not warrant or make any representations regarding the Site or results of the use of the Site, specific services or applications provided through the Site, or any materials or information on the Site, in terms of their correctness, accuracy, reliability, legal compliance or otherwise. You (and not ShutterBooth) assume the entire risk of any reliance on these materials. Under no circumstances will ShutterBooth be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or information, or for any loss or damage of any kind incurred as a result of the use of any materials, information or results posted, emailed or otherwise received or transmitted via the Site.  

      MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION. 

8. Limitation Of Liability 

      Under no circumstances shall ShutterBooth, its affiliates or its subsidiaries, or the respective officers, directors, agents, employees, sponsors, and other partners of each be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to the Site, the services available on the Site, information contained within the Site, or reliance on any information, materials or results provided to or received through the Site, even if ShutterBooth has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or Site-related services, applications, materials or information is to stop using the Site and/or those services, applications, materials or information.  

      Neither ShutterBooth nor its content providers will be responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the site.

9. Indemnity

      You agree to indemnify, defend and hold ShutterBooth and its subsidiaries, affiliates, and the respective officers, directors, agents, partners, sponsors, employees and independent contractors of each harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content, data, materials or information you submit, post to or transmit to or through the Site, your use of the Site or reliance upon any Materials provided through the Site, your connection to the Site, your violation of the Terms of Use, your use or disclosure of any content, data, materials or information received through the Site, your negligence, omissions or misconduct, your violation of any rights of another party, or your participation in or conducting of any transaction (or failure to conduct or complete a transaction) through the Site. This provision shall survive the expiration or termination of the Terms of Use.  

      You agree to indemnify ShutterBooth and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

10. Confidential Information

      You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site.

11. Security

      Use of the Site is restricted to ShutterBooth and its authorized users. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site or misuse of any information within the Site is strictly prohibited.

      You agree not to use any functions on the Site which you are not authorized to use.

12. Privacy

      We respect your personal privacy. Registration data and certain other information about you are subject to our privacy policy.  For more information, see our full privacy policy at <insert URL>, which is incorporated herein by this reference.  You understand that through your use of this website you consent to the collection and use (as set forth in the privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ShutterBooth.

13. Modification Or Termination Of The Site

      ShutterBooth reserves the right to withdraw, suspend or discontinue at any time and from time to time the Terms of Use, any Materials available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. ShutterBooth reserves the right to change or modify the Terms of Use at any time. Any change or modification made by ShutterBooth will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by ShutterBooth.  

14. Termination  

      ShutterBooth reserves the right to cancel, without obligation, the account-holder status of any user of any ShutterBooth service at any time for any reason, including a user’s breach of the Terms of Use or the terms and conditions of any service for which the user may have registered.  

      You acknowledge and agree that ShutterBooth may terminate your access to the Site or any other website operated or owned by ShutterBooth, including, but not limited to ShutterBooth.com and ShutterYou.com, should you fail to comply with the Terms of Use.  Any such termination shall be in ShutterBooth’s sole discretion and may occur with or without notice.  ShutterBooth further reserves the right to terminate any user’s access to the Site for any conduct that ShutterBooth, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to ShutterBooth or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.  ShutterBooth further reserves the right to terminate any user’s access to this website for any reason or for no reason at all, in ShutterBooth’s sole discretion, with or without notice.

 

15. Governing Law, Jurisdiction, and Forum  

      The Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within Michigan and without giving effect to any principles of conflicts of laws.  Any dispute relating the Terms of Use shall be subject to the exclusive jurisdiction of the State and Federal courts in Michigan, U.S.A, and the parties agree to submit to the personal and exclusive jurisdiction of these courts. 

16. Severability 

      If any part(s) of the Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect. 
 

17. Notices/Reports of Violations 

Statements, notices and other communications to you may be made by mail, email, postings within your account or other reasonable means. ShutterBooth may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Please report any violations or send any notices regarding potential violations or concerns regarding your or other user’s use of the Site to ShutterBooth by email at info@ShutterBooth.com, or write us at:

      ShutterBooth LLC

      Attn: Customer Support Department

      P.O. Box 1082

      Royal Oak, Michigan 48068 

18. Acknowledgement of User

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THE TERMS OF USE AND THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE INDEPENDENTLY REVIEWED AND UNDERSTAND ALL ASPECTS OF THE TERMS OF USE AND THE DESIRABILITY OF USING THE SITE AS CONTEMPLATED IN THE TERMS OF USE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THE TERMS OF USE.

19. Updates to the Terms of Use 

      We will update the Terms of Use from time to time to reflect changes in our business. Any changes will be posted on our website.  

      Our current Terms of Use was last updated September 5, 2009.  

 

WEBSITE PRIVACY AND SECURITY POLICY 

      ShutterBooth LLC, a Michigan limited liability company (“ShutterBooth”), takes the privacy of our visitors and the security of their Personal Information very seriously. We provide this Privacy and Security Policy (“Policy”) because you have the right to know what Personal Information we collect, how it is protected and used and the circumstances under which it may be disclosed.  

      If you have further questions regarding this Policy, please contact us:

  •  
      (1) by email at info@ShutterBooth.com and include your name and telephone number or email or postal address so that we can contact you; or
  •  
      (2) by letter to us at Shutter Booth LLC, Attn: Privacy Department, P.O. Box 1082, Royal Oak, Michigan 48068, making sure to include your name and mailing address or telephone number so that we can contact you. 
    To Whom this Policy Applies 

      This Policy applies only to websites operated by ShutterBooth (collectively, “Site”). This Policy does not apply to affiliated entities of ShutterBooth or to third parties. 
 
The Personal Information We Collect  

      ShutterBooth only collects Personal Information that you voluntarily submit through our Site. “Personal Information” includes information such as your name, street and e-mail addresses, and telephone number(s). We do not automatically collect Personal Information without your knowledge.   
 
Uses of Personal Information  

      When you submit Personal Information or authorize the submission of Personal Information to the Site, you may be asked to decide how we may use your information. Unless we specifically tell you otherwise before you submit Personal Information, we will only use it to:

      (1) Better understand your viewing habits, desires and needs;

      (2) Help us understand how we can improve our products, services, and website(s); and

  •  
      (3) Contact you to ask for your opinion or willingness to participate in certain activities or events.   

      These options give you the opportunity to control the usage of your Personal Information by “opting out” of our systems.  In the event you have not given permission for certain Personal Information to be posted or published on the Site, please contact us immediately:

  •  
      (1) by email at info@ShutterBooth.com and include your name and telephone number or email or postal address so that we can contact you; or
  •  
      (2) by letter to us at Shutter Booth LLC, Attn: Privacy Department, P.O. Box 1082, Royal Oak, Michigan 48068 making sure to include your name and mailing address or telephone number so that we can contact you. 

Use of Cookies 

      To improve your visit to our site(s), we may use “cookies” to obtain non-Personal Information (cookies are text information files that your browser places on your computer when you visit a website). We may aggregate this data to analyze the viewing habits of our site visitors, but it will not be associated with any personally identifiable data.  

Sharing Your Personal Information With Others 

      ShutterBooth will not use or share your Personal Information in ways unrelated to the uses described above unless we provide you with prior notice and give you an opportunity to change your usage preferences.  

      Unless you give us prior consent or make a specific request, ShutterBooth will not trade, sell, or share your Personal Information with any person or entity other than appropriate authorized individuals within ShutterBooth and its subsidiaries, affiliates and representatives, unless required by law or as disclosed to you before the information is collected.  

How You Can Control the Use of Your Personal Information 

      To modify your Personal Information, contact us at info@ShutterBooth.com. We will make every effort to respond to your requests in a timely manner.  

      If you have already submitted Personal Information to ShutterBooth or given permission for Personal Information to be submitted, posted, uploaded, or published, you may opt-out of ShutterBooth’s future use of that information by sending a specific email request to info@ShutterBooth.com. Upon receiving and verifying your request to the best of our ability, we will delete your Personal Information from our records.

 

      There are known methods that spammers can use to hide their identity by using other people’s email address to send out emails. If you have any question about the genuineness of an email you receive that appears to be from ShutterBooth, contact us at info@ShutterBooth.com and do not furnish Personal Information in response to the email.  

Security of Your Information 

      The security of your Personal Information is very important to us. We use technical and managerial procedures appropriate to protect your Personal Information and prevent its disclosure outside ShutterBooth and those service professionals with whom we do business. Only those authorized by ShutterBooth or you will be granted access to your Personal Information.  

      In addition to careful consideration about what information you share and whom you share it with, we recommend that everyone develop good security habits. These include protecting and regularly changing your password, using computer virus protection, logging off when you finish using your computer, and considering the use of file or email encryption programs.

 

Children’s Privacy 

      The Federal Trade Commission has established rules for website operators to make sure that children’s privacy is protected while they’re online. These rules, which went into effect on April 21, 2000, are part of the 1998 Children’s Online Privacy Protection Act (“COPPA”) and ShutterBooth operates its Site in compliance with COPPA.  For more detailed information on COPPA, please visit: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.   

Enforcement of Policies or Consumer Concerns 

      If you believe ShutterBooth has not adhered to these practices or if you have any concerns related to the privacy of your Personal Information, please notify us by e-mail at info@ShutterBooth.com, or write us at:  

  •  
            Shutter Booth LLC
  •  
            Attn: Privacy Department
  •  
            P.O. Box 1082
  •  
            Royal Oak, Michigan 48068 
    We will make every effort to investigate and correct the problem promptly.

 

Changes to This Privacy Policy 

      ShutterBooth may modify or amend this Policy from time to time. Please check back regularly for updates.

       
Links to Other Sites 

      We provide links to affiliated entities and on occasion to other sites we think you may enjoy. These sites operate independently of ShutterBooth and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.  
 
Consent to Transfer 

      ShutterBooth is operated in Michigan, United States. Please be aware that any information you provide to us will be transferred to Michigan, United States. By using this Site and/or providing us with your Personal Information through this Site, you consent to this transfer.  
 
Updates to this Policy 

      We will update this Policy from time to time to reflect changes in our business. If we change how we use your Personal Information or the purposes or entities for and to which we disclose your Personal Information we will post the policy change notification on the Site.  

      Our current Privacy and Security Policy was last updated September 5, 2009.