FOTONAUT mini provides a photo booth platform for both individuals and businesses (the “Services”). The website www.fotonautmini.com (the “Website”), the FOTONAUT application (the “Application”) and various related products (the “Products”) and the various related services associated with the FOTONAUT mini platform are provided, operated, and made available to its customers and the other users (the “Customers” or the “Users”) by FOTONAUT EVENTS s.r.o., a limited liability company established and existing under the laws of the Czech Republic, with its registered office at Na Příkopě 393/11, Staré Město, 110 00 Prague 1, Czech Republic, company ID No. 04367596, registered by the Municipal Court in Prague, File No. C 246522 (“FOTONAUT mini”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms and conditions.

These Terms and Conditions are an integral part of each agreement and/or contract, the subject of which provision of Services by FOTONAUT mini, unless the parties to such agreement expressly agree otherwise.

1. By registering for the Website, the Application, the Services, or any of the other Products or by downloading, installing, or otherwise using the Website, the Application, the Products, you represent that you:
   • had the opportunity to become familiar with these Terms and Conditions, that you accept all the conditions of these Terms and Conditions irrevocably and without objections, unless agreed otherwise.
   • you have not been previously suspended or removed from the Website, the Application or any of the other Products.
   • you confirm that you are of legal age to form a binding contract with us and you will comply with these terms and all applicable laws.

2. Privacy

   1. Your privacy is important to us. In accordance with the provisions of Act No. 110/2019 Coll., on personal data protection and the amendment of certain laws, as amended, FOTONAUT mini draws attention to the fact that it uses data processing equipment and that it stores the data received in the course of the business relationship with the Customer; nevertheless, these data are used exclusively in connection to the Contract and are not disclosed to third parties.
   2. All processing of personal data is compliant with GDPR regulation and the details are part of the separate document on personal data processing.

3. License Grant; Unauthorized Use.

   1. Subject to your compliance with all the terms and conditions set out in these Terms, FOTONAUT mini hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to install and use the Application on your tablet, mobile and other devices and to access and use the Website and the Products.
   2. Updates including important updates and bug fixes to the Application and any other software or mobile applications that FOTONAUT mini provides to you in connection with the Services from time to time will generally be available through the App Store and such other app stores from which you can download the Applications or any other software or mobile applications now or in the future.
   3. Prevention of Unauthorized Use
      FOTONAUT mini reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Website, the Application, or the Services, including, but not limited to, technological barriers and IP tracking.

4. Photo Services and Photos

   1. Consents
      

      You are directly responsible for the operation or management of the FOTONAUT mini device at any party, event or other occasion or under any other circumstance (including the taking of pictures of any of the Customers or individuals)(the “Operator”), you shall obtain all releases, waivers, approvals and other consents necessary (a) for any individual to access and use the Services, (b) to upload and publicly display without restriction any and all photos taken through the Services (the “Photos”) onto the Website and (c) for FOTONAUT mini and other individuals to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit the Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof), in connection with the Website, the Application, the Services and the other FOTONAUT mini Services and FOTONAUT mini’s (and its successors’ and affiliates’) business, including without limitation, promoting, advertising and redistributing part or all of the FOTONAUT mini Services (and derivative works thereof), in any media formats and/or through any social network channels (collectively, the “Social Networks”), including, Facebook page and Instagram page of FOTONAUT mini.

      If you are an individual Customer using the FOTONAUT mini at any Event, you hereby (a) waive any right of publicity that you may have with respect to your Photos and (b) approve and consent to (i) the uploading and public display without restriction of your Photos onto the Website and (ii) the hosting, transferring, displaying, performing, reproduction, distribution, modifying and otherwise exploiting of your Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof) by FOTONAUT mini, in connection with the Website, the Application, the Services and the other Services and FOTONAUT mini’s (and its successors’ and affiliates’) business, including without limitation, promoting, advertising and redistributing part or all of the Services in any media formats and/or through any Social Networks.

   2. Eligibility
      

      If you are the operator of the Services at any Event, you shall ensure that any User using the Services is eligible to use the Services and the other Services in accordance with these Terms and all applicable laws, rules and regulations. If you believe for any reason that any of the individual may not be so eligible to use the Services or any of the other FOTONAUT mini Services, then you acknowledge and agree, among other things, to restrict access to the Services to ensure compliance with these Terms and all applicable laws, rules and regulations.

   3. User Distribution
      

      After a Photo is uploaded to the Website, you may receive a link to the Photo on the Website. You may share or post that link including through text, email and any social network subject to compliance with these Terms and all applicable laws, rules and regulations. You shall be solely responsible for compliance with these Terms or any such applicable laws, rules and obligations and FOTONAUT mini shall have no liability or obligation to you or any other User regarding any such Photos or links.

   4. Waiver
      

      You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FOTONAUT mini with respect to any rights or actions that are contemplated under this Section.

5. Fees

   1. To the extent that you are obligated to pay any licensing, subscription or other fees to receive any of the Services or participate in activities associated with the Services (collectively, the “Fees”), you agree to pay, and authorize FOTONAUT mini to charge for, such Fees in accordance with the applicable terms and conditions. FOTONAUT mini reserves the right to modify any such Fees at any time in accordance with Section.

6. Limits of use of the Services.

   1. It is not allowed to use any of the FOTONAUT mini Services in any manner that would violate or infringe someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; or in a way that would be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate.

7. Modification of These Terms and Fees.

   1. FOTONAUT mini reserves the right to change, modify, add, or remove portions of these Terms or any Fees at any time by posting the amended Terms or Fees to the Website. If FOTONAUT mini updates these Terms, you will be informed in advance and in case you would not agree with our proposed amendments, you will be authorized to withdraw from any contract with us. If at any time you do not agree to these terms, please immediately terminate your use of the Website, the Application, and / or the Services.

8. License Grant for Content; Representations and Warranties.

   1. Limited License Grant to FOTONAUT mini.
      

      The Site, the Applications, the Photo Services and the other FOTONAUT mini Services permit the submission and/or posting or linking of Photos submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Site, the Applications, the Photo Services or the other FOTONAUT mini Services, you hereby grant to FOTONAUT mini a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, assignable, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content in connection with the Site, the Applications, the Photo Services and the other FOTONAUT mini Services including without limitation for promoting and redistributing part or all of the Applications and the Photo Services in any media formats and/or through any Social Media.

   2. Content Use by Other Users.
      

      You hereby consent to the use of your Content by other individuals that are authorized to access your Content in the manner contemplated by these Terms and any of the Services.

   3. Content Representations and Warranties.
      

      You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize FOTONAUT mini and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 12 and in the manner contemplated these Terms; your Content does not and will not: infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the FOTONAUT mini Services. Violators of these third-party rights may be subject to criminal and civil liability. FOTONAUT mini reserves all rights and remedies against any Users who violate these Terms.

   4. Content Disclaimer.
      

      You understand that when accessing or using any of the FOTONAUT mini Services you may be exposed to Content or other materials from a variety of sources, and that FOTONAUT mini is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content.

9. Prohibited Conduct.

   • By using any of the FOTONAUT mini services you agree not to:
     • Decompile, disassemble, reverse engineer, modify or otherwise attempt to derive source code, algorithms, structures or other elements of any of the FOTONAUT mini Services;
     • Copy, disclose, or distribute any data available on or through any of the FOTONAUT mini Services in any medium, including without limitation, by any automated or non-automated “scraping;”
     • Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users of any of the FOTONAUT mini Services;
     • Use any of the FOTONAUT mini Services or any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.

10. Mobile and Data Charges.

    1. You are responsible for any mobile and data charges that you may incur for using any of the FOTONAUT mini Services.

11. Termination; Terms of Use Violations.

    1. You agree that FOTONAUT mini may terminate your use of the Applications, the Photo Services or any other FOTONAUT mini Services or any account (or any part thereof) you may have with FOTONAUT mini and remove and discard all or any part of your account, user profile, and any Content, at any time in case that it violates with these Terms.
    2. By accepting these terms, you waive and shall hold FOTONAUT mini harmless from any claims resulting from any action taken by FOTONAUT mini during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either FOTONAUT mini or law enforcement authorities.

12. Ownership; Proprietary Rights.

    1. The Site, the Applications, the Photo Services and the other FOTONAUT mini Services are owned and operated by FOTONAUT mini.

13. Indemnification.

    1. You agree to indemnify, save, and hold FOTONAUT mini harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Applications, the Photo Services or any the FOTONAUT mini Services, any of the Content or any Product, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.

14. No Warranties

    1. No Warranties
    2. To the fullest extent permissible pursuant to applicable law, FOTONAUT mini disclaims all warranties, statutory, express or implied with respect to the site, the applications, the photo services and the other FOTONAUT mini services including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights and warranties arising from a course of dealing, usage or trade practice.

15. Limitation of Damages.

    1. In no event will FOTONAUT minis’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your access or use of any of the FOTONAUT mini services exceed the amount paid by you, if any, to FOTONAUT mini during the twelve (12) months immediately preceding the date of the claim.

16. Dispute Resolution.

    1. If a dispute arises between you and FOTONAUT mini, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and FOTONAUT mini agree that any dispute, claim or controversy at law will be resolved in writing.
    2. These Terms shall be governed in all respects by the laws of the Czech Republic.

17. Severability.

    1. 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.

18. Assignment.

    1. These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FOTONAUT mini without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

19. Entire Agreement.

    1. These Terms, including the Privacy Policy, are the entire agreement between you and FOTONAUT mini relating to the subject matter herein.

20. No Agency.

    1. No agency, partnership, joint venture, employee/employer or franchiser-franchisee relationship is intended or created by these Terms.

21. Disclosures.

    1. The Services and this Website is offered by FOTONAUT EVENTS s.r.o., a limited liability company established and existing under the laws of the Czech Republic, with its registered office at Na Příkopě 393/11, Staré Město, 110 00 Prague 1, Czech Republic, company ID No. 04367596, registered by the Municipal Court in Prague, File No. C 246522, email: info@fotonaumini.com.