Terms of Service

Terms of Service

1. Introduction
Welcome to Aura Photo Booths.com, (“Aura Photo Booths”), which is owned and operated by Aura Photo Booths LLC, a limited liability company based in Seattle, Washington. This Agreement (“Agreement”) comprises our Terms of Service. As a user of our service software and other tools and services, you, our user (“You” “Client”) agrees to be bound by each term and condition set forth within this Agreement.
Aura Photo Booths provides photo booth usage and related photographic products for your social or corporate event. Your party, get together, or corporate event can be greatly enhanced by the presence of our photo booth service and helpful staff.
You may make an appointment for our services at our website.

2. Restrictions and Conditions
We provide services to a limited geographical area in or near Washington. We are, however, expanding our available coverage as time goes by so please check with us to see if we offer services in your area.
All photographs taken may be used by us for marketing purposes which would potentially include the publishing of those photographs online at our website or via marketing materials both on and offline. Your usage of our photo services is your express indication to us that you agree that your photos may be used by us, royalty free, in perpetuity, in any manner we deem appropriate.

3. Fees
Our current fees are posted on our website and our subject to change without prior notice.

4. Modification of the Terms
Our Terms Of Service (this Agreement) are subject to change without any prior notification.

5. Dispute Resolution
Any dispute between the parties hereto shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Washington law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Seattle, Washington unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

6. Limitation of Liability
Neither party hereto shall be liable for any indirect, incidental, exemplary, special or consequential damages, including, but not limited to lost profits, data reconstruction costs, failure to realize expected profits, savings or efficiencies, business disruption, equipment or facility downtime, or loss of goodwill of customers, suppliers or others, however arising, respective of any alleged act or omission on the part of either party, and whether based on or arising out of contract, tort, strict liability, indemnification, contribution or any other theory of liability or cause of action. This limitation of liability is all-inclusive and shall apply even if a party has been advised by the other party or is otherwise aware of the possibility of such damages
Neither party shall be liable for any delay or failure to perform under this Agreement to the extent attributable to causes beyond its control. Any party so precluded from performing shall promptly notify the other party of the anticipated delay and the steps being taken to mitigate the effects of the delay.

7. Severability
If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

8. Failure to Exercise Rights.
The failure by either party to assert or exercise any right or remedy under this Agreement shall not otherwise act to waive the future assertion or exercise of the same or any other right or remedy.

9. No Exclusion of Remedies
No remedy set forth in this Agreement is intended to be exclusive of any other remedy. Each remedy shall be in addition to every other remedy provided hereunder, or now or hereafter existing at law, in equity, by statute, or otherwise.

10. Assignment
Neither party shall assign or transfer this Agreement or other rights granted by this Agreement, whether by operation of law or otherwise without the other party's prior written consent; provided, however, that in the event of a sale of all or substantially all of the assets of either party as a going concern to another entity, or either party’s merger or consolidation with or into another entity, the successor entity shall, upon written notice to the other party and assumption in writing of the transferring party’s obligations under this Agreement, be entitled to the benefits of this Agreement subject to all of the other terms and conditions of this Agreement.