THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS TAKE EFFECT WHEN YOU CLICK THE “ORDER NOW FOR A FEE” BUTTON (THE “EFFECTIVE DATE”), PURSUANT TO WHICH YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS RENTAL AGREEMENT AND, IF ENTERING INTO THIS RENTAL AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. THESE TERMS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF KRUU.
These Rental Terms and Conditions (together with any documents, policies, etc. referenced herein, these “Terms”) shall govern the rental of products, which may include, without limitation, the photo box shown on kruu.com (the “Site”), consisting of a high resolution camera, a touch screen, a studio light, and a photo printer (collectively, the “Products”), and purchase of certain additional services from KRUU US Inc., a Delaware corporation (“KRUU”), or one of its affiliates through the Site. You (“Customer”) and KRUU are sometimes hereinafter referred to collectively as, the “Parties” and severally as, a “Party.”
These Terms are subject to change by KRUU without prior notice at any time, in KRUU’s sole discretion. The latest version of these Terms will be posted on this Site, and Customer should review these Terms before renting the Products or purchasing services that are available through the Site. Customer should also carefully review KRUU’s Privacy Policy before placing an order for products or services.
Order Placement & Acceptance.
Rental Fees. The rental fees for the Products (the “Rental Fees”) shall be posted on the Site and are exclusive of transportation and insurance costs, duties, and all taxes, including, but not limited to, federal, state, provincial and local sales, excise, value added, goods and services taxes and any other taxes. All such taxes and charges will be itemized in Customer’s cart during the Order confirmation process, as well as in Customer’s Order confirmation email; provided that such taxes and charges are subject to change based on Customer’s Contact Data. For the avoidance of doubt, Customer will not owe any security deposit.
Photo Booth Insurance To ensure a hassle-free resolution in case of damages during your event, we offer the option to add photo booth insurance. This insurance covers damages to the device that occur during the event, provided it is used in accordance with our guidelines. The deductible for any damages is $100.
Note: The Premium Package already includes photo booth insurance.
Payment. Terms of payment are within KRUU’s sole discretion and payment must be received prior to the commencement of the Rental Term (as defined herein). Customer acknowledges that KRUU will not be obligated to deliver the Products unless and until Customer pays all amounts due and owing to KRUU, including, without limitation, the Rental Fees. KRUU offers Customer a number of payment methods that can be found on the Site at: Payment. Customer represents and warrants that: (a) any credit card information supplied to KRUU is true, correct and complete; (b) Customer is duly authorized to use such credit card for the rental; (c) charges incurred by Customer will be honored by Customer’s credit card company; and (d) Customer will pay charges incurred by it, including all applicable taxes, if any.
Delivery; Risk of Loss.
Acceptance; Returns.
Term.
Cancellation.
KRUU shall have the right to cancel the Rental Agreement at any time, and for any reason, by providing prior written notice to Customer.
Customer shall have the right to cancel the Rental Agreement at any time, and for any reason, until six (6) days prior to the Rental Date, provided that Customer shall provide prior written notice of its intent to cancel the Rental Agreement to KRUU. Notwithstanding the foregoing, any cancellation by Customer shall be subject to the following cancellation penalties, as applicable:
If Customer cancels the Rental Agreement, then KRUU agrees to refund Customer the Rental Fee less the applicable cancellation penalties set forth in Section 8.2 above. Customer acknowledges that any refunds received hereunder shall exclusively be in the form of vouchers.
Postponement. KRUU may, in KRUU's sole discretion, grant Customer the right to postpone the reservation one (1) time in lieu of cancellation; provided, however, that:
(a) Customer shall notify KRUU of its intent to postpone in writing (including via e-mail) no later than four (4) weeks prior to the original Rental Date;
(b) any postponed reservation is subject to availability of the Products on the requested new Rental Date. If no availability exists on the requested new Rental Date, or if Customer fails to provide timely notice in accordance with Section 8.4(a), the original Rental Date shall remain binding;
(c) any additional costs incurred in connection with the postponement shall be borne solely by Customer; and
(d) if Customer ultimately cancels such postponed reservation, regardless of whether the new Rental Date has been confirmed or remains undetermined, Customer shall be subject to a cancellation penalty equal to ninety percent (90%) of the Rental Fee.
Product Ownership. The Products are, and shall at all times be, the sole and exclusive property of KRUU. The Products are rented (and not sold) to Customer for use during the Rental Term as specified in the Order. All right, title and interest in the Products, including, without limitation, all patents, copyrights, trade secrets and other proprietary rights associated with the Products, shall at all times remain solely and exclusively the property of KRUU, whether or not specifically recognized or perfected under the laws of the jurisdictions in which the Products are used or rented (as the case may be). Customer shall have no right, title or interest in the Products except the quiet enjoyment and use thereof subject to the terms and conditions of this Rental Agreement. Customer shall keep the Products free and clear of all liens, encumbrances and charges of any nature. Customer shall not take any action that jeopardizes KRUU’s rights, including intellectual property rights, or acquire any right in the Products. Except as may be specifically provided elsewhere in these Terms, no license under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights are granted by KRUU to Customer.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRUU SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS RENTAL AGREEMENT OR THE USE OF THE PRODUCTS OR SERVICES, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF KRUU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KRUU BE LIABLE FOR (A) ANY DAMAGES THAT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS OR SERVICES WITHIN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE ACTION WHICH GAVE RISE TO THE CLAIM FOR SUCH DAMAGES.
Exclusion of Warranties. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, KRUU MAKES NO WARRANTY WHATSOEVER, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRUU SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INTERFERENCE OR NON-INFRINGEMENT.
KRUU’s Duties. KRUU shall provide Customer with exclusive use of the Products for the Rental Term in exchange for the agreed Rental Fee. KRUU shall make reasonable efforts to provide for timely delivery of the Products to the Rental Location.
Customer Representations & Warranties. Customer represents and warrants for the benefit of KRUU that the statements contained in this Section 12 are true and correct as of the date hereof.
Customer Covenants. Customer agrees that it shall comply with the following covenants:
Customer’s Use of the Products.
Privacy. Our Privacy Policy, which can be found at the following link: Privacy Policy, governs the processing of all personal data collected in connection with the rental of the Products, or purchase of additional services, through the Site.
Acceptable Use. Customer shall use the Site and the App only for lawful purposes and in accordance with these Terms. Customer shall not use the Site or the App: in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without KRUU’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate KRUU, a KRUU employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or the App, or which, as determined by KRUU, may harm KRUU or users of the Site or the App, or expose them to liability. Additionally, Customer shall not: use the Site or the App in any manner that could disable, overburden, damage, or impair the Site or the App or interfere with any other party’s use of the Site or the App, including their ability to engage in real time activities through the Site or the App; use any robot, spider, or other automatic device, process, or means to access the Site or the App for any purpose, including monitoring or copying any of the material on the Site or the App; use any device, software, or routine that interferes with the proper working of the Site or the App; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or the App, the server on which the Site or the App is stored, or any server, computer, or database connected to the Site or the App; attack the Site or the App via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Site or the App.
In addition to the foregoing, Customer will in no event cause or permit the recording, collection, use or storage of images of minors (under thirteen (13) years of age and, in California, under sixteen (16) years of age) with, on, or otherwise involving the Products for any reason without first obtaining parental or guardian consent of such minor, in accordance with applicable federal and state law, to do so. For the avoidance of doubt, Customer is solely responsible for obtaining and keeping records of such parental consent forms regardless of whether the Products will be used for the foregoing purposes by Customer or its Guests.
Customer warrants that it has actual authority to make the representations set forth in this Section 16 on behalf of itself and, where applicable, on behalf of its Guests, and shall indemnify KRUU in accordance with the indemnification clause provided in Section 17 below for any Losses relating to, arising out of, or in connection with Customer’s and/or its Guests’ use of the images in accordance with this Section 16.
Indemnity. Customer shall indemnify, defend and hold harmless KRUU, its affiliates, its and their successors and assigns, and its and their respective directors, officers, managers, members, employees, consultants, financial advisors, counsel, accountants, and other agents (collectively, “Indemnitees”) against any and all losses, injury, death, damages, liabilities, claims, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatsoever kind and nature, including attorneys’ fees and the cost of enforcing any right to indemnification under these Terms (collectively, “Losses”) relating to, arising out of, or in connection with the transactions contemplated by these Terms, including without limitation: (a) the rental, possession, maintenance, use, condition, repair, return, disposition, operation, storage, or transportation of the Products, any parts, or any modifications thereto (including, without limitation, latent and other defects, whether or not discoverable by KRUU or Customer); (b) any inaccuracy in or breach of any of the representations of Customer contained in these Terms; (c) any breach or non-fulfillment of any covenant, agreement, or obligation to be performed by Customer pursuant to these Terms; (d) any assertion of the infringement of patent, trade secret, trademark, copyright, or other intellectual property rights of third parties; and (e) the actions or inactions of Guests or sub-customers, as applicable, regardless of whether such actions or inactions are due to the negligence or willful misconduct such Guests or sub-customers.
Miscellaneous.
Each Party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under these Terms in writing and addressed to the other Party at either its e-mail address included on the Site, in the case of KRUU, or used to place the Order or included in the customer portal, in the case of Customer. Except as otherwise provided in these Terms, notice is effective only (a) on receipt by the receiving Party, and (b) if the Party giving the notice has complied with the requirements of this Section 18.1.
The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms constitute the sole and entire agreement of the Parties hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
No amendment, recission, termination, waiver, or discharge of these Terms is effective unless made in writing and signed by an authorized representative of each Party.
All rights and remedies of KRUU provided in these Terms are cumulative and not exclusive, and the exercise by KRUU of any right or remedy does not preclude its exercise of any other rights or remedies that may now or subsequently be available to KRUU at law, in equity, by statute, in any other agreement between the Parties, or otherwise.
Customer acknowledges that a breach or threatened breach by Customer of any of its obligations under these Terms could give rise to irreparable harm to KRUU for which money damages would not be an adequate remedy and hereby agrees that in the event of a breach or threatened breach by Customer of any of such obligations, KRUU will, in addition to any and all other rights and remedies that may be available to KRUU in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).
Customer may not assign any of its rights or delegate any of its obligations under these Terms. Any purported assignment or delegation in violation of this Section 18.8 is null and void.
These Terms are binding on and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
These Terms benefit solely the Parties and their respective successors and permitted assigns and nothing in these Terms, express or implied, confers on any other party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason hereof.
These Terms, and all matters arising out of or relating hereto, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Michigan, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the state or federal courts of the State of Michigan and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to these Terms, or any contemplated transaction, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the United States District Court for the Eastern District of Michigan or, if such court does not have subject matter jurisdiction, the courts of the State of Michigan sitting in Oakland County, and any appellate court thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the United States District Court for the Eastern District of Michigan or, if such court does not have subject matter jurisdiction, the courts of the State of Michigan sitting in Oakland County. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PRECEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms (except for any obligations of Customer to make payments to KRUU hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; and (g) other similar events beyond the reasonable control of the Impacted Party.
Instant Pic Download Feature.
(a) KRUU provides Customer and Guests with access to the Instant Pic Download feature, which allows users to transfer pictures captured on the Products directly to their smartphone gallery. A unique QR code is displayed on the Products' screen for each picture taken.
(b) With the KRUU App installed, users may scan the QR code using their smartphone camera, and the App will open automatically. Without the App installed, users will be redirected to the appropriate app store upon scanning the QR code.
(c) Use of the Instant Pic Download feature requires the following permissions and connections on the user's device: camera access to scan the QR code, an active Wi-Fi connection between the Products and the smartphone, and location access.
(d) Each QR code is uniquely linked to its corresponding picture and does not change. If the QR code has not been used, the picture may be reopened on the Products through the event gallery and the same QR code scanned again.
(e) The event gallery displayed on the Products is continuously accessible during the event. All pictures in the gallery may be viewed and downloaded by all Guests.
(f) Use and sharing of pictures are the sole responsibility of users. Users shall ensure that their use and sharing of pictures does not infringe upon the rights of third parties, including, without limitation, privacy rights and intellectual property rights. KRUU assumes no liability for any infringement of third-party rights by users.
(g) Customer shall inform Guests that pictures taken on the Products will be accessible to all Guests via the event gallery.
[END OF RENTAL TERMS & CONDITIONS]
OFFICIAL RULES:
The KRUU 2024 Photo Booth Contest is organized and administered by KRUU US Inc., located at 6115 East 13 Mile Rd, Warren, Michigan, United States, 48092.
For five consecutive months (June to October), one person will be selected each month by the KRUU team as having submitted the best content and will receive a full refund of their KRUU Photo Booth rental fee (Lite, Basic, or Premium).
1. ELIGIBILITY & PARTICIPATION:
The KRUU 2024 Photo Booth Contest is open to legal residents of the contiguous United States who are 18 years of age or older as of the start of the Entry Period.
To participate to the contest, the participant needs to respond to the email address support-us@kruu.com by sharing his/her content using WeTransfer, Google Drive, or Dropbox, no later than two weeks after his/her event.
2. AGREEMENT TO OFFICIAL RULES:
By sharing your photos, you give us permission to feature them in our future communications, and we will always present them in the best possible light. Participation in the KRUU 2024 Photo Booth Contest constitutes the Participant’s full and unconditional agreement to and acceptance of these rules.
3. ENTRY PERIOD & JUDGING:
The KRUU 2024 Photo Booth Contest begins at 12:00 am ET on June 11, 2024, and ends at 11:59 pm ET on October 31, 2024 (the “Entry Period”). Entries submitted before or after the Entry Period will be disqualified. The winner will be announced via email at the end of each month.