Website Terms of Use, Gallery Terms & Privacy Policy

Pixster Photobooth LLC Updated August 13, 2026

IMPORTANT—PLEASE READ: These Terms contain a binding arbitration agreement, a class-action and jury-trial waiver, limits on Pixster’s liability, a shortened time to bring claims, and rules governing Event Media. If you do not agree, do not use the Site or access any Gallery.

1. Acceptance; Scope; Order of Precedence

These Website Terms of Use, Gallery Terms & Privacy Policy (collectively, the “Policy”) are a legally binding agreement between you and Pixster Photobooth LLC (“Pixster,” “we,” “us,” or “our”). This Policy governs your access to and use of Pixster-owned or operated websites, quote and contact forms, online galleries, event-delivery pages, event applications, booth interfaces that display or link to this Policy, and related online features (collectively, the “Site”). “Gallery” means any Pixster-hosted or Pixster-delivered collection of photographs, videos, audio, GIFs, digital compositions, or related files. “Event Media” means images, video, audio, likenesses, messages, prompts, submissions, and associated metadata captured, uploaded, generated, processed, or delivered in connection with an event or Pixster service.

By clicking to accept, submitting information, using a booth or feature that links to this Policy, accessing a Gallery, or otherwise using the Site, you acknowledge that you have read, understood, and agree to this Policy. If you do not agree, do not access or use the Site or any Gallery.

A separate proposal, order form, rental agreement, master services agreement, statement of work, venue agreement, or other written agreement accepted by Pixster (a “Service Agreement”) may govern purchased services. If a conflict exists, the Service Agreement controls solely as to the conflicting provision and purchased service; this Policy otherwise remains in effect. Nothing here expands any warranty or remedy in a Service Agreement. Event organizers may impose additional rules, and you are responsible for complying with them.

2. Eligibility, Authority, and Electronic Contracting

You must be at least 18 years old and capable of forming a binding contract to submit a booking request, purchase services, create or administer an account, upload content on behalf of another person, or accept this Policy for an organization. If you use the Site for a business, school, nonprofit, government entity, venue, event host, or other organization, you represent and warrant that you have authority to bind that organization, and “you” includes that organization.

Minors may access or participate in event experiences only with the permission and supervision required by the event organizer and applicable law. A parent, legal guardian, school, or event organizer who permits a minor to use the Site or participate in a Pixster experience is responsible for that minor’s activity to the fullest extent permitted by law.

You consent to transact electronically and to receive agreements, notices, disclosures, and records electronically. You may retain a copy of this Policy by printing or saving it. Electronic acceptance and records have the same force as paper signatures and records to the maximum extent permitted by law.

3. Limited License to Use the Site

Subject to this Policy, Pixster grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for its intended lawful purpose. This license does not transfer ownership or grant any right to Pixster technology, branding, Event Media, or third-party content. All rights not expressly granted are reserved by Pixster and its licensors.

4. Accounts, Gallery Credentials, and Access Controls

You are responsible for maintaining the confidentiality of passwords, access codes, download links, QR codes, and account credentials and for all activity occurring through them. Gallery links and codes may be shared by event organizers or guests; Pixster cannot control onward sharing. Do not assume that a Gallery is private merely because it is unlisted, password-protected, or accessible only through a link.

You must promptly notify Pixster at smile@pixsterphotobooth.com if you suspect unauthorized access. Pixster may require authentication, reset credentials, restrict downloads, watermark files, remove material, suspend access, or terminate an account or Gallery at any time when reasonably necessary to protect Pixster, users, Event Media, the integrity of the Site, or legal compliance. Pixster has no obligation to restore access or preserve credentials.

5. Event Media; Content Submitted or Authorized by You

You retain whatever ownership rights you lawfully hold in content you submit. You grant Pixster and its service providers a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, reproduce, cache, back up, transmit, format, resize, crop, stabilize, color-correct, transcode, combine, display, distribute, and otherwise process that content and Event Media as reasonably necessary to provide, secure, support, troubleshoot, improve, administer, and document the services; comply with law; enforce agreements; prevent abuse; and exercise rights expressly granted in a Service Agreement or separate consent. This operational license lasts for as long as reasonably necessary for those purposes, including backups, legal holds, dispute resolution, and records retention.

You represent and warrant that you own or control all necessary rights and permissions for content you upload, transmit, select, direct Pixster to use, or make available; that Pixster’s permitted processing will not infringe or violate any copyright, trademark, privacy, publicity, contractual, confidentiality, or other right; and that the content is lawful and not deceptive, defamatory, obscene, exploitative, or harmful. You must not submit highly sensitive information, government identification numbers, financial account credentials, medical records, or intimate imagery through a Gallery or booth unless Pixster expressly requests it through a designated secure method.

Pixster may, but is not required to, review, moderate, reject, remove, quarantine, disable, or preserve content. Pixster does not undertake a duty to monitor Event Media and is not responsible for user or organizer submissions.

6. Event Organizer and Client Responsibilities

Each client, event organizer, and person directing Pixster’s capture or processing represents, warrants, and agrees that it has provided all notices and obtained all permissions, releases, authorizations, consents, and licenses required for Pixster and its providers to capture, receive, process, display, deliver, and otherwise use Event Media as contemplated by the applicable Service Agreement and this Policy. This includes permissions relating to attendees, employees, performers, invitees, minors, parents or guardians, venues, artwork, music, logos, props, confidential information, and any material supplied by or on behalf of the organizer.

The organizer is responsible for event signage, participant notices, obtaining any opt-in or release required for promotional or commercial use, offering any legally required alternative for persons who do not consent, controlling Gallery distribution, and promptly communicating removal or restriction requests. Pixster may rely on the organizer’s instructions and representations without independently verifying every participant’s permission.

For school, camp, youth, or family events, the organizer represents that it has authority to engage Pixster and has implemented a legally sufficient process for parental or guardian notice and consent where required. The organizer must not direct a child under 13 to submit personal information online to Pixster unless a legally valid authorization and consent process is in place.

7. Personal-Use License for Gallery Downloads

Unless a Service Agreement, Gallery notice, or separate license says otherwise, Pixster grants an authorized Gallery user a limited, revocable, non-exclusive, non-transferable license to download available Event Media for personal, non-commercial use and to share it privately or on personal social-media accounts in a lawful, non-misleading manner. This license is subject to the rights of the people depicted, the event organizer’s rules, third-party rights, and all visible watermarks and attribution requirements. No commercial, advertising, sponsorship, merchandising, editorial, political, fundraising, stock, resale, or endorsement right is granted.

Possession of a file does not establish ownership, consent, a model release, a property release, or permission to exploit another person’s name, image, voice, likeness, or performance. You are solely responsible for confirming that your intended use is authorized.

8. Prohibited Conduct

You may not, directly or indirectly, and may not help anyone else to:

access the Site or a Gallery without authorization; defeat passwords, rate limits, watermarks, access controls, or security measures; or probe, scan, or test vulnerabilities without Pixster’s prior written authorization;
scrape, crawl, spider, index, harvest, mirror, frame, embed, or systematically download the Site or Event Media, including through bots, scripts, browser automation, extensions, APIs, or bulk-download tools not expressly provided by Pixster;
use the Site, Pixster content, or Event Media to create or enrich a dataset; train, fine-tune, evaluate, benchmark, ground, or develop any artificial-intelligence, facial-recognition, biometric, computer-vision, generative, or machine-learning system; or generate embeddings or templates from them;
reverse engineer, decompile, disassemble, copy, modify, translate, adapt, derive source code from, or create derivative technology from any Site component except to the limited extent a restriction is prohibited by law;
copy, republish, license, sell, rent, sublicense, distribute, broadcast, publicly display, commercially exploit, tokenize, mint as an NFT, submit to stock-media services, or use Event Media for advertising, endorsements, political communications, facial recognition, deepfakes, impersonation, harassment, surveillance, or unlawful discrimination;
remove, crop out, conceal, or alter copyright notices, watermarks, trademarks, provenance information, content credentials, metadata intended to identify ownership, or access controls;
upload malware, malicious code, illegal material, non-consensual intimate imagery, exploitative content, or content that infringes or violates another person’s rights;
impersonate another person; misrepresent affiliation, authorization, identity, consent, or source; submit false information; or use another person’s contact information without permission;
interfere with Site operation or other users, overload infrastructure, send spam, conduct fraudulent activity, or use the Site in violation of law, event rules, platform terms, or a Service Agreement; or
use Pixster’s name, logos, trade dress, product photographs, pricing, copy, or other materials to compete with Pixster, confuse consumers, imply endorsement, or create a substantially similar service or site without prior written permission.

Any permission must be in a writing signed by an authorized Pixster representative. Pixster may investigate suspected violations, preserve evidence, cooperate with authorities and rights holders, revoke access, and pursue damages and injunctive relief.

9. Artificial Intelligence and Automated Processing

Pixster may use artificial intelligence, machine learning, computer vision, or automated tools to support features such as background generation or replacement, compositing, stylization, curation, cropping, stabilization, enhancement, color adjustment, moderation, tagging, delivery, quality control, fraud prevention, customer support, and operational analytics. Specific features and providers may change without notice.

AI and automated outputs are probabilistic and may be inaccurate, incomplete, biased, offensive, distorted, inconsistent, or unlike the person or prompt involved. Outputs may introduce or omit objects, alter physical traits, clothing, text, colors, proportions, identity cues, or context. You must review outputs before use and must not rely on them for identification, eligibility, employment, credit, housing, insurance, medical, legal, safety, or other high-impact decisions.

To the maximum extent permitted by law, you assume the risks inherent in choosing or using an AI-enabled feature. Pixster does not warrant accuracy, realism, uniqueness, non-infringement, availability, or fitness of any output and may modify, suspend, or discontinue a feature at any time. You must not prompt or use an AI feature to infringe rights, impersonate deceptively, create unlawful or exploitative content, or process a person’s likeness without appropriate permission.

Pixster does not authorize public AI-model developers to scrape Site content or Event Media for model training. Pixster will not intentionally use client Event Media to train a general-purpose public AI model unless the applicable client gives separate express written authorization. Service providers may process inputs and outputs to provide and secure a feature under their agreements with Pixster; feature-specific notices or consents may apply.

10. Promotional and Portfolio Use

Pixster’s right to use identifiable Event Media for advertising, portfolio, case-study, social-media, press, award-submission, or other promotional purposes is governed by the applicable Service Agreement, participant release, booth-screen consent, event signage and authorization, or other legally valid permission. Nothing in this Policy alone is intended to create a promotional-use right where applicable law requires a separate release or opt-in. Where such permission has been granted, the scope, duration, territory, media, and revocation rights stated in that permission control.

11. Pixster Intellectual Property

The Site and its selection, arrangement, design, software, source and object code, interfaces, databases, workflows, graphics, text, photographs, videos, templates, animations, sounds, logos, trademarks, service marks, trade dress, and other materials are owned by or licensed to Pixster and protected by intellectual-property and unfair-competition laws. PIXSTER, PIXSTER PHOTOBOOTH, associated logos, and other Pixster marks may not be used without prior written permission. Third-party names and marks belong to their respective owners. No implied license arises from access to the Site.

12. Suggestions and Feedback

If you voluntarily submit an idea, suggestion, evaluation, or feedback about Pixster or its services, you grant Pixster a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right to use, reproduce, modify, publish, commercialize, and otherwise exploit it for any lawful purpose without restriction, attribution, or compensation. Do not submit confidential or proprietary information as feedback.

13. Copyright and Rights Complaints

If you believe material on the Site infringes your copyright or violates your privacy or publicity rights, email smile@pixsterphotobooth.com with: your name and contact information; identification of the protected work or right; the exact URL or sufficient information to locate the material; a description of the claimed violation; a statement that you have a good-faith belief the use is unauthorized; a statement under penalty of perjury that the information is accurate and you are the rights holder or authorized agent; and your physical or electronic signature. Pixster may request identity, authority, consent, or ownership documentation. False claims may create liability.

Pixster may remove or restrict material without admitting liability and may notify the event organizer, uploader, or affected user. This procedure does not constitute a representation that Pixster has completed any designation or registration required for a statutory safe harbor.

14. Communications; Email; Telephone; SMS

By providing contact information, you authorize Pixster to contact you about inquiries, quotes, bookings, event logistics, Gallery access, downloads, support, security, policy changes, and other transactional matters using email, telephone, or text message. Message and data rates may apply. Consent to marketing is not a condition of purchase.

Pixster will send marketing emails or texts only as permitted by law and any consent you provide. You may unsubscribe from promotional email using the unsubscribe link. You may opt out of promotional text messages by replying STOP or by following the instructions in the message. HELP may provide help information. Pixster may send a one-time confirmation of an opt-out and may continue non-marketing communications reasonably necessary to fulfill a request, administer a booking, provide safety or security notices, or comply with law. Revocation requests may be made through any reasonable method and will be honored as required by applicable law.

Carriers and telecommunications providers are not liable for delayed or undelivered messages. Frequency varies. You represent that you are the subscriber or customary user of any number provided and will notify Pixster if the number changes.

15. Third-Party Services, Links, and Platforms

The Site may depend on or link to third-party hosting, gallery, payment, analytics, advertising, AI, communications, social-media, storage, mapping, and other services. Third parties may collect information directly under their own terms and privacy policies. Pixster does not control and is not responsible for third-party availability, security, content, accuracy, policies, or conduct. A link or integration is not an endorsement. Your use of a third-party service is at your own risk and may be governed by separate terms.

16. Gallery Availability, Storage, Delivery, and Deletion

Galleries and Event Media are delivery conveniences, not permanent archives. Unless a Service Agreement expressly promises a specific period, Pixster does not guarantee that any Gallery or file will be available, retained, recoverable, downloadable, compatible, or free from corruption for any period. Galleries may expire, links may change, and files may be deleted automatically or without notice because of retention schedules, storage limits, client instructions, legal requirements, security concerns, nonpayment, account closure, provider failure, or service changes.

You are solely responsible for promptly downloading authorized files, verifying them, maintaining independent backups, and preserving any required records. Deletion from an active system may not immediately remove disaster-recovery copies, cached copies, legal holds, or copies previously downloaded or shared by others. Pixster cannot retrieve or control copies held by recipients or third parties.

17. Security and Incident Limitations

Pixster uses administrative, technical, and physical safeguards reasonably designed for the nature of the information handled. No website, transmission, storage system, password, Gallery, or security measure is completely secure. Pixster does not warrant that the Site will be immune from unauthorized access, interception, malware, outages, corruption, or loss. You use the Site and transmit information at your own risk, subject to non-waivable rights under applicable law.

You must not publicly disclose a suspected vulnerability before giving Pixster a reasonable opportunity to investigate. Authorized security research requires Pixster’s advance written permission and compliance with any written scope and safe-harbor conditions Pixster provides.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, GALLERIES, EVENT MEDIA, DOWNLOADS, AI OUTPUTS, AND ALL RELATED CONTENT AND FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” PIXSTER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, QUALITY, SECURITY, AVAILABILITY, COMPATIBILITY, AND RESULTS.

PIXSTER DOES NOT WARRANT THAT THE SITE OR ANY FILE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, PRESERVED, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT AN AI OUTPUT WILL MATCH A PERSON, PROMPT, OR EXPECTATION; OR THAT EVENT MEDIA WILL BE EXCLUSIVE, NON-INFRINGING, OR SUITABLE FOR A PARTICULAR USE. ADVICE OR INFORMATION FROM PIXSTER DOES NOT CREATE A WARRANTY UNLESS EXPRESSLY STATED IN A SIGNED SERVICE AGREEMENT.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you. Nothing in this Policy excludes warranties or rights that cannot lawfully be excluded.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXSTER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, VENDORS, AND SERVICE PROVIDERS (THE “PIXSTER PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, USE, OR DATA; COST OF SUBSTITUTE SERVICES; EMOTIONAL DISTRESS; OR DAMAGES ARISING FROM UNAUTHORIZED ACCESS, EVENT MEDIA MISUSE, THIRD-PARTY CONDUCT, AI OUTPUTS, OUTAGES, DELAYS, DELETION, CORRUPTION, OR INABILITY TO ACCESS OR USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PIXSTER PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, A GALLERY, OR THIS POLICY WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU ACTUALLY PAID PIXSTER, IF ANY, FOR THE SPECIFIC ONLINE FEATURE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. This Site-specific cap does not replace a different cap expressly stated in a Service Agreement for purchased event services.

The exclusions and limits apply regardless of legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law, which may include liability for fraud, willful misconduct, certain statutory privacy or data-security obligations, or personal injury caused by gross negligence, depending on the jurisdiction. The allocation of risk in this section is a material basis of the bargain.

20. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Pixster Parties from and against third-party claims, demands, actions, investigations, damages, judgments, settlements, penalties, fines, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and expert fees) arising out of or relating to: (a) content, Event Media, materials, instructions, prompts, music, marks, or data supplied, selected, uploaded, or authorized by you; (b) your use or misuse of the Site, a Gallery, or Event Media; (c) your breach of this Policy, a Service Agreement, or any representation or warranty; (d) your violation of law or another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; (e) your failure to obtain notices, permissions, releases, or consents; or (f) your fraud, negligence, or willful misconduct.

Pixster may control the defense and settlement of an indemnified matter using counsel of its choice. You will cooperate and may not settle a matter in a way that admits fault by, imposes obligations on, or fails to fully release a Pixster Party without Pixster’s prior written consent. This section does not require a consumer to indemnify Pixster for Pixster’s own conduct where prohibited by law.

21. Release Regarding Other Users and Third Parties

To the maximum extent permitted by law, you release the Pixster Parties from claims arising from disputes between you and an event organizer, guest, depicted person, uploader, recipient, venue, social platform, or other third party, including disputes about consent, Gallery sharing, downloads, reposting, deletion, ownership, or use of Event Media. If you are a California resident, you waive California Civil Code section 1542 to the extent lawfully applicable, which generally preserves unknown claims, and any similar law, solely with respect to claims covered by this release. This release does not waive claims that cannot legally be waived.

22. Informal Dispute Resolution

Before initiating arbitration or litigation, the claimant must send an individualized written Notice of Dispute to Pixster at smile@pixsterphotobooth.com with the subject “Legal Notice of Dispute.” The notice must include the claimant’s full name and contact information; account, Gallery, booking, or event information sufficient to identify the matter; a detailed description of the facts and legal basis; the specific relief requested and calculation of monetary relief; and the claimant’s personal signature. Pixster may send its notice to the contact information associated with the claimant.

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete notice. Any limitations period is tolled during that 60-day period. Either party may request an individualized settlement conference by telephone or videoconference, and the parties will personally participate. Compliance with this section is a condition precedent to arbitration or litigation, and a court may enjoin a filing that fails to comply.

23. Binding Individual Arbitration; Class and Jury Waivers

ARBITRATION NOTICE: Except for the limited exceptions below, you and Pixster agree that disputes will be resolved by binding arbitration on an individual basis—not in court, not before a jury, and not as a class, collective, consolidated, mass, coordinated, or representative action.

The Federal Arbitration Act governs this section. After completing informal resolution, any dispute, claim, or controversy arising out of or relating to the Site, a Gallery, Event Media, communications, this Policy, or the relationship between you and Pixster—including contract, tort, statute, fraud, misrepresentation, privacy, or any other legal theory, and disputes about formation, validity, enforceability, scope, or arbitrability—will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, as modified by this Policy. The arbitrator has exclusive authority to resolve arbitrability issues, except a court has exclusive authority to decide the enforceability of the class-action, mass-action, representative-action, and public-injunctive-relief limitations.

Arbitration will be conducted by one neutral arbitrator in English. The hearing will be by telephone, videoconference, documents-only process, or in San Diego County, California, as the rules and applicable law permit, with reasonable accommodation for a consumer’s location. Fees will be allocated under AAA rules and applicable law. Pixster will not seek attorneys’ fees from a consumer unless the arbitrator finds the claim frivolous or brought for an improper purpose, or another law authorizes fees. The arbitrator may award the same individualized remedies a court could award, but only to the individual claimant and only as necessary to resolve that claimant’s claim. The award must be reasoned and written and may be entered in a court of competent jurisdiction.

Either party may bring an individual action in small-claims court if it remains within that court’s jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration or to stop actual or threatened infringement, misappropriation, unauthorized access, security abuse, scraping, or violation of intellectual-property rights. Nothing here prevents a report to or investigation by a government agency, and a government agency may seek relief as authorized by law.

YOU AND PIXSTER EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY CLASS, COLLECTIVE, MASS, COORDINATED, OR REPRESENTATIVE PROCEEDING. To the extent applicable law prevents waiver of a request for public injunctive relief, that request will be severed and decided by a court after individual arbitrable claims are completed.

You may opt out of this arbitration section by emailing smile@pixsterphotobooth.com with the subject “Arbitration Opt-Out” within 30 days after you first accept this version of the Policy. Your notice must include your full name, mailing address, email address, and an unambiguous statement that you opt out. Opting out does not affect any prior arbitration agreement or other provisions of this Policy.

If any portion of this arbitration section is found unenforceable as to a particular claim or remedy, that portion will be severed and the remainder enforced, except that if the class-action or mass-action waiver is finally held unenforceable as to a claim that cannot be severed, the arbitration requirement will not apply to that claim. The parties will ask the court to stay any non-arbitrable claim pending arbitration of arbitrable claims.

24. Time Limit to Bring Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, A GALLERY, EVENT MEDIA, OR THIS POLICY MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. If applicable law prohibits a one-year period for a particular claim, the shortest legally permitted period applies. This section does not shorten a period that cannot lawfully be shortened.

25. Governing Law and Court Venue

The Federal Arbitration Act governs arbitration. Otherwise, California law governs this Policy without regard to conflict-of-law principles, except that non-waivable consumer protections of your home jurisdiction remain applicable. Any court proceeding permitted under this Policy must be brought exclusively in the state or federal courts located in San Diego County, California, and each party consents to personal jurisdiction and venue there, except where applicable consumer law requires otherwise.

26. Changes to the Site and Policy

Pixster may change, suspend, or discontinue any Site feature, Gallery, content, or access method at any time. Pixster may update this Policy by posting a revised version and changing the “Last Updated” date. Material changes will apply prospectively and will be communicated as required by law, which may include a conspicuous Site notice or direct notice. Your continued use after the effective date constitutes acceptance where permitted by law. If consent is legally required, Pixster will request it. The arbitration terms applicable when a dispute arose will govern that dispute unless the parties agree otherwise.

27. Suspension and Termination

Pixster may suspend, restrict, or terminate your access immediately and without liability if Pixster reasonably believes you violated this Policy, created risk or legal exposure, failed to pay amounts due, infringed rights, threatened security, or used the Site abusively. You may stop using the Site at any time. Termination ends the limited Site license but does not affect accrued rights. Provisions that by their nature should survive—including ownership, licenses needed for retained copies and legal compliance, restrictions, disclaimers, liability limits, indemnification, dispute resolution, and general terms—will survive.

28. General Contract Terms

Neither party waives a right by delaying or failing to exercise it. If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent and severed if necessary, and the remainder will remain effective, subject to the special severability rule in the arbitration section. Headings are for convenience only. “Including” means “including without limitation.”

You may not assign or transfer this Policy or any Site right without Pixster’s prior written consent. Pixster may assign this Policy, in whole or in part, to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or transfer of the Site or business. No third party is a beneficiary except the Pixster Parties with respect to provisions protecting them.

Pixster is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, severe weather, fire, epidemic, labor dispute, war, terrorism, civil unrest, government action, utility or internet failure, cyberattack, platform outage, carrier failure, equipment shortage, or supplier failure. The parties are independent contractors; this Policy creates no partnership, joint venture, agency, employment, fiduciary, or franchise relationship.

This Policy and any applicable Service Agreement are the entire agreement concerning their respective subject matter and supersede prior or contemporaneous understandings about that subject matter. A purchase order or user-supplied term does not modify Pixster’s terms unless expressly accepted in a writing signed by an authorized Pixster representative.

PRIVACY POLICY

29. Privacy Scope and Pixster’s Role

This Privacy Policy explains how Pixster collects, uses, retains, and discloses personal information through the Site and in connection with inquiries, events, Galleries, communications, and related services. “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an individual or household, as defined by applicable law.

Depending on the context, Pixster may determine the purposes and means of processing (sometimes called a business or controller), or it may process Event Media and participant information under a client’s instructions (sometimes called a service provider or processor). When Pixster acts solely for a client, that client is responsible for its privacy notice and instructions. Pixster may direct a request to the relevant client or assist the client as required by contract and law.

This Policy does not govern information processed solely under another entity’s privacy policy, employee or applicant information covered by a separate notice, or third-party sites and platforms.

30. Personal Information We Collect

The information collected depends on how you interact with Pixster. In the preceding 12 months, Pixster may have collected the following categories:

31. Sources of Personal Information

Pixster may collect personal information:

directly from you, including through forms, booth screens, Galleries, uploads, downloads, inquiries, bookings, surveys, releases, communications, and event participation;
from Pixster clients, event organizers, hosts, planners, venues, schools, employers, sponsors, attendees, referral partners, and people who share Gallery links or submit another person’s details with authorization;
automatically from browsers, devices, cookies, pixels, software development kits, logs, and similar technologies;
from service providers and platforms supporting hosting, Galleries, payments, CRM, analytics, advertising, AI, communications, storage, security, and customer support;
from public sources and social-media platforms, subject to their settings and terms; and
from affiliates, business partners, and acquired businesses as permitted by law.

32. How We Use Personal Information

Pixster may use personal information for the following business and commercial purposes:

provide quotes, bookings, event experiences, capture, processing, Galleries, downloads, delivery, customer support, and requested services;
authenticate users; manage access, consent, releases, preferences, and records; and communicate about events, transactions, support, safety, and policies;
process, enhance, organize, moderate, transmit, back up, recover, and delete Event Media; operate AI-enabled features; and troubleshoot quality or delivery issues;
personalize experiences, remember preferences, measure engagement, analyze demand, improve services, develop features, conduct quality assurance, and train personnel using appropriate safeguards;
market Pixster services, attribute campaigns, manage leads and referrals, measure advertising, and send promotions as permitted by law and consent;
protect people, Event Media, Pixster, clients, and the Site; detect fraud, abuse, infringement, security incidents, and prohibited activity; enforce agreements; and investigate disputes;
comply with law, legal process, tax and accounting obligations, insurance requirements, contractual duties, and lawful requests; establish, exercise, or defend legal claims; and preserve evidence;
complete a merger, financing, acquisition, reorganization, bankruptcy, sale, diligence process, or other business transaction; and
carry out another purpose disclosed at collection, authorized by you, or reasonably compatible with the context, subject to applicable law.

Pixster will not collect, use, retain, or share personal information in a manner materially incompatible with disclosed purposes without providing additional notice or consent where required.

33. How We Disclose Personal Information

Pixster may disclose personal information to:

service providers and contractors that support website and Gallery hosting, cloud storage, content delivery, payments, CRM, email, SMS, customer support, event software, AI processing, analytics, security, fraud prevention, professional services, and business operations;
clients, event organizers, Gallery administrators, event sponsors, and authorized recipients as necessary to provide an event experience, follow client instructions, or deliver Event Media;
advertising, analytics, and social-media partners, subject to cookie choices and applicable opt-out rights;
referral partners or selected third-party vendors when you request, authorize, or reasonably expect a referral or introduction;
affiliates, insurers, auditors, banks, accountants, attorneys, advisors, and financing sources;
law enforcement, courts, regulators, government bodies, rights holders, or other parties when Pixster believes disclosure is necessary to comply with law, respond to process, protect rights or safety, prevent fraud or abuse, or establish or defend claims;
a buyer, investor, successor, lender, or transaction participant in connection with a proposed or completed corporate transaction; and
other parties at your direction, with your consent, or as disclosed at collection.

Pixster does not sell Event Media or sensitive personal information for money. Some analytics, advertising, social-media, or cross-context behavioral advertising activities may be considered a “sale,” “sharing,” or “targeted advertising” under certain state laws even when no money changes hands. Where applicable, you may opt out as described below.

34. Cookies, Analytics, Advertising, and Privacy Signals

Pixster and third parties may use cookies, pixels, tags, local storage, software development kits, and similar technologies to operate and secure the Site; remember settings; measure traffic, conversions, and Gallery interactions; diagnose performance; prevent fraud; and support analytics or advertising. These technologies may collect identifiers, device and browser information, IP-based location, referring pages, and Site activity over time and across services.

Browser controls may block or delete cookies, but parts of the Site may not function. Where required, Pixster provides a cookie or privacy-choice tool. If Pixster is legally required to honor an opt-out preference signal such as Global Privacy Control, Pixster will treat a recognized signal as an opt-out for the browser or device that sends it. Because there is no uniform legal standard for browser “Do Not Track” signals, Pixster does not respond to them unless required by law.

To exercise an applicable right to opt out of sale, sharing, or targeted advertising, use the “Your Privacy Choices” or “Do Not Sell or Share My Personal Information” link on the Site, if displayed, or email smile@pixsterphotobooth.com. You may need to repeat browser-based choices on each browser or device and after clearing cookies.

35. Retention

Pixster retains each category of personal information only for as long as reasonably necessary and proportionate for the purposes described in this Policy, unless a longer period is required or permitted by law. Retention varies based on the event, Service Agreement, client instructions, Gallery settings, account status, type and sensitivity of information, operational needs, consent, legal obligations, limitation periods, disputes, security, backups, and the cost and risk of continued retention.

For example, inquiry and booking records may be retained for customer service, tax, accounting, fraud prevention, and contract enforcement; consent and suppression records may be retained to document and honor choices; security logs may be retained to investigate incidents; and Event Media may be retained according to a Service Agreement, client instruction, Gallery lifecycle, backup cycle, or legal hold. When retention is no longer reasonably necessary, Pixster will delete, deidentify, or aggregate information, subject to technical limits and lawful exceptions. Deidentified information may be retained and used in deidentified form, and Pixster will not attempt to reidentify it except as permitted by law.

36. Data Security

Pixster maintains safeguards reasonably designed to protect personal information, taking into account its nature and risk. Safeguards may include access controls, vendor diligence, encryption where appropriate, authentication, monitoring, backups, personnel practices, and incident-response procedures. No safeguard eliminates all risk, and Pixster cannot guarantee absolute security. If Pixster determines that notice of a security incident is legally required, Pixster will provide notice in accordance with applicable law.

37. Your Privacy Rights

Depending on your residence and applicable law, you may have rights to request access to or confirmation of processing; obtain categories or specific pieces of personal information; correct inaccuracies; delete personal information; obtain a portable copy; opt out of sale, sharing, targeted advertising, or certain profiling; limit certain uses of sensitive personal information; withdraw consent; and appeal a denial. You may also have a right not to receive discriminatory treatment for exercising privacy rights.

Submit a request by emailing smile@pixsterphotobooth.com with the subject “Privacy Request” and stating the right you wish to exercise, your state or country of residence, and information reasonably sufficient to identify relevant records. Do not send sensitive verification documents unless requested through a secure method. Pixster may verify identity by matching information already held, confirming access to an email or telephone number, requesting event or transaction details, or using another proportionate method. Pixster may deny or limit a request when identity or authority cannot be verified or when an exception applies.

An authorized agent may submit a request where permitted, but Pixster may require proof of authority and may verify the consumer directly. Parents or legal guardians may submit requests concerning a child when legally authorized. Pixster will respond within the period required by applicable law and will explain any appeal process that applies. Pixster may direct a request to the relevant client when Pixster processes information solely on that client’s behalf.

38. California Notice at Collection and CCPA/CPRA Disclosures

This section applies to California residents to the extent the California Consumer Privacy Act, as amended (“CCPA”), applies to Pixster and the relevant processing. It supplements the disclosures above and covers practices during the preceding 12 months.

CCPA category

Status

Recipients

Sale/sharing status

Identifiers

Collected

Service providers; clients/organizers; referral, analytics or advertising partners; legal and transaction parties

May be sold/shared through advertising or analytics technologies; not sold for money

California customer-record information

Collected

Service providers; clients/organizers; professional, legal and transaction parties

Not ordinarily sold/shared for cross-context advertising

Protected-classification characteristics

May be incidentally present in Event Media

Service providers and authorized clients/recipients as needed for services

Not knowingly sold/shared for advertising

Commercial information

Collected

Service providers; affiliates; analytics, advertising, referral and transaction parties

May be sold/shared through advertising or analytics technologies

Internet/network activity

Collected

Service providers; security, analytics and advertising partners

May be sold/shared through advertising or analytics technologies

Geolocation

Approximate; precise only if enabled

Service providers; authorized clients/recipients; analytics partners

Approximate location may be sold/shared through advertising technologies; precise location is not knowingly sold/shared

Audio/electronic/visual information

Collected

Service providers; clients/organizers; authorized recipients; legal and transaction parties

Event Media is not sold/shared for cross-context advertising

Professional information

Collected in business interactions

Service providers; affiliates; referral and transaction parties

May be shared with referral partners when authorized

Inferences

May be generated

Service providers; analytics and advertising partners

May be sold/shared for advertising or analytics

Sensitive personal information

May be collected or incidentally present

Service providers and authorized parties for disclosed purposes

Not sold for money; not knowingly shared for cross-context advertising

Business and commercial purposes are described in Section 32. Sources are described in Section 31. Retention criteria are described in Section 35. California residents may exercise rights to know/access, correct, delete, opt out of sale or sharing, limit use and disclosure of sensitive personal information when applicable, and receive non-discriminatory treatment, subject to statutory exceptions.

Pixster does not knowingly sell or share the personal information of consumers under 16 without the affirmative authorization required by law. Pixster does not use or disclose sensitive personal information for purposes that require a “Limit the Use of My Sensitive Personal Information” link unless disclosed at collection. If Pixster begins such use, it will provide the legally required notice and choice.

California’s “Shine the Light” law may allow certain residents to request information about disclosure of personal information to third parties for their own direct-marketing purposes. Submit requests to smile@pixsterphotobooth.com and identify the request as “California Shine the Light.”

39. Children and Minors

The general-audience Site is not directed to children under 13, and Pixster does not knowingly ask a child under 13 to create an account or submit personal information online without a legally sufficient parent, guardian, school, or organizer authorization process. However, Pixster provides event services at schools, family events, and youth activities, and Event Media may depict minors or include their voices. Under U.S. children’s privacy law, a photo, video, or audio recording containing a child’s image or voice may be personal information in covered circumstances.

Clients and organizers must provide notices and obtain permissions required for minors’ participation and media processing. If you believe a child under 13 submitted personal information directly to Pixster without proper authorization, contact smile@pixsterphotobooth.com with enough information to locate it. Pixster will investigate and take action required by law. Pixster does not knowingly sell or share for cross-context behavioral advertising the personal information of a consumer under 16 without required opt-in authorization.

40. Facial Recognition and Biometric Information

Ordinary photographs and videos may contain faces, but Pixster does not intend to create or retain faceprints, voiceprints, facial-geometry templates, or other biometric identifiers for the purpose of uniquely identifying a person unless Pixster provides a separate feature-specific notice and obtains any consent required by law. Image enhancement, face detection used solely to frame or apply an effect, or other non-identifying processing may occur, but Pixster does not authorize use of Event Media for facial-recognition surveillance or identification.

A client or user may not direct Pixster to collect or process regulated biometric identifiers without Pixster’s advance written approval and a compliant written notice, consent, retention schedule, and vendor arrangement.

41. Payment Information

Payments may be handled by third-party payment processors. Pixster may receive transaction identifiers, status, amount, billing contact information, and limited payment details, but payment-card numbers and security codes may be collected directly by the processor and governed by its privacy policy. Do not send full card numbers or financial credentials by ordinary email, Gallery form, or booth interface.

42. International Users and Data Transfers

Pixster is based in the United States. If you access the Site from another country, personal information may be transferred to, stored in, and processed in the United States and other countries where Pixster or its providers operate. Those countries may have different data-protection laws. Where required, Pixster will use an appropriate legal basis and transfer mechanism. Depending on applicable law, you may have rights to access, correct, erase, restrict or object to processing, receive data portability, withdraw consent, or complain to a supervisory authority. Contact Pixster to exercise a right; Pixster may direct you to the relevant client when acting as its processor.

43. Marketing Choices

You may opt out of promotional email through the message’s unsubscribe link and promotional SMS by replying STOP or using another reasonable method. You may also email smile@pixsterphotobooth.com. Opting out of marketing does not stop transactional, service, safety, legal, or relationship communications. Pixster may retain limited suppression information to honor your choice.

44. Privacy Policy Changes

Pixster may update this Privacy Policy to reflect changes in law, technology, vendors, features, or practices. Pixster will post the revised version with a new Last Updated date and provide additional notice or obtain consent where required. Material changes apply prospectively unless law permits otherwise.

45. Contact Pixster

Questions, privacy requests, rights complaints, accessibility requests, and legal notices may be directed to:

Pixster Photobooth LLC
Email: smile@pixsterphotobooth.com
Subject line: Privacy Request, Copyright Complaint, or Legal Notice of Dispute, as applicable

If you need this Policy in an alternative format because of a disability, contact Pixster at the email above. Pixster will make reasonable efforts to provide an accessible format.