Your access to and use of the Platforms is subject to the following Terms of Service:
BY ENTERING THIS AGREEMENT, YOU (THE “CUSTOMER”) AGREE TO THE FOLLOWING TERMS OF SERVICE (THE “SERVICES AGREEMENT” OR “TERMS OF SERVICE” OR “TERMS AND CONDITIONS”) INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AND THE APPLICATION’S PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE AND CAN BE FOUND AT: https://www.jidori.studio/privacy-policy/
WITH YOUR SIGNATURE OR ACCEPTANCE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE:
(i) ENTERING INTO THIS AGREEMENT FREELY AND WITHOUT COERCION, AND AGREE TO BE BOUND BY ALL TERMS HEREIN;
(ii) CERTIFYING THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GOODCHILDS MEDIA; AND
(iii) AUTHORISED TO ENTER INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY (WHERE APPLICABLE).
THIS AGREEMENT SHALL BE DEEMED A LEGALLY BINDING CONTRACT BETWEEN YOU AND GOODCHILDS MEDIA LIMITED.
GOODCHILDS MEDIA AND ITS THIRD-PARTY APP PARTNERS RESERVE THE RIGHT TO UPDATE THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE TO YOU (EXCEPT FOR ANY FEE INCREASES SET OUT IN SCHEDULE A). CONTINUED USE OF THE PLATFORMS CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS.
1.2 The Provider offers access to photo experience services which may include the integration or use of third-party applications (“Third-Party Apps”). These services include, but are not limited to, applications for photo booths, event management, image sharing, analytics, and related tools.
1.3 The Third-Party Apps are provided by third-party developers and are not developed or owned by the Goodchilds Media Limited. The Provider facilitates access to these Apps as part of its service offering but does not assume responsibility for their availability or functionality.
- Fees and Payment
2.1 Any applicable fees for the Services are set out in Schedule A.
2.2 Third-Party Apps may have their own associated costs, for which the Customer will not be billed separately by the third-party provider only by Goodchilds Media Limited.
- Data Protection and Privacy
3.1 The Provider shall process any personal data in accordance with the UK GDPR and Data Protection Act 2018.
- Limitation of Liability
4.1 The Provider shall not be liable for any indirect, consequential, or special damages arising out of the use of the Services or any Third-Party Apps.
4.2 The Provider’s total aggregate liability shall not exceed the total fees paid by the Customer to the Provider in the preceding six (6) months.
4.3 Nothing in this Agreement excludes liability for death, personal injury caused by negligence, or fraud.
- Termination
5.1 This Agreement may be terminated by either party on 30 days’ written notice after the initial agreed term.
5.2 The Provider may terminate or suspend access immediately if the Customer breaches any term of this Agreement.
- Use of Platforms
Use Solely for Lawful Purposes. The Platforms may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any UK laws, or other applicable regulations, is strictly prohibited. This includes, but is not limited to, material legally judged to be threatening, obscene, or otherwise unlawful. Goodchilds Media reserves the right to refuse service to any client without providing reason or cause.
- Permitted Use of Platforms
Use of the Platforms is strictly limited to the creation, uploading, viewing, and display of photos and videos, as well as the collection, arrangement, and management of guest contact data in relation to event management and future marketing purposes.
- Submissions of Information
If you, or your agent, submit any information to the Platforms—this includes, but is not limited to, advertisements, user profile data, or other content—you grant Goodchilds Media a non-exclusive, worldwide, royalty-free licence to use, link to, reproduce, display, distribute, modify, create derivative works from, and otherwise exploit the submitted information, in any media now known or hereafter developed.
By submitting information to the Platforms, you or your agent warrant and represent that you own or otherwise control all the rights necessary to post, upload, input, or submit such content. No information you submit shall be considered confidential. However, Goodchilds Media agrees to handle your personally identifiable information in accordance with its Privacy Policy.
You retain ownership of any copyrights or other intellectual property rights associated with the information you submit. Additionally, you agree and acknowledge that contact information you provide may be used by Goodchilds Media to contact you regarding (but not limited to) payments, subscription expiry notices, product updates, and marketing communications.
9. Limitation of Liability
IN NO EVENT SHALL GOODCHILDS MEDIA LIMITED, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM:
- YOUR USE, MISUSE, OR INABILITY TO USE THE PLATFORMS.
- YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES PROVIDED BY GOODCHILDS MEDIA.
- YOUR USE, MISUSE, OR INABILITY TO USE ANY THIRD-PARTY SITE; OR
- THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER ARISING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GOODCHILDS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION. IN ANY EVENT, GOODCHILDS MEDIA’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO ANY SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR SUCH SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ITS CONTENT IS TO STOP USING THE PLATFORM.
10. Harm to Your Device
You acknowledge and agree that you transmit, receive, store, or display content through the Services at your own discretion and risk. Goodchilds Media shall not be liable for any damage to your property, including your devices, computer systems, or loss of data, arising from the use of the Services or any content provided therein.
11. Indemnification
You agree to indemnify, defend, and hold harmless Goodchilds Media Limited, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, liabilities, costs, expenses, or demands (including reasonable legal fees) arising out of or relating to:
- your access to or use of the Goodchilds Media Platforms.
- your use of any services provided by Goodchilds Media.
- your violation of these Terms of Service; or
- your infringement of any third-party rights, including without limitation copyright, property, or privacy rights.
This indemnification obligation shall survive the termination of this Agreement and your use of the Platforms or Services.
- Location Based Services
Some of the features of the Service enable Goodchilds Media to tailor your experience based on your location (“Location-based Services”), such as to make offers, event updates, and other announcements available to you based on your location. In order to use certain Location-based Services, you must allow Goodchilds Media access to your localized position through your device, which Goodchilds Media may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms.
Without limiting the foregoing, even if you have not expressly granted Goodchilds Media access to location data, Goodchilds Media may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store location data. If you choose to disable Location-based Services on your device or to the Platforms, you will not be able to utilize certain features of the Service.
By authorizing Goodchilds Media to access your location or media files containing location-based metadata, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Goodchilds Media may, for so long as you allow Goodchilds Media to access such location data or metadata, provide Location-based Services related to your then-current location.
PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND GOODCHILDS MEDIA DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION BASED SERVICES. Goodchilds Media may use third-party services as part of its Location-based Services, including but not limited to Google Maps. By using our Platforms you agree to be bound to the terms of such Location-based Services.
- General Terms
Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, Goodchilds Media reserves the right to pursue all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Platforms. If Goodchilds Media should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Service, and to abide by and comply with them.
Availability and New Versions of the Apps. Goodchilds Media may, without prior notice, stop providing the Apps, features of the Apps, and/or any of the Services, to you or to users generally, or create usage limits for Goodchilds Media or any of the Services. The Application, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Apps or Services without notice. Goodchilds Media has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Apps or any of the Services. You may have to agree to a renewed version of some or all the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Apps or Services. You acknowledge that Goodchilds Media may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Apps or Services and, accordingly, may modify, update or upgrade the version of the Apps or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
Premium Services. From time to time in its sole discretion, Goodchilds Media may provide additional features and/or Services that you pay for (the “Premium Services”). Goodchilds Media may also offer from time to time in its sole discretion, certain Premium Services for free, whether on a limited basis, for a trial period or otherwise. Unless expressly stated otherwise, references to the Services in the Terms and Conditions include the Premium Services.
Storage of Content. Storage space is inherently limited. Accordingly, you acknowledge and agree that no Application Party is under any obligation to preserve, provide access to or return to you any Content and that Goodchilds Media shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Goodchilds Media may remove certain Content from its storage systems periodically in its discretion without notice to you.
Severability. If any portion of these Terms of Service is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These Terms of Service, together with the Privacy Policy and any other legal notices published by Goodchilds Media on the Platforms, shall constitute the entire agreement between you and Goodchilds Media with respect to the Platforms. You acknowledge that any other agreements between you and Goodchilds Media with respect to the Platforms are superseded and of no force or effect.
Amendments. Goodchilds Media reserves the right to amend any of the Terms and Conditions at any time by publishing the revised Terms of Service, Privacy Policy, and/or Copyright Terms on the Website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised terms shall become effective following the applicable notice period. Your express acceptance or continued use of the Apps or Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms and Conditions.
Waiver. No delay or omission to exercise any right or remedy accruing to Goodchilds Media upon any breach or default by you shall constitute a waiver by Goodchilds Media of any breach or default.
Notice. All demands, notices, communications and reports required under these terms and conditions of use directed to Goodchilds Media shall be in writing and shall be either sent by email or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to Goodchilds Media at the following address:
Goodchilds Media Limited – Trading as Jidori
Registered office: The Old Star Church Street, Princes Risborough, Bucks, HP27 9AA
Email: hello@jidori.studio
Any notice hereunder to the User shall be at the most recent email address that has been provided by the User to Goodchilds Media.
You have had the opportunity to consult with and obtain legal advice concerning this Agreement.
You have had the opportunity to print and read the Agreement and the content herein.
You are fully aware of the Agreement’s legal effect and have entered into this Agreement freely based on your own judgment and not on any provisions or representations other than those contained herein.
- Termination
Termination by You. You may terminate your use of the Services at any time by uninstalling and removing all Goodchilds Media platforms from your devices. If you have an active subscription with a specified term, you are responsible for fulfilling all outstanding payment obligations before this agreement can be considered terminated.
Termination by Goodchilds Media. Without limiting any other remedies, Goodchilds Media may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of Apps and/or Services (including without limitation any Premium Services), with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if Goodchilds Media believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Goodchilds Media is under no obligation to provide the Services, including without limitation any Premium Services, and that no Application Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Platforms and/or any of the Services.
- Schedule A – Fees and Payment Terms
PAYMENTS FOR PREMIUM SERVICES: Premium Services may be offered on a subscription basis with or without a free trial period, on a per-usage basis, or as otherwise described at the time of your purchase. Payment may be required in advance, in arrears, per usage, or as otherwise specified at the time of your transaction. If you purchase any Premium Services, you agree to pay all applicable charges to your account, including any taxes, in accordance with the billing terms in effect at the time the charges are due, billed by Goodchilds Media. You agree to comply with any applicable terms of service or other legal agreements governing your use of the chosen payment processing method.
If you purchase Premium Services on a subscription basis, you acknowledge and agree that this constitutes a recurring payment, which will be charged using the payment method and at the intervals you selected, until your subscription is cancelled.
REFUNDS: Unless otherwise required by applicable law, all Premium Service purchases are final and non-refundable.
TRIAL SUBSCRIPTIONS: Some subscriptions may begin with a free trial period. These trial-based subscriptions are treated as active subscriptions and are subject to the same terms as regular subscriptions.
SUBSCRIPTION CANCELLATION: If you have an active subscription with a specified term, you are responsible for fulfilling all outstanding payment obligations before this agreement can be considered terminated. However, if your subscription is cancelled within the first 30 days, only one month will be billed, and the contract may be terminated with no further obligations. After 30 days, you acknowledge and accept the full terms of the subscription, including all ongoing payments agreed upon for the duration of the contract.
PAYMENT DISPUTES: Any dispute initiated through your payment provider after a successful payment is considered a breach of this agreement and may result in the immediate termination of your account. This includes the potential loss of access to the platform and deletion of all associated user data, including but not limited to photos, videos, customer data, and event data.
LATE PAYMENT TERMS: If a subscription payment fails, the system will automatically retry the payment for up to one week beyond the initial failure date. If the payment remains unsuccessful after this period, the subscription will be automatically cancelled. Cancelation may result in loss of access to the platform and deletion of all user-associated data, including photos, videos, customer information, and event data.
- General Provisions
- Governing Law: This Agreement is governed by the laws of England and Wales.
- Jurisdiction: Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties.
- Severability: If any part of this Agreement is held to be invalid, the remainder shall continue in effect.
- Force Majeure: Neither party shall be liable for delays caused by circumstances beyond their reasonable control.