Legal Documents

Term of use:

These terms govern your use of the PopVista photo service. Please read all of these terms carefully before using the PopVista photo service to purchase or otherwise obtain any PopVista product. These terms govern your use of our PopVista Photo Service to purchase or otherwise acquire PopVista products. BY USING THE POPVISTA PHOTO SERVICE,  YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

The PopVista photo service is owned and operated by POPVISTA, LLC, a California Limited Liability Company (“POPVISTA,” “we,” “us,” or “our”). References to “you”, “your” or “user”  refer to any person(s) who uses the PopVista photo service to purchase or otherwise acquire PopVista products. 

The PopVista photo service is comprised of self-service automated photo kiosks that generate 

photo content, including photo images, digital content, optional newspaper headlines, frames (“PopVista photo”) and/or an optional AI feature (“PopVista AI photo”). Features of both PopVista photos and PopVista AI photos are sometimes collectively referred to as “PopVista products” or “photo content”.

OTHER THAN POTENTIAL SMALL CLAIMS COURT ACTIONS, ANY DISPUTES BETWEEN YOU AND US ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISION (PARAGRAPH  7 BELOW) BECAUSE IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.  

1. This Terms of Use Agreement is a binding contract between you and us

1. Binding Contract: This Terms of Use Agreement (“Agreement” or “Terms”) is a binding contract between you and POPVISTA. Other than expressly stated below, there are no other third-party beneficiaries of this Agreement. 

1. You agree to be bound by this Agreement:  By using the PopVista photo service, you are representing to us that you have read, understood and expressly agree to be bound by all of the terms, conditions, and notices referenced or otherwise incorporated in this Agreement, regardless of whether you chose to access, browse or otherwise use or acquire a PopVista product. If you do not agree with all of the Terms set forth in this Agreement, you may not use any PopVista photo service or purchase any PopVista products.  

1. All under age 18 must have the consent of their parent or guardian to use PopVista photo service: As a parent or guardian using this  PopVista photo service either with or on behalf of a child/children under age 18, you represent and warrant that (1) you have full legal authority to consent on behalf of the child or children to be bound to this Agreement; (ii) you have read and understand this Agreement; and (iii) by using the PopVista photo service, you agree to the terms and conditions of this Agreement on your own behalf, and on behalf of anyone else using this PopVista service with you, including any individual under age 18.

1. Amendments and supplemental terms also apply: From time to time, we may publish additional terms of use that may restrict your use of the PopVista photo service or acquisition of any PopVista products.   If we make a material change to this Agreement, it shall be effective thirty (30) days following our posting of the amended or supplemental terms on our website at https://www.pop-vista.com/.  You are responsible for periodically reviewing our website for amendments and supplemental terms (collectively referred to as “additional terms”). Any additional terms are in addition to this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms will prevail over this Agreement. By continuing to use the PopVista photo service, you will be deemed to have agreed to and accepted all additional terms.  If you do not agree to any of the additional terms to this Agreement, you must discontinue using any PopVista Service and refrain from purchasing or otherwise acquiring any PopVista products. 

2. Only a limited license for a limited time is given to you by this Agreement

1. Your license is limited in scope: In exchange for the purchase price paid by you, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to use the specific PopVista products you purchase only for your personal, non-commercial use, only for as long as the PopVista products are made available to you by us, and only in accordance with this Agreement. 

1. Storage policy provides only limited photo content availability: Your license is limited in time to xxx days and you must claim the PopVista products before your license expires and all photo content and/or other PopVista products are permanently deleted.  

1. Expired PopVista products and content, including all photo images, will not be available for you to access after your limited license expires. The PopVista products you purchase, as well as any photo or digital images or photo content, will only be available to you for xxx days at which time, they, and all other photo content will be deleted from the system and no longer available. We do not offer options for permanent storing of any photo content, images or PopVista products.  

1. We are not responsible for missing, lost or damaged images, photo content or your PopVista products.

1. You cannot use PopVista products for commercial or financial gain: You are granted no right to reproduce, distribute, communicate to the public, make available to the public or to transform any PopVista product in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of an artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI tool”). You agree not to sell, transfer, or use any PopVista product for any commercial purpose. You agree that you will not use, nor allow anyone else to use any PopVista product for financial renumeration or any other consideration. You acknowledge and agree you have no rights or ownership interest of any kind with respect to any intellectual property owned by us, or any third party, displayed as part of any PopVista products, and that all such rights remain the property of their respective owners. 

1. You do not have the right to sell or assign any rights: No element of the PopVista products or the PopVista photo service may be used or exploited by you in any way other than as part of the authorized PopVista product(s) made available to you. We retain full ownership of the PopVista products, including intellectual property.  We do not transfer title to any portion of the hardware, applications, software, content, virtual items, AI prompts or other materials and/or PopVista photo services.

3. We use third party services or platforms

1. We use 3rd party vendors to provide us services and platforms to create your PopVista products: PopVista photo services and POPVISTA use third party vendors to create PopVista products, including Gemini Enterprise Agent Platform, Google Cloud Platform Services, Cloud Firestore and Nayax (collectively referred to as “third parties” or “third party” ). We do not control these third parties or their products. While these third parties are not parties to this Agreement, they are third-party beneficiaries of this Agreement. 

1. Your access to PopVista products is also subject to the terms, uses and privacy policies from these third party vendors: You represent to us that you have read and agree to the terms set forth in these third parties’ terms, uses and privacy policies.

4. Usage rules apply to you 

1. Mobile devices are required: An eligible mobile device is required to access and use the PopVista photo service. To access and use the Pop Vista photo service, you must grant us access to your mobile device’s camera and location. Do you need access to the photo library to store the images? 

1. Internet browser and system requirements:  You may need a high-speed Internet connection and /or minimum system and/or browser requirements to access the PopVista products.  You are required to review the minimum requirements necessary for use of our PopVista products. 

1. Mobile networks charges: When you access PopVista’s products through a mobile network, you may incur network, roaming charges, data or other added charges or fees from your provider.   

1. Your usage is personal and cannot be transferred or shared: PopVista products are intended solely for your use only. Downloading or unlocking PopVista products for the benefit of others is a violation of this Agreement and the limited license granted to you. Violation may result in removal of all of your images and photo content and termination of this Agreement and termination of any rights you may have under the limited license granted by this Agreement. We reserve the right in our sole discretion to conclude that you are in violation of this Agreement.   Usage patterns?

1. You must obtain consent for any others in your PopVista photo content:  PopVista products, including all images and digital content captured using the Pop Vista photo service, are only for your personal and individual use. If you allow any other individual to appear in a photo you capture using the PopVista photo service, you assume all responsibility for obtaining the consent of all other individuals who may appear in your photo products. You agree to read this Agreement and all of its terms to any such other individuals and obtain their consent before using this PopVista photo service, and you assume all responsibility for the use of this PopVista service for any photos or Pop Vista products that include other individuals.  

1. Using and accessing the PopVista photo service evidences your acknowledgement and consent to these and all other terms of this Agreement.

1. You must be 18 or older:  To use this PopVista photo service, you must be 18 or older unless express parental or guardian consent is obtained as described in Section 1C of this Agreement.  

1. It is your responsibility:  Make sure you follow all terms in this Agreement. You must consult our customer service resources promptly if you have any questions or problems with any PopVista product. For any questions or problems you may have, please contact our customer service at xxxxx.

5. Paid transactions terms apply 

1. Payments and billing:  You represent and warrant that when you provide payment information, it is accurate and that you are authorized to use the payment method provided.  

1. PopVista products and photo content: When you purchase a license to access digital content, including PopVista products, you will be given the option to consent to delivery or cancel the Agreement. By consenting to delivery, you acknowledge that you have given up the right to cancel. License purchase fees paid for digital content are non-refundable. 

1. Taxes, prices and payment: The prices on PopVista products do not include sales tax, if any. Prices are subject to change at any time prior to acceptance of your order and in case of a change we shall notify you and ask whether you wish to proceed. Payment for any PopVista products shall be made by credit card that will be processed by third-party Nayax.

1. Our return policy: Purchases of any PopVista products cannot be canceled or returned. Any purchase fee is nonrefundable. If you are not satisfied with the quality of any PopVista product you purchase you are required to let us know  (when/how xxxxxx) and in our discretion, we will either reprint the product at no cost to you or refund the original purchase price.  

6. Disclaimers, limits on liability and indemnification

1. No warranties apply:   PopVista products are provided “as is”, without any conditions, warranties and/or representations not expressly set out in these terms to the fullest extent allowed by law.

1. We are not responsible nor liable for the following:

   1. We have no responsibility for any delay or failure in performance for causes beyond our control or any damage other than those which result solely from a breach of our obligations under this Agreement. 

1. In no event shall our total liability to you for all damages, losses or causes of action exceed the purchase price paid to us by you for any PopVista product(s).

1. We are not liable to you for any incidental, indirect, special or consequential damages, including property damage or loss of profits, even if we were advised of the possibility of such damages. Nor are we liable for delay or failure in performance resulting from whole or in part from causes beyond our control. 

1. We are not liable for any business losses. We only supply PopVista products for your personal, noncommercial and domestic use. If you use the PopVista products for any other purpose, we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any similar loss.

1. We are not responsible for any loss of content or data that is due in whole or in part from your failure to comply with specified compatibility requirements, your equipment or devices, operating system failures, internet connection problems, or your failure to access and store your PopVista products or photo content within the time set forth in this Agreement. As described above in section 2(b), your photo image is only stored in our system for a limited time. It is your responsibility to access and store your PopVista products on your own devices before they are permanently erased from our system. 

1. We are not liable to you for any negligence or inadvertence which may occur. We are responsible only for any acts of gross negligence.

1. Limits on user generated images or PopVista products: The PopVista products allow you to submit images or other content (“user generated images”), which may be accessible and viewable by the public. You agree that your submission of any user generated images do not establish any relationship of trust or confidence between you and us. You agree that all user generated photo content is also subject to the following conditions:

1. You agree that you will not submit or upload user generated photo content that in our own subjective opinion we consider to be vulgar, obscene, graphic, defamatory, harassing, threatening, bigoted, hateful, violent, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such images are protected by law. Any such user generated photo content and/or images will not be returned to you in any format.

1. You represent and expressly warrant to us that all of your user generated photo content conform to this Agreement and that you own or have the necessary rights and permissions including all copyrights and likeness rights with respect to any person contained in the photo content. You also represent and expressly warrant that there is no need for payment to any person or entity to use and exploit your user generated photo content in any manner.

1. You agree to indemnify and hold us harmless from any claims and/or expenses we incur, including attorneys’ fees and costs, as a result of any legal action brought by any third party arising out of or resulting in whole or in part from your breach of this Agreement.  You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the user generated photo content, and agree to obtain the same agreement to waive and not to enforce from others who may possess such rights.  

7.Our right to monitor your user generated photo content and termination of this Agreement

Please see our Privacy Policy that details your privacy rights. While we're not required to do so, and without any prior notice to you, we may monitor, screen, remove, modify, store and review any of your user generated photocontent, including photos or digital images sent through the PopVista photo service or PopVista products , at any time and for any reason, including to ensure that you do not breach this Agreement. We reserve the right to terminate your order and/or terminate your access to any PopVista photo service and/or PopVista products and/or photo content without prior notice to you, if you violate this Agreement.

8. Binding Arbitration and Class Action WAIVER 

Neither you nor PopVista will seek to have any dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties (including but not limited to you and us) to the applicable arbitrations or proceedings.  If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all disputes, including actions of any kind, will be resolved in a court.

A. Small Claims Court: Subject to applicable jurisdictional requirements, you or we may elect to pursue a dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

B. Informal Dispute Resolution: In the event of a dispute, you and PopVista agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the dispute informally. Except for those disputes eligible to be resolved in small claims court or relating to the ownership or enforcement of intellectual property rights, the claiming party must send to the other party a notice of a dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of your (or any other party’s) individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a dispute to PopVista at   address , Attention: Legal. We will send any notice of a dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your account. You and PopVista will attempt to resolve any dispute through informal negotiation within sixty (60) days beginning from the date the notice of a dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you agree that you will also need to individually participate and be present for the Conference. PopVista will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

C. Arbitration Process and Rules: If you and PopVista do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in Los Angeles, California. However, if you can demonstrate that arbitration in Los Angeles would create an undue burden to you, the arbitrator may hold a web conference via either Zoom or Microsoft Teams. You and  PopVista agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on any award entered by the arbitrator. The arbitrator may award damages to any party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.

D. Fees: If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.

E. Settlement Offers and Offers of Judgment: At least ten (10) calendar days before the date set for an arbitration hearing with respect to any dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.

F. Arbitration Agreement Survival: This arbitration agreement will survive the termination of your relationship with PopVista, including any revocation of consent or other action by you to end your engagement with or use of any PopVista Products or any communication with us.

G. Opt-out. This arbitration agreement is effective immediately upon you receiving notice of this Agreement. You may opt out of this arbitration agreement via U.S. certified mail, with a tracking return receipt requested. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate all disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your PopVista account (if you have one), your phone number and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to us at address. Opt-out notices submitted via email or regular (versus certified mail) will not be effective.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

9. Additional provisions also apply to this Agreement 

A. Choice of Forum: You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Los Angeles, California, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

B. Choice of Law: This Agreement is governed by and construed in accordance with the laws of the State of  California and the laws of the United States, without giving effect to any conflict of law principles.

C. Severability:  If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

D. Survival: The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and all provisions regarding dispute resolution.

E. Waiver: No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.