TERMS OF USE

 

These Terms of Use were last updated on: February 2015.

 

1. Acceptance of Terms

 

These Terms of Use ("Terms") set forth the terms and conditions that apply to your use of bunnyfastpass.com, santasfastpass.com, dancefastpass.com, prepaysystems.com or any of our other websites (collectively, the "Site") and any other services or products and any related software applications (collectively, the "Service") offered and/or operated by Tamperproof ID Company, Inc.  ("TPID" or "we" or "our" or "us"). By visiting our Site or otherwise signing up for and/or using our Service, you agree that you have read, understand and agree to be legally bound by these Terms.

 

If you do not agree to these Terms, please do not use the Site or other Service.

 

TPID may, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Site or other Service, at its sole discretion. Your continued use or accessing of the Site or other Service following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

 

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site or other Service, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

 

2. Permitted Use

 

Our Site and Service are for your personal and non-commercial use, and is merely a scheduling and ordering service for photography sessions and related goods in connection with a mall or school experience. The site contains material that is derived in whole or in part from material supplied and owned by TPID and other authorized sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by TPID, you agree that you will not use the Site or other Service, or duplicate, download, publish, modify or otherwise distribute or use any material in the Site or other Service for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, "deep linking"), without TPID's prior written consent. Use of the Site or other Service or any materials or content on the Site or other Service for any commercial or other unauthorized purpose is prohibited.

 

3. Registration, Accounts and Passwords

 

If you establish a personal account with us, you agree to (1) provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify TPID of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Site or other Service. Access and use of password-protected and/or secure areas of the Site or other Service is restricted to users who have been given a valid password by TPID. We may terminate your membership and access to our Site and Service if we learn that you have provided us with false or misleading registration data.

 

You understand and acknowledge that you have no ownership rights in your TPID Account, and that if you cancel your TPID Account, all your account information from TPID, may be marked as deleted in TPID 's databases and may be removed from any public area of the TPID Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through TPID 's web servers. In addition, third parties may retain cached copies of your Information.

 

4. TPID Purchase Policy

 

TPID does not offer refunds or exchanges of passes purchased on the TPID Web site. However, our contracted photographers may, in their sole discretion choose to provide you with a refund. We want you to be 100% satisfied and happy with your purchase. If you are having any issues or have questions, please contact the contracted photographer listed in connection with the mall or school location where your pass is scheduled for. If you cannot attend your appointment time we strongly recommend that you contact the contracted photographer prior to your appointment window, as they generally may not issue refunds or provide exchanges after the scheduled window.

       

        TPID only provides your printed confirmation pass through this website. TPID does not mail any passes to your mailing address. Please remember to bring your pass with barcode to the mall or school location you selected. You must present it when you arrive at the location designated for your session.  Certain TPID partner photographers may require that you present the actual credit card used to purchase passes on TPID and the number printed on the card must match the number used for your transaction. Also, please be prepared to present your picture ID.

 

TPID is a scheduling service and coordinates the sale of passes on behalf of our photography and mall/school partners. TPID does not set prices, determine session availability times, or control session availability and inventory.

 

5. Privacy Policy

 

Personally Identifiable Information

 

Your use of the Site or other Service and any information provided by you or gathered by TPID or third parties during any visit to or use of the Site or other Service is governed by the TPID Privacy Policy which is incorporated by this reference. You agree to TPID's collection, use and sharing of your information as set forth in the TPID Privacy Policy http://www.santasfastpass.com/privacy-policy

 

6. User Conduct

 

It is a condition of your use of the Site or other Service that you do not:

You may not use any TPID Site in order to transmit, post, distribute, store or destroy material, including without limitation, TPID Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

 

You warrant and agree that, while using the TPID site and the various services and features offered on or through the TPID site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the TPID site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the TPID site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the TPID site or the services offered on or through the TPID site, including without limitation any information residing on any server or database connected to the TPID site or the services offered on or through the TPID site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the TPID site or the services made available on or through the TPID site in any manner with the intent to interrupt, damage, disable, overburden, or impair the TPID site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the TPID site or the TPID site's services or features in violation of TPID or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the TPID site, or any transaction via the TPID site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the TPID site or the TPID site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the TPID site or the TPID site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the TPID site in any manner that could damage, disable, overburden, or impair the TPID site or interfere with any other party's use and enjoyment of the TPID site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the TPID site.

 

7. Monitoring

 

TPID may, but has no obligation to, monitor the use of the Site or other Service by members. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the TPID's Privacy Policy. Furthermore, TPID reserves the right at all times to disclose any information posted on any portion of the Site or other Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in TPID's sole and absolute discretion are objectionable or in violation of these Terms.

 

8. Grant of Limited License

 

If you post any content to the Site or other Service, you hereby grant TPID and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to TPID the foregoing license without infringing or violating the rights of any third party.

 

9. Copyrights

 

Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to TPID, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Attn: Copyright Agent

Tamperproof ID Company, Inc.

6043 NW 167 St, A3 | Miami, FL 33015

305.822.6977

 

 

10. Proprietary Rights

 

TPID and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the TPID Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the TPID Products and Services. By entering into this Agreement or by using TPID, You will not acquire any intellectual property or similar rights in the TPID Products or Services other than a limited right to use the Products or Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TPID Products or services, the TPID Advertiser Program or related products and services; or (ii) use TPID's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without TPID's prior written consent.

 

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TPID is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of TPID.

 

 

11. Children's Online Privacy Protection Act Notification

 

TPID is not designed or intended for use by children under 13. If you are under 18, you should use TPID only with involvement of a parent or guardian.

 

Pursuant to 47 U.S.C. Section 230(d) as amended, TPID hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

 

12. Disclaimer of Warranties

 

While TPID uses reasonable efforts to include up to date information on the Site and other Service, TPID makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

 

TPID PROVIDES THE SITE AND OTHER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPID, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "TPID PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TPID DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR RISK.

 

13. Exclusion of Damages

 

NONE OF THE TPID PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE TPID PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, TPID WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD PARTY.

 

14. Limitation of Liability

 

IN NO EVENT WILL THE TPID PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO TPID IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.

 

15. Applicability of Disclaimers, Exclusions and Limits

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, TPID'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

 

16. Third Party Web Sites

 

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE OR OTHER SERVICE ARE NOT CONTROLLED BY TPID. ACCORDINGLY, TPID MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY TPID. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

 

17. Indemnification

 

You will indemnify and hold harmless the TPID Parties, and at TPID's option defend the TPID Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the TPID Parties arising out of your use of the Site or other Service or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the TPID Parties, TPID may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of TPID.

 

18. Legal Disputes

 

Pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Site or other Service, (ii) any purchases or other transactions or relationships with TPID, or (iii) any data or information you may provide to TPID or that TPID may gather in connection with such use, interaction or transaction (collectively, "TPID Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other Service, or engaging in any other TPID Transactions or Relationships with us, you agree to binding arbitration as provided below.

 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other Service, you agree that any complaint, dispute, or disagreement you may have against TPID, and any claim that TPID may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any TPID Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") in accordance with the Rules of the American Arbitration Association, in Miami Dade County Florida and the decision of a single English speaking arbitrator shall be final and binding. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

    TPID may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after TPID has given notice of such modifications and only on a prospective basis for claims arising from TPID Transactions and Relationships occurring after the effective date of such notification.

 

19. Termination

 

In its sole and absolute discretion, with or without notice to you, TPID may suspend or terminate your use of and access to the Site or other Service, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site or other Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site or Service with identical user identification, (ii) permitting another person or entity to use your user identification to access the Site or Service, (iii) any unauthorized access or use of the Site or Service, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site or Service, or (vi) failure to use the Site or Service on a regular basis.

 

20. General

 

The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Miami Dade County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by TPID must be made in writing and signed by an authorized representative of TPID specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, TPID's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.