These Terms and Conditions (“Terms”) govern your (the “Customer” or “You”) access to and use of any and all Voast, LLC (“Voast” or “We”) services and products (the "Platform") including the online video kiosk, booking website, the physical video kiosk rental, and any other products provided by Voast. By accessing or using the Platform, the Customer agrees to be bound by these Terms. These Terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Use of the Platform

• Your use of this Platform constitutes a representation that you are either: (i) of legal age in your state or province of residence, or (ii) of legal age and have obtained the express consent of a parent or guardian for any minor dependent to use the Site. and have the legal capacity to enter into contracts to use the Platform.

• You are solely responsible for all activity that occurs under your account.

• You agree to use the Platform for lawful purposes only and in accordance with these Terms.

• You agree not to use the Platform to:

• Collect or transmit any unlawful, threatening, abusive, defamatory, obscene, infringing, or otherwise objectionable material.

• Interfere with or disrupt the Platform or servers or networks connected to the Platform.

• Use the Platform in a manner that violates any applicable law or regulation.

• Voast reserves the right to withdraw, modify, or discontinue, in whole or in part, the Platform (including any content) in our sole discretion at any time without prior notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

• To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

• If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. 

Booking Services

• Voast reserves the right to limit or refuse service or access to the Platform to anyone at any time for any reason.

• The availability and pricing for Voast products and services is subject to change and may occur at any time without notice.

• The Customer is responsible for reviewing and agreeing to Voast’s terms of service before booking any services.

• Voast reserves the right to limit or cancel orders that appear to be for resale purposes. This website is intended for end-user purchases only.

• Any submission of personal information through any of our Platform is governed by our Privacy Policy.

Payment

• You agree to pay all fees associated with your bookings in accordance with Voast's pricing and payment terms.

• We may use a third-party payment processor to facilitate your transactions. Information shared with third party processors can be found in our Privacy Policy. 

Cancellations and Refunds

• In the event that the Customer wishes to cancel a Voast rental, a 50% refund will only be offered if the event is canceled more than 3 months before the event date. 

• If the cancellation is requested less than 3 months before the event date no refund will be available. However, a rental credit will be offered, valid for up to 1 year from the original event date.

User Content

• Ownership of all video clips ("User Content") collected via the physical kiosk or virtual recording website, or submitted directly to Voast is retained by the customer.

• You are solely responsible for your User Content and represent that you have the necessary rights to grant Voast the licenses described above.

Voast Media Usage Policy

• You may opt-in to the Voast Media Usage Policy (“VMUP”) during booking checkout. However you can opt-out of the VMUP at any time by sending an email request to the email below. We will promptly remove your video clips from any promotional materials and discontinue their use for this purpose.

• If opted-in, you grant, in the form of a license, to Voast, to take, use, and edit photographs, videos, and/or digital images (“Images”) of yourself for use in the Platform as part of the VMUP. You understand that these materials might include printed or electronic publications, images on web sites, and other online communications. You further understand that your name and identity will not be revealed in descriptive text or commentary in connection with the Images. You authorize the use of these Images without compensation to yourself.

• By granting permission to the VMUP, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your User Content for Voast promotional purposes. Participation in the Voast Marketing Program is entirely optional and will not affect your ability to use the Platform.

Rental use

• Customer shall use all property in a careful, lawful, and proper manner. Customer shall comply with all applicable laws and regulations, and shall return the property in the same condition and good repair as when received. Customer hereby assumes all risk of loss and damage to the property from any cause whatsoever.

• Responsibility of the rental(s) remains with the customer from the time of receipt until the time of return. 

• Customer agrees to keep rental(s) protected from weather (rain or excessive heat/cold) at all times and secured when not in use.

Rental return

• All rental items must be delivered to a credentialed representative of the designated mail carrier by the first Monday after the selected event duration.  Any deviation from this schedule must be pre-approved in writing from Voast. 

• The customer will have extended rental charges of $275 assessed for each day rental items are late.  Payment of the extended rental charges will be required prior to release of all collected User Content. If equipment is not returned within this time period such failure shall constitute an unauthorized taking and Voast may consider such equipment stolen and take all steps necessary to recover said equipment, including reporting to the local law enforcement and charging the customer at cost price to replace the rental items.

• Voast will provide the rental items in good working order. In the event a rental item is returned to Voast in a broken or damaged condition, the costs to repair the damage will be required from the customer prior to release of event footage. 

Disclaimer

• Customer acknowledges that the rental item is of a size, design, and capacity selected by customer,

• Voast disclaims all warranties express or implied with respect to the rental property, including any express or implied warranties as to condition, fitness for a particular purpose or durability. 

• The Voast platform is provided "as is" and we make no warranties regarding the uninterrupted or error-free operation of third-party technology components used in conjunction with video kiosk services. This disclaimer applies to, but is not limited to, internet connectivity, kiosk hardware, and kiosk software. We are not liable for malfunctions or disruptions arising from these external components.

• You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

• Customer acknowledges that Voast’s inventory items are one-of-a-kind items. Voast shall not be liable in the event an inventory is no longer available due to unforeseen circumstances. If this ever is the case, full refunds shall be provided to the customer.

Limitation of Liability

• Voast will not liable for any damages arising out of or related to the Customer’s use of the Platform, including, but not limited to, direct, indirect, incidental, consequential, or punitive damage and damages arising from any third party claims, demand, proceedings, or actions that are the result of the Customer’s willful misconduct, gross negligence, or material breach of Voast’s terms.  In no event shall Customer aggregate liability arising out of or relating to Customers use of the Platform exceeding the total fees payable Customer.

• Customer indemnifies Voast against any claim, action, damages, and liability, including attorneys’ fees, arising or connected with customer’s use of the Platform and possession or use of the rental property.

Termination

• Voast, in its sole discretion, may terminate your access to the Platform at any time and for any or no reason, with or without notice.

• Voast has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without notice.

Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions.

• Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in King County, Washington.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes to the Terms

• We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Platform.

Waiver and Severability

• No waiver of by Voast of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Voast to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

• If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact Us

• If you have any questions about these Terms, please contact us by email at Hello@raiseavoast.com