Last Updated: Nov. 12th, 2021
At MixerBox PhotoJoy (“MB PhotoJoy”), you can manage your photos with full confidence of your privacy and security. For details on our Privacy Policy and Terms of Services, please refer to the documentation below.
User Provided Information:
Permission:
We use the 'WRITE_EXTERNAL_STORAGE' permission to provide the service of accessing, editing, or removing photos and videos from the users' device.
Sharing of Information:
We collaborate with third parties to personalize your experience with the Service and to facilitate the delivery of the applicable MB PhotoJoy Offerings to you. These third-party services are also obliged to protect your personal data as indicated in their Privacy Policies.
Cases where we may be required to share your data:
Updates: This privacy policy may be periodically updated to relay important changes to our services. By continuing to use our services, you hereby also agree to have accepted all updated privacy policies.
Contact Us: If you have questions about MB PhotoJoy’s Privacy Policy please contact us at mbsupport.photo@mixerbox.com.
MixerBox PhotoJoy (“MB PhotoJoy”) provides photo management services to users worldwide. By installing and using our apps, you hereby agree to our Terms of Service (“Terms”). Our Services provides end-user members (“Members”) with: (a) access to certain text, images, video, audio and other content and information related to MB PhotoJoy Offerings and (b) means to register as a member.
This MB PhotoJoy End-User License Agreement (“EULA”) is inclusive of the MixerBox PhotoJoy Mobile Service Privacy Policy (“Privacy Policy”) and any other applicable MB PhotoJoy operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, and together with this EULA, the “Agreement”). For purposes of the Agreement, Members and Visitors shall be referred to, collectively, as “End-Users.” By using and/or accessing the MB PhotoJoy Offerings, End-Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF AN END-USER DOES NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT END-USER IS NOT AUTHORIZED TO USE THE MB PHOTOJOY OFFERINGS IN ANY MANNER OR FORM. THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”). Android® and Google Play® are registered trademarks of Google, Inc. (“Google”). Apple Store® is a registered trademark of Apple Inc. (“Apple”). Please be advised that MB PhotoJoy is not in any way affiliated with Apple or Google, and MB PhotoJoy Offerings are not endorsed, administered or sponsored by Apple or Google.1. Scope; Modification of Agreement: The Agreement constitutes the entire and only agreement between End-Users and MB PhotoJoy with respect to End-Users’ use of the MB PhotoJoy Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to our End-Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted by and through the Service, and End-Users should review the Agreement prior to using any MB PhotoJoy Offerings. With the continued use of the MB PhotoJoy Offerings, the End-User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Necessary Equipment; Wireless Charges: The MB PhotoJoy Offerings are not intended for use by: (a) individuals who are unable to enter into legally binding contracts under applicable law; and/or (b) individuals under thirteen (13) years of age (or the applicable age of majority, if greater than thirteen (13) years of age). If you are under thirteen (13) years of age (or the applicable age of majority if greater than thirteen (13) years of age) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the MB PhotoJoy Offerings.
End-Users shall be responsible, at all times, for ensuring that they have a Mobile Device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Service and other MB PhotoJoy Offerings. MB PhotoJoy does not guarantee that the Service and associated MB PhotoJoy Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; and/or (iii) in all geographical areas. MB PhotoJoy does not guarantee the quality, speed or availability of your Mobile Device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Service and associated MB PhotoJoy Offerings. You are fully responsible for all such charges, and MB PhotoJoy has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.3. Installation/Uninstall of the App:
Installation: MB PrivaChat has made commercially reasonable efforts to provide End-Users with clear, concise and complete disclosure before End-Users download/install the App or access/use the MB PrivaChat Offerings, including a description of the primary functions of the App. The App requires End-User consent prior to installation. Uninstall: The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. THE APP IS NOT A SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE.4. The MB PhotoJoy Offerings; Legal Compliance:
(a) Compliance with Applicable Law: By accessing and using the MB PhotoJoy Offerings, each End-User agrees to use the MB PhotoJoy Offerings in accordance with all applicable MB PhotoJoy guidelines, as well as all applicable local, state, national, federal and international laws (collectively, “Applicable Law”). (b) App Download Venues: The Agreement is entered into between you and MB PhotoJoy, and not with the applicable Download Venue that you use to access the App. As between MB PhotoJoy and any participating Download Venue, MB PhotoJoy is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites. Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions. MB PhotoJoy does not control the Download Venues or any of the actions, policies or decisions made by the operators of those stores. If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (i) on an Apple®-branded product or device that runs iOS (Apple’s® proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple® Store Terms of Service, as applicable. Basic Functionality. For purposes of the Agreement, the term “App” includes all MB PhotoJoy and third-party software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the App’s functionality. The App enables End-Users to utilize the Platform and API by and through their Mobile Devices. Each End-User acknowledges and agrees that access to, and the functionality of, the App may be interrupted and limited, and may not be error free. Each End-User understands and agrees that MB PhotoJoy shall not be liable to any End-User or third-party for any claim in connection with such End-User’s use of, or inability to use, the App. Updates/Bug Fixes. MB PhotoJoy reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within this EULA, from time to time. MB PhotoJoy may require the updating of the App residing on an End-User’s Mobile Device when MB PhotoJoy releases a new version of the App, or when MB PhotoJoy makes new features available. This update may occur automatically or upon prior notice to the End-User and may occur all at once or over multiple sessions, in MB PhotoJoy’s sole and absolute discretion. Each End-User understands that we may require that End-User’s review and acceptance of our then-current Agreement before that End-User will be permitted to use any subsequent versions of the App. Each End-User acknowledges and agrees that MB PhotoJoy has no obligation to make any subsequent versions of the App available to that End-User, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.Third-party Software. ANY THIRD-PARTY SOFTWARE, WEBSITES, LINKS, APPS, CONTENT, PLUG-INS, AND OTHER SIMILAR SERVICES THAT MAY BE PROVIDED, INTERACTED OR ACCESSED WITHIN THE APP ARE MADE AVAILABLE FOR USE AT EACH END-USER’S SOLE OPTION AND RISK. IF AN END-USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. MB PHOTOJOY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY END-USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.
License Grant/Termination. Subject to the terms and conditions of the Agreement, MB PhotoJoy hereby grants to each End-User a personal, non-exclusive, non-transferable, revocable and limited license to access and use the App on Mobile Devices, where such Mobile Devices are owned or leased by such End-User. MB PhotoJoy may terminate the license set forth in this Section 5(b) and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. The license set forth in this Section 5(b) shall be in effect unless and until this license is terminated by MB PhotoJoy. In addition, this license will terminate immediately with respect to an End-User if that End-User fails to comply with any term or condition of the Agreement. Each End-User agrees upon expiration or termination of this license to immediately uninstall the App. License/Usage Restrictions. THE APP IS LICENSED TO END-USERS, NOT SOLD. END-USERS MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF THEIR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE APP OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE APP IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF MB PHOTOJOY, WHICH CONSENT SHALL BE AT MB PHOTOJOY’S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. END-USERS MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE APP OR OTHERWISE ATTEMPT TO: (i) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE APP INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE APP; OR (ii) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE APP. END-USERS SHALL NOT USE THE APP TO DEVELOP ANY PRODUCT AND/OR SERVICE THAT HAS THE SAME OR ANY SIMILAR FUNCTION AS THE APP OR OTHER MB PHOTOJOY OFFERINGS. Export Restrictions. Each End-User agrees that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and/or regulations. General Disclaimers.ALL DETERMINATIONS OF MB PHOTOJOY WITH RESPECT TO THE MB PHOTOJOY OFFERINGS WILL BE MADE IN MB PHOTOJOY’S SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU. YOU UNDERSTAND AND AGREE THAT MB PHOTOJOY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO ACCESS/USE MB PHOTOJOY OFFERINGS. MB PHOTOJOY IS NOT RESPONSIBLE FOR ATTEMPTED ACCESS/USE THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE, AT ANY TIME, TO THE MB PHOTOJOY OFFERINGS.
5. Representations and Warranties: Each End-User hereby represents and warrants to MB PhotoJoy as follows: (a) the Agreement constitutes such End-User’s legal, valid and binding obligation which is fully enforceable against such End-User in accordance with its terms; (b) such End-User understands and agrees that such End-User has independently evaluated the desirability of utilizing the MB PhotoJoy Offerings and that such End-User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) such End-User’s performance under the Agreement and such End-User’s use of the MB PhotoJoy Offerings will not: (i) violate any Applicable Law; and/or (ii) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
6. Indemnification: Each End-User agrees to indemnify, defend and hold MB PhotoJoy, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, contractors, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) End-User’s breach of the Agreement and/or any representation or warranty contained herein; (b) any allegation that End-User has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third-party; and/or (c) End-User’s unauthorized and/or improper use of the MB PhotoJoy Offerings.
7. License Grant: Each End-User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the MB PhotoJoy Offerings. MB PhotoJoy may terminate this license at any time for any reason. Unless otherwise expressly authorized by MB PhotoJoy in writing in each instance, End-Users may only use the MB PhotoJoy Offerings for their own personal, non-commercial use. No part of the MB PhotoJoy Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No End-User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the MB PhotoJoy Offerings except as expressly permitted by MB PhotoJoy. No End-User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the MB PhotoJoy Offerings, or any portion thereof. No End-User or other third-party may create any “derivative works” by altering any aspect of the MB PhotoJoy Offerings. No End-User or other third-party may use the MB PhotoJoy Offerings in conjunction with any other third-party content. No End-User or other third-party may exploit any aspect of the MB PhotoJoy Offerings for any commercial purposes not expressly permitted by MB PhotoJoy. Each End-User further agrees to indemnify and hold MB PhotoJoy harmless for that End-User’s failure to comply with this Section 8. MB PhotoJoy reserves any rights not explicitly granted in the Agreement.
8. Proprietary Rights:The MB PhotoJoy Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other related matters, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any End-User or other third-party of any part of the MB PhotoJoy Offerings is strictly prohibited. No End-User or other third-party can acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the MB PhotoJoy Offerings. The posting of information or material by and through the MB PhotoJoy Offerings does not constitute a waiver of any right in or to such information and/or materials. The “MB PhotoJoy” name and logo are trademarks of MB PhotoJoy. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
9. Legal Warning:Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the MB PhotoJoy Offerings is a violation of criminal and civil law and MB PhotoJoy will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
10. Disclaimer of Warranties: THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO END-USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MB PHOTOJOY MAKES NO WARRANTY THAT THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY END-USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY ECONOMIC BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MB PHOTOJOY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE CONNECTION ASSOCIATED WITH THE MB PHOTOJOY OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY END-USER FROM MB PHOTOJOY OR OTHERWISE THROUGH OR FROM THE MB PhotoJoy OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability:EACH END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT MB PHOTOJOY SHALL NOT BE LIABLE TO THAT END-USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MB PHOTOJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE APP, THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MB PHOTOJOY OFFERINGS; (C) ANY DISPUTE BETWEEN ANY END-USERS AND/OR THIRD PARTIES; (D) ANY MATTER RELATING TO ANY END-USER CONTENT, PERKS AND/OR CAMPAIGNS; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY END-USER’S REGISTRATION DATA; (F) END-USER’S FAILURE TO REALIZE ANY ECONOMIC BENEFIT; AND (G) ANY OTHER MATTER RELATING TO THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH END-USER HEREBY RELEASES MB PHOTOJOY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE MB PHOTOJOY OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY END-USER OR MB PHOTOJOY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH END-USER AND MB PHOTOJOY. ACCESS TO THE MB PHOTOJOY OFFERINGS WOULD NOT BE PROVIDED TO ANY END-USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MB PHOTOJOY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.12. No Access to Emergency Services: End-Users must understand that MB PhotoJoy Service and Offerings do not include the access to emergency services such as the police, hospital, fire department, or any other public health and safety organizations. End-Users shall not rely on MB PhotoJoy Services to reach out to such emergency services, but instead utilize mobile service providers, local landline or similar services to reach out for emergency safety and health relief.
13. Registration Data and other End-User Information: All material submitted by End-Users through or in association with the MB PhotoJoy Offerings including, without limitation, the Registration Data, shall be subject to our Privacy Policy.
14. Dispute Resolution Provisions: The Agreement shall be treated as though it were executed and performed in Palo Alto, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the MB PhotoJoy Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) each End-User agrees to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide petitioning End-Users with a final written settlement offer after receiving such End-User’s Initial Dispute Notice (“Final Settlement Offer”). If we provide a petitioning End-User with a Final Settlement Offer and that End-User does not accept it, or we cannot otherwise satisfactorily resolve that End-User’s dispute and that End-User wishes to proceed, that End-User must submit its dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in that End-User’s county of residence, by filing a separate Demand for Arbitration. If the arbitrator awards an End-User relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if that End-User retained an attorney to represent it in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that such End-User’s attorney accrued for investigating, preparing and pursuing the claim in arbitration.
Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from any End-User unless the arbitrator determines that such End-User’s claim was frivolous. To the extent permitted by law, each End-User agrees to not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that it may have against MB PhotoJoy and/or its employees, officers, directors, members, representatives and/or assigns. Each End-User agrees to the entry of injunctive relief to stop such a lawsuit or to remove it as a participant in the suit. Each End-User agrees to pay the attorney’s fees and court costs that MB PhotoJoy incurs in seeking such relief. This provision preventing End-Users from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any End-User’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. Any End-User may opt-out of these dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date that it first accesses the Service.15. Miscellaneous: To the extent that anything in or associated with the MB PhotoJoy Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. MB PhotoJoy’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. MB PhotoJoy may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16. Contact Us: If any End-User has any questions about the Agreement, MB PhotoJoy Offerings or the practices of MB PhotoJoy, that End-User can email us as at: mbsupport.photo@mixerbox.com
MB PhotoJoy is a registered application authorized and operated by the company MixerBox.