Terms of Service

1. Agreement to Terms

By accessing or using Festa (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2. Description of Service

Festa is an event-based photo sharing and chat platform that allows users to upload, share, and view photos within event groups, and communicate with other event participants.

3. Eligibility

You must be at least 18 years old to use Festa. By using the Service, you represent that you meet this age requirement.

4. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

5. User Content

5.1 Ownership

You retain all intellectual property rights in and to any content you upload, post, or share through the Service (“User Content”), including photos, messages, and other materials.

5.2 License Grant

By uploading User Content to Festa, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, store, and back up your content
• Reproduce and display your content to provide the Service (including sharing with event participants)
• Create thumbnails, previews, and optimized versions for display purposes
• Use your content as necessary to comply with legal obligations

This license exists solely for the purpose of operating, maintaining, and improving the Service. It continues until you delete the content or your account, after which we will cease making it available within a reasonable time, subject to backup retention periods.

5.3 Responsibility for User Content

You represent and warrant that you own or have the necessary rights to upload your User Content and that it does not violate any third party’s rights, including intellectual property rights and privacy rights. You are solely responsible for your User Content.

5.4 Content Shared Within Events

When you share photos or messages within an event on Festa, other participants in that event can view, download, and save that content. You acknowledge that once content is shared with event participants, we cannot control how they may use it outside the Service.

6. Acceptable Use

6.1 Prohibited Content

You may not upload, share, or transmit content that:

• Violates any applicable law or regulation
• Depicts or promotes the sexual exploitation of minors (CSAM)
• Contains non-consensual intimate images
• Targets individuals with threats, harassment, intimidation, or sustained unwanted contact
• Promotes violence or hatred against individuals or groups based on protected characteristics
• Glorifies or incites real-world violence
• Promotes, supports, or recruits for terrorist organizations
• Impersonates others or facilitates fraud or scams
• Contains malware, viruses, or other harmful code
• Promotes the sale of illegal drugs, weapons, or other regulated items

6.2 Prohibited Behavior

You may not:

• Send bulk unsolicited messages or invitations
• Use bots, crawlers, scrapers, or other automated tools without our written permission
• Probe, scan, or test vulnerabilities of the Service, or circumvent security measures
• Collect or store personal information of other users without their consent
• Intentionally overload, disrupt, or degrade the performance of the Service
• Create multiple accounts to evade bans or deceive others
• Attempt to bypass content moderation, rate limits, or access controls

6.3 Event-Specific Rules

• Respect the privacy of other event participants
• Do not share event access links or codes publicly without the event organizer’s permission
• Do not upload photos from private events to public platforms without consent from those depicted
• Event organizers are responsible for setting appropriate access controls for their events

6.4 Reporting and Enforcement

If you encounter content or behavior that violates this policy, contact us at abuse@festa.film.

We may take action including content removal, account suspension, permanent termination, or reporting to law enforcement. We reserve the right to act at our sole discretion. If you believe action was taken in error, you may appeal by contacting support@festa.film within 30 days.

7. Intellectual Property

The Service, including its design, features, and original content (excluding User Content), is owned by Festa and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our prior written consent.

8. Copyright and DMCA

8.1 Repeat Infringer Policy

Festa maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright.

8.2 Filing a Takedown Notice

If you believe that content on Festa infringes your copyright, you may submit a takedown notice to dmca@festa.film containing:

• Identification of the copyrighted work you claim has been infringed
• Identification of the infringing material on Festa, with sufficient information for us to locate it
• Your contact information (name, address, telephone number, and email)
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

8.3 Counter-Notification

If you believe your content was removed in error, you may file a counter-notification to dmca@festa.film containing:

• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, and telephone number
• A statement that you consent to the jurisdiction of the federal court in the District of New Jersey (or your judicial district if you are in the US), and that you will accept service of process from the person who filed the original takedown notice
• Your physical or electronic signature

8.4 Process

Upon receiving a valid takedown notice:

• We will remove or disable access to the allegedly infringing content within a reasonable timeframe
• We will notify the user who posted the content
• If we receive a valid counter-notification, we will forward it to the original complainant and restore the content within 10-14 business days unless the complainant files a court action

Festa reserves the right to remove any content at its discretion if we have reason to believe it infringes on the rights of others. Misrepresentation in a takedown notice or counter-notification may result in liability for damages under Section 512(f) of the DMCA.

9. Third-Party Services

Festa may integrate with third-party services (such as authentication providers or payment processors). Your use of such services is subject to their respective terms and policies. We are not responsible for any third-party services.

10. Payments

If you purchase a paid plan or feature, you agree to pay all applicable fees. All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. Prices are subject to change.

11. Termination

11.1 By You

You may request deletion of your account at any time by contacting us at support@festa.film. Upon receiving a verified deletion request, your User Content will be removed from the Service and permanently deleted from our systems within 30 days.

11.2 By Us

We may suspend or terminate your account at any time if:

• You materially or repeatedly breach these Terms
• We are required to do so by law or legal order
• Your conduct causes harm or liability to other users or to Festa

Where reasonably possible, we will provide advance notice and an opportunity to export your data before termination.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant the accuracy or completeness of any User Content.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FESTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FESTA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

14. Indemnification

You agree to indemnify and hold harmless Festa, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules, except that either party may seek injunctive relief in court for intellectual property matters. You agree to resolve disputes on an individual basis and waive any right to participate in a class action.

16. Changes to Terms

We may update these Terms at any time. Changes take effect when posted. The “Last Updated” date at the top indicates the most recent revision. Your continued use of the Service constitutes acceptance of the revised Terms.

17. General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Entire Agreement: These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Festa.
• Assignment: We may assign our rights under these Terms. You may not assign your rights without our written consent.

18. Contact

If you have questions about these Terms, contact us at: support@festa.film