Terms of Service

Last updated: December 11, 2024

Welcome to Confetti! These terms of service (the "Terms") govern your access to and use of our photo-sharing app, including any content, functionality, and services offered on or through the app (the "Service"). Please read the Terms carefully before you start using the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Community Guidelines, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms, Community Guidelines, and/or the Privacy Policy, you must not access or use the Service.

The Service is operated and provided by Confetti Social, Inc. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service, or updating the "Last Updated" date above. Your continued use of the Service after we have posted a modified version of these Terms indicates your agreement to be bound by the modified terms. If you do not agree to the modified terms, you must stop using the Service.

1. Eligibility

The Service is intended solely for users who are eighteen (18) years of age or older. Any access to or use of the Service by anyone under 18 is strictly prohibited. By accessing or using the Service, you represent and warrant that you are 18 or older.

2. Account Registration

In order to access certain features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with certain personal information, such as your name, phone number, email, university, and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and for any and all activity that occurs on your account. You must notify us immediately of any unauthorized use of your account. We will not be liable for any losses or damages resulting from your failure to protect your login information or for any unauthorized use of your account.

3. User Content

The Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are solely responsible for the Content that you post, link, store, share, or otherwise make available through the Service. You must not post, link, store, share, or otherwise make available any Content that:

  1. Infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

  2. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

  3. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  4. Contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We have the right, but not the obligation, to monitor, edit, or remove any Content that we determine in our sole discretion to be inappropriate or in violation of these Terms. You understand that you, and not Confetti, are responsible for all Content that you post, link, store, share, or otherwise make available through the Service.

4. Intellectual Property Rights

The Service and all content and materials included on or otherwise made available to you through the Service, including but not limited to text, graphics, logos, images, software, and the compilation thereof (collectively, the "Materials"), are the property of Confetti Social, Inc or its licensors and are protected by United States and international copyright and trademark laws. The Service and the Materials are intended for your personal, noncommercial use only. You may not use any content or materials on the Service for any commercial purpose without the express written consent of Confetti.

5. User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  1. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

  2. To impersonate or attempt to impersonate Confetti, a Confetti employee, another user, or any other person or entity;

  3. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Confetti or users of the Service or expose them to liability; or

  4. In any other manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

You may not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use the Service for any illegal or unauthorized purpose. If you violate any of these Terms, your permission to use the Service will automatically terminate.

6. Referrals

We reserve the right, in our sole discretion, to terminate or make changes to any in-app rewards system. This includes a rewards-based referral system that may or may not be implemented at varying time periods. These rewards, their values, and the methods through which they are able to be redeemed are subject to change and strictly available through methods determined at Confetti’s discretion.

7. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason, including without limitation if you breach any of the terms of these Terms. Upon termination of your access to the Service, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by contacting us at app@useconfetti.com.

8. Disclaimer of Warranties

The Service and the Materials are provided on an "as is" and "as available" basis. Confetti makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. To the full extent permissible by applicable law, Confetti Social, Inc disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Confetti Social, Inc will not be liable for any damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

9. Limitation of Liability

In no event shall Confetti Social, Inc be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any other damages of any kind, arising out of or in connection with the use or inability to use the Service, or any content or materials on the Service, even if Confetti Social, Inc has been advised of the possibility of such damages. This limitation of liability applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages, and damages for loss of use, data, or profits, or damages for any unauthorized access to or alteration of your transmissions or data.

10. Indemnification

You agree to indemnify and hold Confetti Social, Inc and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

11. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms or the Service shall be brought exclusively in the federal or state courts located in Palm Beach County, Florida and you irrevocably consent to the jurisdiction of such courts.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Palm Beach County, Florida.

13. Miscellaneous

These Terms constitute the entire agreement between you and Confetti and govern your use of the Service, superseding any prior agreements between you and Confetti (including, but not limited to, any prior versions of the Terms). You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Confetti Social, Inc services, affiliate services, or third-party content or services. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. The failure of Confetti to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Confetti shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Confetti's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14. Changes to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

15. Third Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Confetti Social, Inc. Confetti has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Confetti Social, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

16. Termination of Account

We reserve the right, in our sole discretion, to terminate or suspend your account and your access to the Service at any time, with or without notice, for any reason or no reason. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by contacting us at app@useconfetti.com.

17. Electronic Communications

By using the Service, you consent to receiving electronic communications from Confetti. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. These electronic communications are part of your relationship with Confetti and you receive them as part of the Service. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. Survival

The provisions of these Terms that, by their nature, should survive termination or expiration of these Terms shall survive and remain in full force and effect, including but not limited to the provisions relating to ownership, indemnification, and limitation of liability.

19. User Data

By using the Service, you acknowledge and agree that we may collect, use, and share your personal data in accordance with our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and sharing of your personal data.

20. Children's Privacy

The Service is not intended for individuals under the age of 14. We do not knowingly collect personal data from individuals under 14. If you are a parent or guardian and you believe that your child under 14 has provided personal data to us, please contact us at app@useconfetti.com so that we may delete the child's personal data from our records.

21. Changes to These Terms

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service, or updating the "Last Updated" date above. Your continued use of the Service after we have posted a modified version of these Terms indicates your agreement to be bound by the modified terms. If you do not agree to the modified terms, you must stop using the Service.

22. Waiver and Severability

The failure of Confetti to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.

23. Contact Us

If you have any questions about these Terms or the Service, please contact us at app@useconfetti.com.