WELCOME TO PHOTOALBUM.COM!

PhotoAlbum Inc. and its related companies (collectively referred to as "PhotoAlbum", "we" or "our") create and operate Web sites, including PhotoAlbum.com, that generate content from text and images that may at times be supplied by our users ("Clients") so that you can post and embed your own content (such as comments and photos) to the interactive content and then produce and purchase your own personalized products (such as books) (collectively "Products and Services").

In this User Agreement, "user", "you" or "your" means any person or entity using the Products and Services. Your use of our Products and Services is subject to the terms and conditions of this Agreement. Please read them carefully. We may amend the User Agreement and our policies from time to time and they will become effective 30 days after PhotoAlbum posts the changes on the PhotoAlbum Web sites. This User Agreement may not be otherwise amended except in a written agreement signed by you and PhotoAlbum. The PhotoAlbum Web sites are governed by other policies, guidelines or rules which may be posted from time to time and are hereby incorporated by reference into the User Agreement. Please note: underlined words and phrases are links to these pages. If you wish to use the Products and Services, you will need to accept these conditions. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be able to use our Products and Services.

REGISTRATION, YOUR ACCOUNT, PASSWORD AND SECURITY

Registration to PhotoAlbum.com is free. To purchase or register on any of the PhotoAlbum Web sites, you must be 18 years or older. If you, as a legal guardian to a child, allow access to the PhotoAlbum Web sites, it is your responsibility to determine whether any of the Products and Services and/or Content (as defined below) are appropriate for your child.

You agree that you are a person who can form a legally binding contract and that the information that you provide about yourself at registration and at check out ("Your Information") is true, accurate, current and complete. You also agree to maintain and promptly update Your Information, especially your email address, since that is the primary way in which we communicate with you about your account and your orders. We cannot guarantee any User's identity given the difficulty of online user verification.

By registering with PhotoAlbum, you will be able to use the same account ID and password to access all the PhotoAlbum Web sites, other than privately-hosted Web sites to which you have not been invited by the host. You will also be able to access your account Your Information from "My Account" on any of the PhotoAlbum sites to which you have access. The scope of the Products and Services may vary from one PhotoAlbum Web site to another.

Your account is available solely for personal, non-commercial use.

You are responsible for maintaining the confidentiality of your Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to notify PhotoAlbum of any unauthorized use of your account or password.

You acknowledge, consent and agree that PhotoAlbum may access, preserve, and disclose your account information and Content, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PhotoAlbum, its users and the public.

MEMBER CONDUCT

You understand that you, and not PhotoAlbum, are solely responsible for all information, comments, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), that you upload and post onto the PhotoAlbum Web sites. PhotoAlbum does not control the Content posted on our Web sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will PhotoAlbum be liable in any way for any Content, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted on our Web sites.

You agree to not use the PhotoAlbum Web sites and Products and Services to:

  • 0. upload, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • 1. harm minors in any way;
  • 2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • 3. manipulate identifiers in order to disguise the origin of any Content available through the Products and Services or posted on our Web sites;
  • 4. upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any person or entity;
  • 5. upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • 6. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
  • 7. upload, post or otherwise make available any material that 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 equipment;
  • 8. disrupt the normal flow of Products and Services or otherwise act in a manner that negatively affects other users' ability to engage in real time use of the Products and Services on our Web sites;
  • 9. interfere with or disrupt the Products and Services or servers or networks connected to the Web sites, or disobey any requirements, procedures, policies or regulations of affiliate or networks connected to the Web sites;
  • 10. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
  • 11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • 12. "stalk" or otherwise harass another;
  • 13. or collect or store personal data about other users.

CONTENT MANAGEMENT

You acknowledge that PhotoAlbum does not and cannot review all Content uploaded on any of the PhotoAlbum Web sites and is therefore not responsible for the substance of such Content. Notwithstanding the foregoing, PhotoAlbum and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, reject, or move any Content that is posted onto our Web sites that violates this User Agreement or is otherwise objectionable (including any Content linked to and/or associated with the objectionable Content) or to correct any errors or omissions in any Content posted on our Web sites.

The Web sites that PhotoAlbum creates for our affiliates will not remain live indefinitely. PhotoAlbum reserves the right to close any PhotoAlbum communities, book making spaces or other environments ("Spaces") with notice to registrants who have posted Content to such Spaces.

You may post your Content on public and/or private Spaces of PhotoAlbum Web sites, as well as create one or more private Spaces in which you can share your Content with invited guests ("Private Community"). If you are an invited guest, you have the ability to post Content to a Private Community and to order your own personalized Products from Content posted within that Private Community, but you will not be able to invite others to a Private Community that you have been invited to. Only a host can invite others to join. Any Content posted within a Private Community cannot be transferred to any other public and/or private environment, including other Private Communities. If you create and host a Private Community, you control who has access to that Private Community and how long that Private Community exists. PhotoAlbum reserves the right to close any PhotoAlbum Web sites, including all Private Communities on such Web sites, with notice to registrants who have posted content to such Web sites. PhotoAlbum reserves the right to shut down any Space in which there has not been any activity, such as posting, editing, invitations, etc., for one year.

PHOTOALBUM'S PROPRIETARY RIGHTS

You acknowledge and agree that the Products and Services and any necessary software used in connection with the Products and Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property (copyright, trademark, patent, etc.) and other proprietary rights and laws. PhotoAlbum's proprietary rights are outlined in greater detail below. Except as expressly authorized by PhotoAlbum you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services or the Software, in whole or in part.

COPYRIGHT

All Content, excluding user posted content, located on our Web sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of PhotoAlbum or its content suppliers and is protected by United States and international copyright laws. The arrangement and compilation of all content on our Web sites is the exclusive property of PhotoAlbum and protected by U.S. and international copyright laws. All software used on our Web sites is the property of PhotoAlbum or its software suppliers and protected by United States and international copyright laws. Content that you post on our Web sites shall remain your property and you shall retain the copyrights that you originally owned to such content.

COPYRIGHT COMPLAINTS

PhotoAlbum respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PhotoAlbum with the written notice that includes all of the information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your name, address, telephone number, and e-mail address;
  • 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;
  • 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 behalf of the copyright owner.

Please send this information to PhotoAlbum's Copyright Agent at the following street address:

David Lewis
PhotoAlbum.com
4570 Topaz Dr
Hoffman Estates, IL 60192
T 847-202-8424
F 847-202-9352

Please note that we cannot take any action until we have collection all of the information specified above. Please note that this procedure is exclusively for notifying PhotoAlbum that your copyrighted material has been infringed. Please use the contact information at the end of this agreement for all other communications with PhotoAlbum.

TRADEMARKS

PHOTOALBUM.COM, PHOTOALBUM INC, WORD OF SITE and other marks indicated on our Web sites are all trademarks of PhotoAlbum.com or our Clients in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names that appear on the PhotoAlbum Web sites are trademarks or trade dress of PhotoAlbum.com or its clients or affiliates. PhotoAlbum's trademarks and trade dress may not be used in connection with any product or service that does not belong to PhotoAlbum, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PhotoAlbum. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PhotoAlbum and may not be copied, imitated or used, in whole or in part, without the prior written permission of PhotoAlbum. All other trademarks not owned by PhotoAlbum or its affiliates that appear on our Web sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PhotoAlbum or its affiliates.

LICENSE AND SITE ACCESS

PhotoAlbum grants you a limited, personal, non-transferable and non-exclusive right and license to access and use our Web sites, to upload post and annotate Content on our Web sites and to personalize and compile content for Products and Services that we offer. Such right does not include the right to download (other than page caching) or to modify the features or Products and Services of the PhotoAlbum Web sites, or any portion of it, except with express written consent of PhotoAlbum. This license does not include any resale or commercial use of our Web sites or its contents and/or of any of the Products and Services offered for sale on our Web sites; any non-authorized derivative use of the PhotoAlbum Web sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The PhotoAlbum Web sites or any portion of our Web sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PhotoAlbum. You may not create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

PhotoAlbum does not claim any ownership rights to any Content that you post on a PhotoAlbum Web sites. In order to enable us to display your Content through the Services and fulfill any orders for Products, if you post Content or submit material to any of the PhotoAlbum Web sites, you grant PhotoAlbum and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any know or future discovered media, unless we indicate otherwise. You grant PhotoAlbum, its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose.

You agree not to access the Products and Services by any means other than through our Clients or the interface that is provided by PhotoAlbum for use in accessing the Products and Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PhotoAlbum and our Clients without express written consent of PhotoAlbum and/or our Clients. You may not use any meta tags or any other "hidden text" utilizing PhotoAlbum's or our Client's name or trademarks without the express written consent of PhotoAlbum and/or our Clients. Any unauthorized use terminates the permission or license granted by PhotoAlbum.

PRODUCT DESCRIPTIONS

PhotoAlbum and its affiliates attempt to be as accurate as possible in the description of products available directly or through links (including embedded products within Content) on the PhotoAlbum Web sites. However, PhotoAlbum does not warrant that product descriptions or other Content of our Web sites is accurate, complete, reliable, current, or error-free. Please review our Terms and Conditions of Sale, which is incorporated into this agreement by reference, for Products purchased directly from the PhotoAlbum Web sites. Products purchased through links (including embedded products in the text and content of our applicable Web sites) are being sold by our Clients or third-parties under their terms and conditions of sale.

DEALINGS WITH CLIENTS AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, our Clients and advertisers found on the Web sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client or advertiser. You agree that PhotoAlbum shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Products and Services.

LINKS

The PhotoAlbum or third parties may provide links to other Web sites or resources. Because PhotoAlbum has no control over such sites and resources, you acknowledge and agree that PhotoAlbum is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PhotoAlbum 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

MODIFICATIONS TO PRODUCTS AND SERVICES

PhotoAlbum reserves the right at any time and from time to time to modify, remove or discontinue, temporarily or permanently, the Products and Services (or any part thereof) with or without notice. Such action may, in some instances, result in the permanent deletion of associated Content. You agree that PhotoAlbum shall not be liable to you or to any third party for any modification, suspension or discontinuance of Products and Services, nor for the removal of any Content.

TERMINATION

You agree that PhotoAlbum may, under certain circumstances and without prior notice, immediately terminate your PhotoAlbum account and access to the Products and Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements, policy or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Products and Services (or any part thereof), and (e) unexpected technical or security issues or problems. Termination of your PhotoAlbum account includes (i) removal of access to the Web sites, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring further use of the Web sites and Products and Services if termination is conducted as a result of either (a) or (b) above. Further, you agree that all terminations for cause shall be made in PhotoAlbum's sole discretion and that PhotoAlbum shall not be liable to you or any third-party for any termination of your account and/or access to the Products and Services. The sections on Disclaimer of Warranties and Limitation of Liability, Indemnity and Applicable Law and Disputes will survive the termination of this User Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR WEB SITES ARE PROVIDED BY PHOTOALBUM ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOALBUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEB SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OUR WEB SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEB SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOALBUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOALBUM DOES NOT WARRANT THAT OUR WEB SITES, ITS SERVERS, OR E-MAIL SENT FROM PHOTOALBUM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOALBUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEB SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHOTOALBUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCTS AND SERVICES RESULTING FROM ANY GOODS PURCHASED FROM THE WEB SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCTS AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCTS AND SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

REPRESENTATIONS AND INDEMNIFICATION

You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this User Agreement and will not cause injury to any person or entity. You agree to indemnify and hold PhotoAlbum, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post or make available on our Web sites, your use of the Products and Services, your violation of the User Agreement, or your violation of any rights of another.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement.

ENTIRE AGREEMENT

The User Agreement constitutes the entire agreement between you and PhotoAlbum and governs your use of the Web sites, and the Products and Services, superseding any prior agreements between you and PhotoAlbum. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other affiliate services or third-party content.

NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY

You agree that your membership account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web sites and Products and Services and/or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

APPLICABLE LAW

By visiting PhotoAlbum, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and PhotoAlbum or its affiliates. Any disputes that are not subject to arbitration will be adjudicated by a court of competent jurisdiction located in Cook County, Illinois.

DISPUTES

Any dispute relating in any way to your visit to PhotoAlbum or to products you purchase through PhotoAlbum must be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate PhotoAlbum's intellectual property rights, PhotoAlbum may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered and conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If either party files an action contrary to this section, the other party may recover attorney's fees, provided that the party seeking the award has notified the other party in writing of the improperly filed claim and the other party has failed to withdraw the claim within 15 days.

PRIVACY POLICY AND MODIFICATION

Please review the PhotoAlbum Privacy Policy, which is incorporated into this agreement by reference, to understand our practices that also govern your visit to our Web sites. PhotoAlbum reserves the right to make changes to our Web sites, and policies at any time.

SEVERABILITY

If any of the conditions of this User Agreement and the policies, rules and guidelines incorporated by reference shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ELECTRONIC COMMUNICATIONS

When you visit PhotoAlbum or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you consent to receive communications from PhotoAlbum electronically. We will communicate with you by e-mail or by posting notices on our Web sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

OUR ADDRESS

PhotoAlbum.com
4570 Topaz Dr.
Hoffman Estates, IL 60192

support@PhotoAlbum.com

Last Modified on September 17, 2007