Date of Last Revision: September, 2014
Photo Albums Direct hereby grants you a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. Photo Albums Direct strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, or repairs, or due to the failure of software or telecommunications equipment. You agree that Photo Albums Direct will not be liable for any such interruptions. You further agree that Photo Albums Direct may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.
To obtain an account, you must register as a member. You agree that all information you provide to us in the registration process will be accurate, current, and complete, and that you will update this information from time to time as necessary to keep it accurate, current, and complete. You will be assigned, or will be asked to choose, one or more passwords when you register as a member. You must keep your passwords confidential. You are responsible for all activities that occur under your passwords. You must notify Photo Albums Direct immediately if you believe any of your passwords are no longer confidential, or if you believe someone has used any of your passwords without authorization. Photo Albums Direct may, at any time and for any reason, require you to choose a new password. Photo Albums Direct may cancel or discontinue your member account at any time and for any reason. However, if Photo Albums Direct does not believe that you are in breach of this or any other agreement with Photo Albums Direct, then Photo Albums Direct will use commercially reasonable efforts to provide you with at least ten (10) days’ prior written notice of any such cancellation.
You agree that you will not use the Service or any portion thereof:
- for any unlawful purpose;
- to upload, post, or transmit any content that (i) is threatening, abusive, obscene, defamatory, libelous, pornographic, or profane, (ii) infringes upon or violates any rights of privacy or publicity, or any copyright, trade mark, or other intellectual property right, (iii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus), or (iv) could otherwise give rise to any civil or criminal liability under applicable law;
- for any commercial purpose other than as expressly permitted by Photo Albums Direct;
- to transmit any advertising, promotional materials, or other forms of solicitation that have not been authorized by Photo Albums Direct;
- to attempt to access another member’s account without permission;
- to impersonate another person or entity, or to misrepresent your affiliation with another person or entity; or
- to interfere with or disrupt (or attempt to interfere with or disrupt) the Service.
The Service may contain links to third-party websites. Photo Albums Direct does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.
5. Photo Albums Direct Content; Intellectual Property Rights; License
Except for the photographs and other content provided by you and/or third parties, all of the content on this website (including without limitation the graphics, design, and look and feel) is owned by Photo Albums Direct and is protected by United States and international copyright, trademark, and/or other intellectual property rights laws. All of the content on this website other than the content provided by you is referred to herein as the “Content.” You may view the Content for personal, non-commercial purposes only, and you may save to your individual storage medium copies of the Content only as is necessary and incidental to your acts of viewing it. Except as expressly provided in this paragraph, you may not use, reproduce, display, store, modify, distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium, technology, or manner without the prior written consent of the owner thereof, and all other rights in the Content are expressly reserved by Photo Albums Direct and its licensees.
6. Photographs; Intellectual Property Rights; License
You hereby represent and warrant that, with respect to the content and/or photographs that you upload when placing an order, you have all necessary rights to upload such content and to grant the rights and licenses to such content to Photo Albums Direct. You hereby grant to Photo Albums Direct a perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed throughout the universe, all in connection with fulfilling your order.
7. Product Purchases
You can purchase copies of the photographs that you upload to the Site in the form of photographic prints or in the form of other photographic products that are offered by Photo Albums Direct, such as photo-albums. Such prints and other photographic products are collectively referred to herein as “Products.” You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such all Products are non-returnable and payment for all Products is required to be made in full by credit card in advance. The shipping terms are displayed at the time of your order. All Product delivery dates are approximate and not guaranteed, and Photo Albums Direct will have no liability for any late delivery. Photo Albums Direct reserves the right to make partial shipments of Products.
8. No Storage of Digital Content
Content and/or photographs are uploaded at the time of placement of an order for Products and only stored by Photo Albums Direct for purposes of fulfilling such order. Content and/or photographs will be deleted by Photo Albums Direct after fulfillment. Any future or additional orders will require you to re-upload the content and /or photographs. You should always preserve your original content and/or make back-up copies of your content on your personal system. Photo Albums Direct does not store, nor will copies of any uploaded content be available to you after placement of your order.
9. Product Satisfaction Policy
Photo Albums Direct is committed to your satisfaction. You must inspect all Products within five (5) days of receipt and immediately notify us of any damage or defects by filling out our contact form. Photo Albums Direct reserves the right to determine whether a Product is defective or damaged and whether such Product will be repaired or replaced, in Photo Albums Direct’s sole discretion.
10. Integrity of the Site
You agree not to take any action to harm Photo Albums Direct, interfere with its operation, access or its underlying technology, copy its underlying technology, or copy third party Images. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) at the website photoalbumsdirect.com (the “Site”); circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising or commercial purposes, or to send unsolicited communications. In your use of the Site, including the uploading and posting of Images, you agree to comply with all applicable laws. From time to time, the Site will be inaccessible for purposes such as maintenance. Photo Albums Direct does not warrant that the Site will operate without error or interruption. While Photo Albums Direct will make reasonable efforts to ensure the integrity of the Site and to avoid any breach by hackers or otherwise of the Site, Photo Albums Direct does not warrant that the Site will be secure or that it will not be hacked by third parties or that your Images will not be copied or destroyed in any such breach.
THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PHOTO ALBUMS DIRECT DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE IS SECURE FROM BREACH OR HACKERS. PHOTO ALBUMS DIRECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO PHOTO ALBUMS DIRECT, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTO ALBUMS DIRECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PHOTO ALBUMS DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTO ALBUMS DIRECT’S MAXIMUM, AGGREGATE LIABLITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PHOTO ALBUMS DIRECT IN CONNECTION THEREWITH IN THE YEAR PRIOR TO ANY LOSS ALLEGED BY YOU, BUT IN NO EVENT MORE THAN $100.00. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PHOTO ALBUMS DIRECT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PHOTO ALBUMS DIRECT’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold harmless Photo Albums Direct, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys’ fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account.
14. International Use
Photo Albums Direct makes no representation or warranty that the Service or the Content is appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
We use this anonymous information to enhance the visitor experience, to understand how our Service is used, to communicate with you about information and services relating to the Service, to investigate and verify proper conduct, and to monitor the security and integrity of the Service. Internally, we use data in the aggregate to analyze our business.
(b) What we collect about you that is personally identifiable (“PI”) and how we use it: Photo Albums Direct collects information that you provide us when you register as a Member and accept this Agreement. All passwords are stored on our server in encrypted form. If you lose your password, we will generate a new one and send it to you.
(ii) We use PI to email you or to otherwise contact you electronically about activities relating to the Service, including advertising and promotion, and to extend certain offers. You can opt out of receiving future emails and electronic communications.
(iii) We may disclose PI as required by law and/or in response to service of legal process, such as a court order, summons, subpoena, and the like.
(iv) We use PI to investigate and verify proper conduct, and to monitor the security and integrity of the Service.
(v) We do not sell your PI to third parties.
(c) Once you have registered with us and accepted this Agreement, you can access your account, review the information that is stored, and revise or delete that information. You will need to email us a written request to delete your entire account.
(d) We do not store any credit card information. We have partnered with Roes Applications and Apps for our e-commerce capabilities. The ROES application transmits your credit card data in an encrypted format over a secure SSL connection to authorize your purchase. Card information is not retained anywhere after this process outside of your computer. Note that if you check the box indicating that you wish to store your card data for future use, it will be stored on your own device in connection with your use of this Site.
16. Email Policy
You may receive emails from Photo Albums Direct if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, Photo Albums Direct intends to include an easy way for you to choose to cease receiving emails from Photo Albums Direct. Please note that, if you do choose to cease receiving emails from Photo Albums Direct, it can take up to seven (7) business days for your instructions to take effect. Even if you elect to cease receiving certain types of emails, so long as you are a member, you will continue to receive emails pertaining to orders, advising you of interruptions in the Service, resumption of availability, security alerts, and other security or continuity related issues which may impact your use of the Service. If you have received any unwanted, unsolicited emails from Photo Albums Direct (or purporting to be sent from Photo Albums Direct), please forward a copy of that email with your comments to firstname.lastname@example.org for review. We respect your time and attention by monitoring the frequency of our mailings.
17. Other Terms
These Terms of Service (a) will be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law, (b) may only be amended as provided in the first paragraph of these Terms of Service, or by a written agreement signed by both parties, (c) constitutes the entire agreement between the parties with respect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. You hereby agree to the exclusive jurisdiction of the courts of the State of California located in Los Angeles County with respect to any legal proceeding arising in connection with this Agreement. This Agreement and any benefits to be derived hereunder may be assigned or transferred in whole or in part by Photo Albums Direct. You may not assign this Agreement, in whole or in part, without the prior written consent of Photo Albums Direct, and any such assignment or purported assignment by you without Photo Albums Direct’s prior written consent will be void. Failure of a party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. In the event that any provision of this Agreement is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You may not use Photo Albums Direct’s name or any of its trademarks or logos in any advertising or marketing materials without Photo Albums Direct’s prior written approval.