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AlbumPost Terms and Conditions

Introduction

Welcome to the AlbumPost Web site, provided to you by Launchpoint Software, Inc. ("AlbumPost"). Please review the following terms of service before using this site.

This agreement, and any other terms and conditions posted on any individual page of this site, governs the user and customer services on the site. Use of this site constitutes acceptance of these terms and creates a binding legal agreement wherein you agree to use the site in a manner consistent with all applicable laws and according to the terms and conditions listed below.

Copyright and Trademark Information

AlbumPost is a registered trademark, and other AlbumPost product names, service names, slogans or logos referenced in this site are trademarks or registered trademarks of AlbumPost. All other company, product or service names referenced in this site are used for identification purposes only and are trademarks of their respective owners.

All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. Each customer owns the images and text contained in his/her customer account, personal album or community album in which customer images may be posted. The customer may request these images via Internet download or other storage media. A charge may apply for the services required to facilitate this request. AlbumPost reserves its rights in and to all other content contained in the site. Unless otherwise noted, all content, other than the customer's account, personal albums or community albums, is copyrighted ŠLaunchpoint Software, Inc. All rights reserved.

Copyright Infringement

AlbumPost respects the intellectual property rights of others and is committed to protecting photographers' copyrights. If you believe an image or work of yours has been infringed upon by another party please provide the following information to our Copyright Representative.
1. Please provide your name, address, telephone number and email address.
2. Please identify the work you feel has been infringed upon.
3. Please provide as much detail as you can of where you saw the image on the site.
Please contact us with this information at: copyright@AlbumPost.com

Terms of Service

Service is available to anyone 13 years of age and older who provides all required information including their name, an accurate and legitimate e-mail address and a valid credit card. By accepting these terms of service you signify that you are over the age of 13. Each customer can create a AlbumPost password for future access to the site. The Customer will then be able to create one or albums ("customer images") by uploading their digital photographic files (the "photos") to the site.

  1. The use of the AlbumPost service is governed by the AlbumPost Privacy Policy. Please click here to review our Privacy Policy.
  2. Customers may view the photos contained in their albums. They may also insert unique titles and hide private photos. Your images will be viewable by everyone who accesses the images or private album. By e-mailing an invitation (e-mail link) to share your photos, or by posting your photos to a public album you give users the opportunity to view those images. Those who have received your invitation or viewed public images can then forward links to your images, or public images for viewing by others.
  3. All use of this site is subject to the following:
    1. Photos may not be modified or altered in any way, except by the owner of the photos.
    2. AlbumPost is not intended to be used as a high volume image or video serving service. Each user is limited to 4GB (Four Gigabytes) of transfer per calendar month. Four Gigabytes of transfer per month is a limit which is likely to accomodate the normal usage of most customers; most normal users will use less than 1GB (One Gigabyte). If the user exceeds this amount, the user will be notified by email and the user's account may be suspended or terminated. Accounts that are terminated for this reason will be refunded a pro-rated portion of their remaining subscription.
    3. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials owned by AlbumPost from this Web site in whole or in part without the prior written permission of AlbumPost. AlbumPost claims no ownership rights in the content of your AlbumPost images. For the sole purpose of displaying images to selected persons, and to fulfill your or another customer's print order, customers grant to Launchpoint Software, Inc. a perpetual non-exclusive, worldwide, royalty-free license to use, download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included in customer's images. We will not use customer's images for marketing purposes or any other purposes without obtaining the customer's express permission.

Guidelines for Customers

  1. AlbumPost makes no express or implied warranties about the reliability of the images, and is not responsible for any damage caused by loss, deletion or alteration of images. Customers are responsible for monitoring and creating backups of all image content.
  2. Unacceptable actions and content on the site, listed below, will constitute grounds for blocking access, removal of posted material and/or archive termination. It is a condition of your use of the site that you do not:
    1. Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
    2. Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    3. Harm minors in any way;
    4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
    5. Upload, post, e-mail or otherwise transmit 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; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    6. Interfere with or disrupt (or attempt to interfere with or disrupt) the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
    7. Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Launchpoint Software, Inc., its affiliates or users.

Termination of Service

  1. AlbumPost may terminate your archive and delete any and all information, communications, postings, rolls and image files at any time, without notice, for conduct violating this agreement or other policies or guidelines set forth by AlbumPost elsewhere on the site.
  2. AlbumPost may terminate your archive and delete any and all information, communications, postings, albums and image files at any time, without notice, for online conduct that AlbumPost believes is harmful to other Customers, the business of AlbumPost, or other third party information providers.
  3. AlbumPost reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in AlbumPost's sole discretion are objectionable or in violation of these terms and conditions.
  4. If your service is terminated, AlbumPost will refund a prorated portion of your payment. If you cancel your service, no refund will be given.

Disclaimer of Warranty and Limitations of Liability

  1. AlbumPost hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in this site. AlbumPost further disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. AlbumPost disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the site. You, the customer, will bear all risk associated with any content that you access. Your accessing of any content made available by or through AlbumPost and third parties is subject to your agreement to this provision and these terms and conditions.
  2. THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ALBUMPOST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. ALBUMPOST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. ALBUMPOST SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
  3. YOU, THE CUSTOMER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
  4. UNDER NO CIRCUMSTANCES SHALL ALBUMPOST BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ALBUMPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
  5. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Governing Law

All legal issues arising from or related to the use of this site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California without regard to conflicts of law principles. By using this site and agreeing to these terms and conditions, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Santa Barbara, California with respect to such disputes arising out of or relating to these terms and conditions or your use of the site.

Indemnity

By using this Web site you agree to indemnify AlbumPost and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this service.

Modification of Terms

AlbumPost reserves the right to change this policy at any time, for any reason, and without notice, including the right to terminate these services. Therefore, it is your responsibility to use this site only for the purpose in which it was intended. Any use of the site not in accordance with the intended purpose is prohibited.

Entire Agreement

These terms of service constitute the entire agreement between the you, the customer, and AlbumPost with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between AlbumPost's representations and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with AlbumPost are incorporated herein by this reference to the extent they do not conflict with these terms of service.

Violations of Terms of Service

Should you violate these terms of service or any other rights of AlbumPost, AlbumPost reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts. If AlbumPost should fail to enforce any right or provision in these terms of service, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms of service. If a court should find that one or more rights or provisions set forth in these terms of service are invalid, you agree that the remainder of the terms of service shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Reporting Violations of These Terms of Service

Any violations of these terms of service should be immediately reported to AlbumPost by e-mail to privpol@AlbumPost.com.

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