User Reviews Terms of Service

ShareMyAlbums Terms of Service

Last Updated: July 8, 2005

1. Introduction

Welcome to ShareMyAlbums! This Website is owned and operated by ShareMyAlbums LLC (collectively, "ShareMyAlbums" or "we," "us," or "our"). ShareMyAlbums provides members a fun, safe, and easy way to process, print, digitize, store, share and otherwise use photographs (collectively, "Process"). By using our Website and the services we offer (collectively, the "Service"), you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and exit immediately.

We reserve the right to modify or amend the terms of our Terms of Service (the "Terms") from time to time without notice. Your continued use of our Website following the posting of changes to these Terms will mean you accept those changes.

If you have questions about these Terms, please contact support@sharemyalbums.com.

2. General Terms of Use

To use ShareMyAlbums, you must be at least 13 years of age and submit certain information to ShareMyAlbums, including your name and correct email address. You also agree to provide ShareMyAlbums with true, accurate, current, and complete information about yourself when such information is requested. The Service is for personal use only.

One condition of using ShareMyAlbums is that you actively participate in the Service, meaning that you consistently log in. If your account is inactive for a period of over 365 days, ShareMyAlbums may terminate your use of the Service (or any part thereof), and may remove and discard any user-posted materials, including all information, communications, postings, albums, image files or any other content within the Service.

3. Copyright & Ownership

All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content") - except such Content as posted by you, the user - is owned by ShareMyAlbums, our licensors and/or our Content providers.

All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service and the Website may only be used for the intended purpose for which such Website and Service are being made available. Except as may be otherwise indicated on specific pages within the Website, you are authorized to view, print and download items found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website, except for Content you provide. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Service. The Website, its Content and all related rights shall remain the exclusive property of ShareMyAlbums or our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website.

In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") are licensed to you by ShareMyAlbums or our licensors. ShareMyAlbums does not transfer title to the software to you. ShareMyAlbums (or our licensors) retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.

4. Corporate Identification & Trademarks

All trademarks, service marks and trade names of ShareMyAlbums and our partners and licensors used herein (collectively, "Marks") are trademarks or registered trademarks of ShareMyAlbums or our licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without ShareMyAlbums' prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

5. Restricted Content & Activities

By using the Website, you agree not to use the Website to post or upload any of the following:

Offensive photographs or offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech or photographs; or racial, religious or personal attacks of any kind
Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items. Furthermore, you may not list any item on the Website (or consummate any transaction that was initiated using our Service) that, by paying to us a fee could cause us to violate any applicable law, statute, ordinance or regulation.
Direct links to or descriptions of goods and services that are prohibited under these Terms of Service
Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of Website Content
Content that is untrue, inaccurate, deliberately misleading, or trade libelous
Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
Encrypted Content or Content that can be demonstrated to contain encoded messages
Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the user's identity in an identifiable fashion, or by using another individual's account to post or upload Content, with or without that individual's knowledge
Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers

You further understand and agree that sending unsolicited email advertisements to any user of the Website or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable "anti-spam" laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. Right to Remove Content or Block Access

ShareMyAlbums may, at our discretion but without any obligation, remove Content that does not meet the acceptable use guidelines in Section 5 or is otherwise inappropriate, according to our sole interpretation. ShareMyAlbums may also remove all other Content by such user, disable a user's account, and otherwise prevent that user from using our Service. ShareMyAlbums may also, at our discretion, disable and suppress Content from any account where the chosen user name or Content is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

7. Account Security

You are entirely responsible for the security and confidentiality of your user password and account, and for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

8. Information Control

User-published Content does not represent the views of ShareMyAlbums or any individual associated with ShareMyAlbums, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, ShareMyAlbums' endorsement of user-published Content. ShareMyAlbums does not vouch for the accuracy or credibility of any user-published Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of viewing user-published Content on our Website. Through your use of the Website and Service, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

9. Links to Third Parties

This Website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by ShareMyAlbums of, or any affiliation with, or endorsement by, the owner of the linked website. ShareMyAlbums is not responsible for the contents or use of any linked website, or any consequence of making the link.

10. Access & Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

11. Your License to Us

When you use the Service, you become a participant in an online community of people who enjoy photography. In order for ShareMyAlbums to make your photos available to you and your invitees, ShareMyAlbums needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms.

User-published Content remains the intellectual property of the individual user. Accordingly, by posting Content on our Website, you grant ShareMyAlbums a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, 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 media, whether now known or hereafter discovered, solely for the purpose of providing the Service, and you warrant that all so-called "moral rights" in those materials have been waived. In addition, you represent and warrant that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

12. Release

In the event that you have a dispute with one or more other users of the Website, you release ShareMyAlbums (and our officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

13. No Warranty

Your use of and browsing of this Website are at your own risk. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. SHAREMYALBUMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

14. Limitation on Liability

ShareMyAlbums assumes no liability in the event that legal action is taken against you by a third party as a result of Content you publish on our Website, whether for copyright infringement or any other illegal activity related to your Content. 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 policy and will not cause injury to any person or entity; and that you will indemnify ShareMyAlbums or our affiliates for all claims resulting from Content you supply. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF SHAREMYALBUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHAREMYALBUMS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).

15. Indemnity

You agree to defend, indemnify and hold ShareMyAlbums and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.

16. Force Majeure

Neither ShareMyAlbums nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

17. Privacy

Your use of our Website and Service is subject to our Privacy Policy. Please read our Privacy Policy linked to here: http://www.sharemyalbums.com/policy/privacy.html.

18. Choice of Law & Forum

These Terms of Service shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. In addition, the state and federal courts of the State of Washington are the exclusive forum and venue to resolve any and all disputes arising out of or relating to the Terms of Service and you consent to personal jurisdiction and venue in those courts.

19. General

We do not guarantee continuous, uninterrupted or secure access to our Website or Service, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by ShareMyAlbums in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 10 (Access & Interference), 11 (License), 12 (Release), 14 (Liability Limit), and 15 (Indemnity) shall survive any termination or expiration of this Agreement.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

20. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

In operating the Website, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Carsten Winsnes.

Email: carsten@sharemyalbums.com
Phone: (508) 450-5676

Mailing Address:
14505 SE 85th
Newcastle, WA 98059

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;

3. 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;

4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

21. Entire Agreement

These terms and conditions are the entire agreement between the user and ShareMyAlbums and supersedes any prior understandings or agreements (written or oral).

22. Copyright Notice