StoryAlbums.com Terms and
Conditions
Welcome to StoryAlbums' Terms and Conditions of Use ("Site
Terms"). These Terms and Conditions create an agreement
applicable to your use of our services at StoryAlbums.com (the "Site").
We may amend this agreement at any time by posting the amended terms
on our Site. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted on
our Site.
Licenses and Site Access
Subject to these Site Terms, StoryAlbums grants you a limited license
to make personal use only of the Site. You may not, without
limitation: (a) make any resale or commercial use of the Site or its
content; (b) make any derivative use of the Site or its contents; or
(c) use any data mining, robots, or similar data gathering and
extraction methods within the Site. Except as expressly stated in
these Site Terms, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of StoryAlbums or any third party.
Elements of the Site, including page headers, custom graphics, logos,
sounds, images and button icons, are protected by trade dress and
other laws and may not be copied or imitated in whole or in part. You
may not use, frame or utilize framing techniques to enclose any StoryAlbums
trademark, logo or other proprietary information (including the
photographs and images found at this Site, the content of any text
and/or the layout or design of any page of the Site) without
StoryAlbums'
express written consent. Further, you may not use any meta tags or any
other "hidden text" utilizing a StoryAlbums name,
trademark, or product name without StoryAlbums' express written
consent. Any unauthorized use of this Site will terminate the
permission or license granted by these Site Terms and may violate
copyright, trademark and other laws.
Acceptable Conduct
This Site includes private and public albums, as well as other
interactive areas. These forums may be used only for non-commercial
purposes. By using any forum or interactive areas, you agree not to do
any of the following:
- Link to, distribute or otherwise publish through
this Site any photograph, image, graphic, message, data,
information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening, harmful, invasive of
privacy or publicity rights, abusive, inflammatory, fraudulent,
deceptive, misleading or otherwise objectionable;
- Link to, distribute or otherwise publish through
this Site any Content that would convey expressions of bigotry,
prejudice, racism, hatred or profanity;
- Link to, distribute or otherwise publish through
this Site any Content that would constitute, assist or encourage a
criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national,
or international law;
- Link to, distribute or otherwise publish through
this Site any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right
of any party, or any Content that you do not have the lawful right
to distribute and reproduce;
- Link to, distribute or otherwise publish through
this Site any Content that may contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or
personal information;
- Impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity;
- Artificially inflate, exaggerate or misrepresent the
number of accesses ("hits") to your album;
and
- Without StoryAlbums' written permission, distribute
or publish unsolicited promotions, advertising or solicitations
for funds, goods or services, including junk mail and spam.
StoryAlbums takes no responsibility and assumes no liability for any
Content posted or uploaded by you or any third-party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider
of interactive services, StoryAlbums is not liable for any statements,
representations or Content provided by its users in any album or other public forum or interactive area on the Site.
Enforcement
StoryAlbums has the right, but not the obligation, to monitor any
activity and Content associated with Photo Galleries, albums,
any public forums and interactive areas, or any other areas on the
Site. StoryAlbums may investigate any reported violation of its
policies or complaints and take any appropriate action that it deems
appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of
posted Content. StoryAlbums reserves the right and has absolute
discretion, to remove, screen or edit any Content that violates these
provisions or is otherwise objectionable. StoryAlbums also reserves
the right to report any activity that it suspects violates any law or
regulation to appropriate law enforcement officials, regulators, or
other third parties.
In order to cooperate with governmental requests, to protect
StoryAlbums'
systems or customers, or to ensure the integrity and operation of
StoryAlbums'
business and systems, StoryAlbums may access and disclose any
information it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, e-mail address,
etc.), IP addressing and traffic information, usage history, and
posted Content. StoryAlbums' right to disclose any such
non-confidential or non-privileged information shall govern over any
terms of StoryAlbums' Privacy Policy.
Only A Forum
The albums or other public forums and
interactive areas on the Site act as the venue for users to post their
own Content, including photographs. StoryAlbums does not and cannot
review all Content posted or uploaded to the Site, and is therefore
not responsible for this Content. You acknowledge that by providing
you with the ability to distribute your Content on the site, StoryAlbums
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any Content. You
may find other user's Content to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using our Site.
License and Idea Submission
You agree to grant to StoryAlbums a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any Content you submit to the Site by all
means and in any media now known or hereafter developed. You agree
that you shall have no recourse against StoryAlbums for any alleged or
actual infringement or misappropriation of any proprietary right in
any Content you submit to us.
Your Indemnification and Release
You shall remain solely liable for the Content you upload or transmit
to StoryAlbums, including the albums or other
public forums and interactive areas on the Site. You agree to
indemnify and hold harmless StoryAlbums from any claim, action,
demand, loss, expense or damages (including attorneys' fees) made or
incurred by any third party arising out of or relating to your
conduct, your violation of these terms and conditions, or your
violation of any rights of a third party. In the event that you have a
dispute with one or more users, you release StoryAlbums (and our
officers, directors, agents, subsidiaries 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. 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."
Privacy
Please review our privacy policy, available here.
Copyright
The entire contents of the Site are copyrighted as a collective work
under the United States and other copyright laws. StoryAlbums holds
the copyright in the collective work. The collective work includes
works that are licensed to StoryAlbums. Copyright 2000 StoryAlbums,
Inc., ALL RIGHTS RESERVED. The collective work may also include works
that are the property of StoryAlbums' licensors, which are also
protected by copyright and other intellectual property laws. You may
display and, subject to any expressly stated restrictions or
limitations relating to specific material, download portions of the
material from the different areas of the Site solely for your own
non-commercial use. Any redistribution, retransmission, or publication
of any material or content on the Site is strictly prohibited without
the express written consent of the copyright owner. You further agree
not to modify or delete any proprietary notices from materials
downloaded from the Site. If you believe that any Content on the Site
infringes on your copyright, please send an e-mail to webmaster@storyalbums.startlogic.com
to file an official notice of such potential infringement pursuant to
the Digital Millennium Copyright Act. However, StoryAlbums is not
responsible or in any manner liable for any such potential or actual
infringement.
Trademarks
All trademarks, service marks, logos, trade names, and any other
proprietary designations of StoryAlbums used herein are trademarks or
registered trademarks of StoryAlbums. Any other trademarks, service
marks and trade names are the trademarks or registered trademarks of
their respective parties.
Links to Third Party Sites
The links throughout this Site will let you leave StoryAlbums' Site.
These links are provided as a courtesy only, and the sites they link
to are linked are not under the control of StoryAlbums in any manner
whatsoever. Therefore, StoryAlbums is in no manner responsible for the
contents of any such linked site or any link contained within a linked
site, including any changes or updates to such sites. StoryAlbums is
providing these links merely as a convenience, and the inclusion of
any link does not in any way imply or express affiliation, endorsement
or sponsorship by StoryAlbums of the site and/or any of its content
therein.
Disclaimer
THIS SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, STORYALBUMS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. STORYALBUMS DOES NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT
MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. STORYALBUMS DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. 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.
Limitation of Liability
STORYALBUMS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY
PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE SITE, EVEN IF
STORYALBUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STORYALBUMS WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR
LOSS OF ANY DATA. Some states do not allow the limitation of
liability, so the foregoing limitation may not apply to you.
Termination
Notwithstanding any of these Site Terms, StoryAlbums reserves the
right, without notice and in its sole discretion, to terminate your
license to use the Site, and to block or prevent future access to and
use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Miscellaneous
StoryAlbums may assign its rights and
duties under this Agreement to any party at any time without notice to
you. You acknowledge that the provisions, disclosures and disclaimers
set forth above are fair and reasonable and your agreement to follow
and be bound to them is not the result of fraud, duress or undue
influence exercised upon you by any person or entity. Both parties
agree that there are no representations, promises, warranties or
undertakings by you or StoryAlbums contrary to those set forth above.
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