StoryAlbums

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.