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Terms and Conditions
1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we," "us," "our," "MyPhotoAlbum Inc." and "MyPhotoAlbum" refer to the web and email redirection service ("redirect service"). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting the redirect service you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your redirect service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in New York, NY, the location of our principal place of business.
2. VARIOUS SERVICES. Paragraphs 1 through 21 are applicable to any and all of the services you have chosen.
3. BASE TERMS OF SERVICE. The redirect service is a free, advertising supported service. In exchange for ad-supported services you allow us to serve advertising every time a redirect is accessed. The provision of service may be discontinued at any time for any reason. Accounts that are not being actively used, as defined by the destination URL of the redirect returning a 404 (File Not Found) or other error for a period of not less than 90 days, are subject to immediate closure. Any renewal of your services with us is subject to our then current terms and conditions at the time of renewal.
You agree and warrant that the content of your destination site is in one of the following languages:
Arabic, Bulgarian, Chinese (simplified), Chinese (traditional), Croatian, Czech, Danish, Dutch, English, Finnish, French, German, Greek, Hebrew, Hungarian, Italian, Japanese, Korean, Norwegian, Polish, Portuguese, Romanian, Russian, Serbian, Slovak, Spanish, Swedish, or Turkish.
4. ACCURATE INFORMATION. As further consideration for the redirect service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You grant us the right to disclose to third parties certain information about you and other Customers in the aggregate; however, such disclosures will exclude any personally identifiable information, unless: (1) you or your agent expressly directs us to disclose such information or (2) we are required to disclose such information by any applicable law or legal process served on MyPhotoAlbum Inc. Our privacy policy, incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our website at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our redirect services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement.
5. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on our Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or United States mail addressed as follows, MyPhotoAlbum Inc., 322 8th Avenue, Suite 701, New York, NY, 10001. Notice of your termination will be effective on receipt and processing by us. By continuing to use the redirect services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our website of a general informational nature. No employee, contractor, agent or representative of MyPhotoAlbum Inc. is authorized to alter or amend the terms and conditions of this Agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account ID and the Password that you opened your account with us through our online application process. Please safeguard your Account ID and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account ID or Password or security authentication option.
7. CUSTOMER CONDUCT. You are solely responsible for the contents of your transmissions through the redirect service(s). Your use of the redirect service(s) is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the redirect service; (2) not to use the redirect service for illegal purposes; (3) not to interfere or disrupt networks connected to the redirect service; and (4) to comply with all regulations, policies and procedures of networks connected to the redirect service; (5) refrain from using the service in the promotion, distribution or advertisement of unsolicited bulk email ("Spam").
You agree not to transmit through the redirect service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another Customer's use and enjoyment of the redirect service(s) or another entity's use and enjoyment of similar services. MyPhotoAlbum may, at its sole discretion, immediately terminate your Agreement with us should your conduct fail to conform with these terms and conditions.
You agree not to use our services for the promotion of ad farms, affiliate programs, pay-per-click advertising sites or gambling sites. You further agree and warrant that you are responsible for the content of all destination addresses and that the use of our service(s) does not in any way contravene the Terms of Service of any hosting provider or service provider with control over, or responsibility for, the destination address(es).
8. AGENTS. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) obtained our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your information incorrectly.
9. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any redirect service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). MyPhotoAlbum and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the redirect services or for the cost of procurement of substitute services. Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, in such States, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data misdelivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account ID, Password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail redirect service or(9) loss or liability that you may incur in connection with our processing of your application for our services or our processing of any authorized modification to your information.
11. INDEMNITY. You agree to release, indemnify, and hold MyPhotoAlbum Inc., in our capacities as the registry and a registrar, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the redirect services provided hereunder or your use of the redirect services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. By registering a name you agree to keep MyPhotoAlbum Inc. and its directors fully and effectively indemnified at all times and indemnify MyPhotoAlbum Inc. and its directors accordingly against all costs, claims, liabilities actions and expenses arising directly or indirectly through your choice and use of the redirect service or by any breach by you of your obligations contained herein.
12. BREACH. You agree that your failure to abide by any provision of this Agreement, any redirect service operating rule or policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your account may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete your account and/or terminate the other service(s) you are using without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
13. NO GUARANTY. You agree that, by registration of your chosen redirect address, such registration does not confer immunity from objection to either the registration or use of your redirect address.
14. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your redirect address or to apply for other service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) neither the registration of your redirect address nor the manner in which you intend to use such redirect address will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (iv) you are of legal age to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
We do not and will not determine the legality of your redirect address and do not otherwise evaluate whether your redirect address, if used as a trademark or service mark, infringes upon the rights of others. You agree to use your redirect address only as a web address and not as a trademark or service mark. We do not have any duty to investigate or search the legal availability of any name that may be used by you as your redirect address. You agree that we have the unilateral right to suspend or terminate your use of your redirect address at any time if we are presented with claims by third parties that are, in our sole judgment, supported by any evidence that your use of your redirect address infringes upon the rights of others.
15. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA THAT IS DOWNLOADED OR IS OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. REVOCATION. You agree that we may terminate or suspend your contractual right to use our service(s) if we are presented with claims by third parties that are, in our sole judgment, supported by any evidence that you have breached any of the warranties and representations you have given in paragraph 15, above, or if the information that you are obligated to provide to register your redirect address or register for other services(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your redirect address or to continue to provide you redirection services.
17. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen redirect address or register you for other services, or to delete your account. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion of your redirect address or refusal to register you for other services.
18. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
19. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
20. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of New York, United States of America, excluding its conflict of laws rules.
21. AGREEMENT TO BE BOUND. By completing the registration process for redirect services through our online application process, checking the "I agree to the terms and conditions" box and clicking the "Register" button, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by MyPhotoAlbum Inc.
