Trade Studios may, in its sole and absolute discretion, modify or revise this Agreement at any time. You should periodically review the most up-to-date version of this Agreement, which may be found here. Your use of Photo Album shall be deemed to confirm Your assent to the then-current version of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. photo album services
Photo Album allows users (“Users”) to (i) upload, organize, edit, and download photos and (ii) upload and organize videos in public, private and password-protected galleries. Users will also be able to share photos and videos by email or by posting the same to their blogs or websites. Trade Studios does not endorse any of the photos, videos, other content (“User Content”) uploaded or displayed on Photo Album, and Trade Studios expressly disclaims any liability or responsibility for any content uploaded or displayed on Photo Album by its Users.
2. PHOTO ALBUM ACCOUNTS
In order to use Photo Album, You will have to create an account (an “Account”). You represent and warrant to Trade Studios that all information You submit when You create Your Account is accurate and that You will keep it current. If Trade Studios has reason to believe that Your Account information is untrue, inaccurate or incomplete, Trade Studios reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account information, including Your Account name and password secure. You must notify Trade Studios immediately of any breach of security or unauthorized use of Your Account. Trade Studios will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss Trade Studios or others incur caused by Your Account, whether caused by You, or by another User, or by an unauthorized person.
3. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of Photo Album, including any content You submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not submit content in exchange for payment or consideration received from any third party.
- You will treat other Users with respect.
- You will not submit any content that:
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;
- Is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated”, obscene or otherwise objectionable (as determined by Trade Studios in its sole and absolute discretion);
- Interferes with Photo Album’s operation;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding Trade Studios or any other products and services, third-party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
- You will not copy or distribute in any medium any part of Photo Album, except where expressly authorized by Trade Studios.
- You will not modify or alter any part of Photo Album or any of its related technologies.
- You will not access Trade Studios Content (as defined below) or User Content through any technology or means other than through Photo Album itself, or as Trade Studios may designate.
- You agree not to use Photo Album, including any of Trade Studios’s related technologies, for any commercial use without Trade Studios’s express prior written consent.
Trade Studios reserves the right to modify, change, or discontinue any aspect of Photo Album at any time.
4. YOUR USE OF CONTENT ON PHOTO ALBUM
In addition to the general rules above, the following restrictions and conditions apply specifically to Your use of Trade Studios Content and User Content on Photo Album.
Trade Studios Content. The content on Photo Album, except for User Content, including without limitation, the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Trade Studios Content”), are owned by or licensed to Trade Studios in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Trade Studios Content is provided to You “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Trade Studios. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Trade Studios reserves all rights not expressly granted in and to Photo Album and the Trade Studios Content, and this Agreement does not transfer ownership of any of these rights.
User Content. You may upload and display to Your Photo Album Account any User Content that You are expressly permitted to upload and that does not otherwise violate this Agreement. By uploading and displaying User Content to Your Photo Album Account, You represent and warrant to Trade Studios that (i) You have all necessary rights to distribute User Content via Photo Album, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) You do not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with security-related features of Photo Album or features that prevent or restrict use or copying of any Trade Studios Content or User Content or enforce limitations on use of Photo Album, the Trade Studios Content or the User Content therein.
5. Trade Studios’S USE OF User Content ON PHOTO ALBUM
You shall be solely responsible for any and all User Content that You submit or that is submitted through Your Account, and the consequences of and requirements for distributing it.
You shall retain all of Your ownership or licensed rights in Your User Content. However, by uploading User Content to Photo Album, You authorize Trade Studios to use the intellectual property and other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by Photo Album and this Agreement. Accordingly, You hereby grant Trade Studios a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with Photo Album and Trade Studios's (and Trade Studios’s affiliates') business(es), including without limitation for promoting and redistributing all or part of Photo Album in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to You or any third party. You also hereby grant each user of Photo Album a non-exclusive license to access Your User Content (with the exception of User Content that You designate “private” or “password protected”) through Photo Album, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content as permitted through the functionality of Photo Album and under this Agreement. The above licenses granted by You in Your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from Photo Album. You understand and agree, however, that Trade Studios may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Trade Studios shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting Photo Album or Trade Studios’s (or Trade Studios’s affiliates’) business(es).
6. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Trade Studios generally does not pre-screen content posted by Users. However, Trade Studios reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Trade Studios may remove any item of User Content and/or terminate a User’s access to Photo Album for uploading or posting any material in violation of this Agreement, or for any other reason (or no reason) at all, at any time, without prior notice, and in Trade Studios’s sole and absolute discretion. Trade Studios may also terminate a User’s access to Photo Album if Trade Studios has reason to believe the User is a repeat offender. If Trade Studios terminates Your access to Photo Album, Trade Studios may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.
7. TRADEMARK AND/OR COPYRIGHT CLAIMS
Trade Studios supports the protection of intellectual property. If You would like to submit (i) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which You hold a bona fide copyright, please refer to Trade Studios’s Trademark and/or Copyright Infringement Policy, which may be found here.
8. LINKS TO THIRD-PARTY WEBSITES
Photo Album may contain links to third-party websites that are not owned or controlled by Trade Studios. Trade Studios assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Trade Studios does not censor or edit the content of any third-party websites. By using Photo Album, You expressly release Trade Studios from any and all liability arising from Your use of any third-party website. Accordingly, Trade Studios encourages You to be aware when You leave Photo Album and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
9. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF PHOTO ALBUM SHALL BE AT YOUR OWN RISK AND THAT ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, Trade Studios, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Trade Studios MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF PHOTO ALBUM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO PHOTO ALBUM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY INFORMATION OR CONTENT ON PHOTO ALBUM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR ANY THIRD-PARTY WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PHOTO ALBUM AND RELATED SERVICES. Trade Studios DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Trade Studios WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Trade Studios WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR THIRD-PARTY WEBSITES.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL Trade Studios, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY INFORMATION OR CONTENT ON PHOTO ALBUM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR ANY THIRD-PARTY WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PHOTO ALBUM AND RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Trade Studios IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Trade Studios SHALL NOT BE LIABLE FOR ANY USER CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
13. AVAILABILITY OF services
Subject to the terms and conditions of this Agreement and Trade Studios’s policies and procedures, Trade Studios shall use commercially reasonable efforts to attempt to provide Photo Album on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time Photo Album may be inaccessible or inoperable for any reason, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance, repairs or replacements that Trade Studios may undertake from time to time; or
- Causes beyond the reasonable control of Trade Studios or that are not reasonably foreseeable by Trade Studios, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that Trade Studios has no control over the availability of Photo Album on a continuous or uninterrupted basis, and assumes no liability to You or any other party with regard thereto.
14. COMPLIANCE WITH LOCAL LAWS
Trade Studios makes no representation or warranty that the photos and videos available on Photo Album are appropriate in every country or jurisdiction, and access to them from countries or territories where their content is illegal is prohibited. Users who choose to access Photo Album are responsible for compliance with all local laws, rules and regulations.