Term and Conditions
TERMS OF SERVICE
Last updated July 1, 2010
Yearbookandpassportphoto.com (the "Site") is designed to enable users to upload and resize images (the “Service”).
By accessing, browsing, or in any way using the Site or the Service, you ("You" or “User”) agree to be bound by these Terms of Service (“Terms of Service or “Service Agreement”) and any Privacy Policy on the Site ("Privacy Policy") which is incorporated herein by reference. The Terms of Service and Privacy Policy combine to form an agreement between You and M.I., Inc., a Washington corporation doing business as Yearbookandpassportphoto.com (the “Company” or “Yearbookandpassportphoto.com”). Yearbookandpassportphoto.com which may also be referred to as “Yearbookandpassportphoto.com”, “we” or “our” in this Service Agreement. Since Your access to the Site and use of the Service is expressly conditioned on compliance with this Service Agreement and all applicable laws. If You do not agree to be bound by this Service Agreement or any applicable laws, You should leave the Site and discontinue use of the Service immediately.
Company reserves the right to modify this Service Agreement and the Site from time to time at our sole discretion and such modification shall be effective upon posting such modifications on the Site. Your acceptance of the changes shall be signified by Your continued use of the Service and/or Site. Thus, it is important that You review this Service Agreement regularly. You may review the current version of the Service Agreement at any time at this http://www.Yearbookandpassportphoto.com/pages/term.
THESE TERMS OF SERVICE ALSO INCLUDE VARIOUS LIMITATION OF LIABILITY AND DISCLAIMERS THAT YOU ARE SUBJECT TO, AND THE COMPANY DOES NOT PROVIDE ANY WARRANTIES FOR THE USE OF THE SITE OR SERVICE.
1. Registration and Use Criteria
Use of and registration for the Site is void where prohibited. You must be at least 13 years to use the Site, and at least 18 years old to use the Service, and in all cases agreed to abide by all these terms and conditions contained within this Service Agreement. In consideration for the using the Site and Service, You warrant that (a) all registration information. You submit is truthful and accurate and (b) You will maintain the accuracy of such information. You also agree not to impersonate any person or entity, misrepresent your age or affiliation with any person or entity, or otherwise misrepresent your identity on the Site. In order to use the Service and some of the features of the Site, You must register and provide certain personal information to us. It is your responsibility to monitor the confidentiality of any information provided, including your account password. It is your responsibility to monitor all activities that occur in connection with your account, and to notify us of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, including describe in Section 3 below.
2. Term and Termination.
This Service Agreement and any posted revision to this Service Agreement shall remain in full force and effect while You use or access the Service. You may terminate Your Membership at any time by email – ybppadmin@yearbookandpassportphoto.com. The Company may terminate or suspend Your account or ability to use the Site if you breach these Terms of Service or if You are suspected of involvement in any illegal activity. Any termination or suspension of Your account could prevent You from accessing Your account, the Site or any content You may have uploaded or posted to the Site or any other related information.
3. Restrictions on Use of the Site or the Service.
You agree not to:
4. COMPANY OBLIGATION REGARDING CONTENT
You may post content on the Site ("Content"), but the Company has no obligation to maintain or store Content. However, we may at any time in our sole discretion, delete, modify or prevent from displaying Content to any other users, for any reason including but not limited to cancellation of the Service or violation of these Terms of Service. Once deleted, any Content You have stored on the Site cannot be retrieved.
5. ACCOUNT TERMINATION POLICY
Company policy is to delete accounts that have been inactive for two years. In addition, Company reserves the right to determine whether any Content is appropriate. Example of Content that is clearly inappropriate (and thus is subject to removal) includes pornography, obscene or defamatory material. The Company may allow Users to flag Content as inappropriate. Any Content that has been marked inappropriate may be removed without notice, subject only to the sole discretion of the Company. The Company reserves all rights to terminate membership for such violations.
6. CURRENCY, PAYMENT, REFUND.
Price and fee will be listed in US currency. All sales and fees are final.
7. COMPANY PROPRIETARY CONTENT AND OTHER RIGHTS
Company (possible subject to licensing agreements with third parties) owns certain text, photographs, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site ("Company Content"). The Company (also possibly subject to licensing agreements with third parties) also owns certain copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights associated with the Site. You may not modify, reproduce, distribute, create derivatives works or adaptations of, publicly display or in any way exploit any Company Content except as expressly authorized in writing by the Company in writing. The Company does not claim ownership of Content created by Users to the extent it is proprietary.
8. NO WARRANTY
COMPANY PROVIDES THE SERVICE AND THE SITE “AS-IS” WITHOUT EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT AND INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MOREOVER, COMPANY DOES NOT WARRANT THAT THE SITE, SERVICE OR CONTENT WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
9. INDEMNITY
YOU AGREE TO INDEMNIFY THE COMPANY AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE OR SERVICE, YOUR ACCESS AND USE OF THE SITE OR SERVICE, YOUR CONNECTION TO THE SITE OR SERVICE, YOUR VIOLATION OF THIS SERVICE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER
10. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: ( i ) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; ( ii ) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; ( iii ) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ( iv ) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR BY USE OF THE SERVICE; OR ( v ) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
11. NOTICE
Any notices to Company must be addressed to ppoladmin@Yearbookandpassportphoto.com information regarding the Service or the Site that the law requires us to send you. You consent to Yearbookandpassportphoto.com sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using the Site or the Service. We may provide required information to you by email at your registered email address. Notices provided to you by email will be deemed given and received on the transmission date.
12. INTELLECTUAL PROPERTY POLICY
If you believe that your work has been used in a way that constitutes copyright infringement, please notify the Company at ybppadmin@Yearbookandpassportphoto.com by providing all of the following in writing: (1) identify the copyrighted work that You claim has been infringed on the Site or if multiple copyrighted works, then a representative list of such works; (2) identify the material on the Site that you claim is infringing and that is to be removed with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the Site or termination of the posting account.
13. INTELLECTUAL PROPERTY POLICY
You agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format, constitute the complete agreement between the Company and You, and supersede all prior agreements between the Company and You. This Service Agreement is governed by the laws of the State of Washington, U.S.A. without regard to its conflict of law provisions. All disputes related to or arising from this Service Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington, and You consent to such jurisdiction and venue by accessing the Site or using the Service. If any provision of Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. The Company's failure to act or your failure to act with respect to a breach does not waive the Company's right or your right to act subsequently. You may not assign or transfer rights or delegate any duties under this Service Agreement. The Company my assign its rights or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets.
Privacy Policy
1. Our commitment to Privacy.
Our members and users privacy is important to us. As a result, to better protect your privacy, we provide this notice, which explains how we protect your privacy, our online information practices and the limited circumstances where we may be forced to disclose your information.
2. The Information We Collect and the Way We Use Information.
In order to access the Site and use the Service, You will have to provide us with your name, date of birth, address, email address, telephone number and, in some cases, credit/debit card information. The information we collect from you is used for our internal purposes only and is not shared, sold or rented to any entities or individuals outside of the Company.
3. Cookie Used.
We of third party advertisers on our site may use cookies to deliver content related to your specific interests or other purposes. A cookie is a piece of data stored on the user's hard drive containing information about such a user. Usage of the cookie is in no way linked to any personally identifiable information.
4. Our Commitment to Data Security.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of the information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. In addition, we do not collect or maintain or maintain information at the Site from anyone we actually know is under the age of 13, and no part of our web site is structured to attract anyone under the age of 13.
5. Third Part Advertisements.
Advertisement that appear on the Site are sometimes delivered directly to users by third party advertisers. The third party advertisers automatically receive an IP address when this happens. This third party advertisers may also download cookies to a user's computer, or use other technologies such as a Java script and web beacons (also known as "1x1 gifs" to measure the effectiveness of their ads and to personalize advertising content. This process allows the advertising network to recognize your computer each time they send You an advertisement, which allows such parties to measure the effectiveness of their ads and to personalize advertising content. in this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Company does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to contact information stored on the Company unless You choose to share it with them, although this privacy policy cover the use of cookies by the Company only and does not extend to the use of cookies or other tracking technologies by any third party advertisers.
6. When it is Necessary for Us to Disclose Your Information.
We will disclose your personal information when required to do so by law or in the good-faith belief that such action is necessary to:
7. How to Contact Us.
Should you have other questions or concerns about this privacy policy, please send us an email at ybppadmin@Yearbookandpassportphoto.com
