TERMS OF SERVICE
Last updated September 18, 2009
YearbookandPassportonline.com is designed to enable users to upload and resize images to meet requirement from any governmental agency or educational organization ("Service").
By accessing, browsing, or in any way using the website, Yearbookandpassportphoto.com (the “Site”), you ("You" or “User”) agree to be bound by Yearbookandpassportphoto.com Terms of Service (“Terms of Service or “Service Agreement”) and Yearbookandpassportphoto.com Privacy Policy which is incorporated herein by reference. The Terms of Service and Privacy Policy is an agreement between You and M.I., Inc., a Washington corporation doing business as Yearbookandpassportphoto.com (“Company” or “Yearbookandpassportphoto.com”). Yearbookandpassportphoto.com is alternately referred to as “Yearbookandpassportphoto.com”, “we” or “our” in this Service Agreement. Your access to 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, as well as all applicable laws, You should leave the Yearbookandpassportphoto.com’s Site and discontinue use of the Service immediately.
Yearbookandpassportphoto.com reserves the right to modify this Service Agreement and the Site from time to time at Yearbookandpassportphoto.com’s sole discretion and such modification shall be effective upon posting by Yearbookandpassportphoto.com on the Site. Your continued use of the Yearbookandpassportphoto.com Service and Site after Yearbookandpassportphoto.com has posted a revised Service Agreement signifies Your acceptance of the revised Service Agreement. As a result, it is important that You review this Service Agreement regularly and You may review the current version of the Service Agreement at any time at this http://www.yearbookand passportphoto.com/pages/terms.
YOU SHOULD READ THESE TERMS OF SERVICE CAREFULLY AS THESE TERMS OF SERVICE GOVERN YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS WITH RESPECT TO THE SITE AND SERVICE. IN ADDITION, THESE TERMS OF SERVICE INCLUDE VARIOUS LIMITATIONS 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 Criteria
Use of and registration for the Yearbookandpassportphoto.com’s Site is void where prohibited. By using the Site, You represent and warrant that You are 13 years old or older, and that You agree to and do abide by all the terms and conditions of this Service Agreement. Use of the Service is limited to only those Personal or Business Members that are 18 years old or older. By using the Service, You represent and warrant that You are 18 years old or older, and that You agreed to and do abide by all the terms and conditions of this Service Agreement. In consideration for using the Site or 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.
2. Personal and Business Accounts.
In order to use the Service and some of the features on the Site, you are required to register and provide information about yourself to us by creating an account on the Site. It is your responsibility to maintain the confidentiality of your account information, including your account password. In addition, you are responsible for all activities that occur in connection with your account. Further, you agree to notify us of any unauthorized use of your account and we reserve the right to close your account at any time for any or no reason.
3. 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 – ybpp@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.
4. Restrictions
on Use of the Site or the Service.
You agree that You will not:
5. Company
Obligation Regarding Content
Yearbookandpassportphoto.com has no obligation to maintain or store your content. Yearbookandpassportphoto.com may, at any time in its sole discretion, delete, modify or prevent from displaying to any other users, for any reason, including, but not limited to, Service cancellation or violation of these Terms of Service. Once deleted, any content you have stored on the Site cannot be retrieved.
6.
Account Termination Policy. Yearbookandpassportphoto.com reserves
the rights to delete accounts that are inactive for a period of two years from
the date of last activity in the account. In addition, Yearbookandpassportphoto.com
reserves the right to determine whether userís Content is appropriate
and complies with this Service Agreement for violations other than intellectual
property rights, including, but not limited to, pornography, obscene or
defamatory material. Yearbookandpassportphoto.com may allow other Users to flag Content as
inappropriate. Any Content that has been marked inappropriate may be
removed without notice at the sole discretion of Company and Your membership
may be terminated as well.
7. Currency. Price, fees and payment will be made in US funds.
8.
Company Proprietary Content and Other Rights.
Yearbookandpassportphoto.com or its third party licensors own the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (ìYearbookandpassportphoto.com Contentî), excluding Content created by Users. Yearbookandpassportphoto.com or third party licensors own the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Yearbookandpassportphoto.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Yearbookandpassportphoto.comís Content except as expressly authorized in writing by Yearbookandpassportphoto.com. Yearbookandpassportphoto.com does not grant any express or implied rights in Yearbookandpassportphoto.com Content and expressly reserves all rights to such Content.
9. Privacy Policy.
We do not give other companies access to your
personal information. We do not release credit card or financial information
for use by other companies. We do not share, sell or trade information
collected as part of a survey or specific details about you. For privacy
purposes, all information relating to our customers is stored on a highly
secure server, and all credit card information is stored in an encrypted format
by PAYPAL.
Be aware that certain information you post or share
with third parties like your friends or members of your network about yourself
may be shared with other users and all such sharing of information is done at
your own risk. the Yearbookandpassportphoto.com site.
We do not use cookies to match you with any outside or third party database. We
believe it is necessary to share information in order to investigate, prevent,
or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations or
suspected violations of Yearbookandpassportphoto.com terms of use, or as
otherwise required by law.
Yearbookandpassportphoto.com do not use cookies to
track your web browsing away from Yearbookandpassportphoto.com, nor can we. We
neither do nor can tell where you have been or where you go once you leave
Advertisements that appear on XOIMAGES are
sometimes delivered (or "served") directly to users by third party
advertisers. They automatically receive your IP address when this happens.
These third party advertisers may also download cookies to your computer, or
use other technologies such as JavaScript and "web beacons" (also
known as "1x1 gifs") to measure the effectiveness of their ads and to
personalize advertising content. Doing this allows the advertising network to
recognize your computer each time they send you an advertisement in order 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. Yearbookandpassportphoto.com 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 your contact information stored on Yearbookandpassportphoto.com unless you choose to
share it with them. This privacy
policy covers the use of cookies by Yearbookandpassportphoto.com and does not
cover the use of cookies or other tracking technologies by any of its
advertisers.
10. Site Availability.
Yearbookandpassportphoto.com reserves the right at any time and for no reason to modify, update or discontinue, temporarily or permanently, all or any portion of the Site with or without notice.
11. NO WARRANTY.
YEARBOOKANDPASSPORTPHOTO.COM PROVIDES THE SERVICE AND
THE SITE ìAS-ISî WITHOUT EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
TO THE EXTENT PERMITTED BY LAW, YEARBOOKANDPASSPORTPHOTO.COM 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,
YEARBOOKANDPASSPORTPHOTO.COM 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.
12.
INDEMNITY
YOU AGREE TO INDEMNIFY YEARBOOKANDPASSPORTPHOTO.COM
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.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YEARBOOKANDPASSPORTPHOTO.COM 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 MY YEARBOOK PHOTO OR PASSPORT PHOTO 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.
14. General.
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. This Service Agreement constitutes the complete agreement and supersedes all prior agreements between you and Yearbookandpassportphoto.com. This Service Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws 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; to which jurisdiction and venue you and Yearbookandpassportphoto.com each irrevocably consent. 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. Yearbookandpassportphoto.comís failure to act or your failure to act with respect to a breach does not waive Yearbookandpassportphoto.comís rights or your right to act subsequently. You may not assign or transfer rights under this Service Agreement, or delegate any duties. Yearbookandpassportphoto.com retains the right to assign its rights under this Service Agreement or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind Yearbookandpassportphoto.comís successors and permitted assigns.
15. Arbitration.
In the event of any dispute between the parties which arises under or relates to this Service Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated – with one single arbitrator presiding. The hearing shall be conducted in the Western District of Washington. The decision of the arbitrator shall be final and binding upon both parties. The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorneyís fees, and similar costs related to collecting an arbitratorís award, will be added to, and become a part of, the amount due pursuant to this Service Agreement. Notwithstanding the foregoing, the arbitration clause does not apply to either partyís claim for indemnification against third party claims. Additionally, either party may seek preliminary injunctive relief in the state or federal courts in the Western District of Washington.
16. Notices.
Any notice from you to Yearbookandpassportphoto.com must be addressed to ybpp@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.
17. Copyright
and Other Intellectual Property Policy.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Yearbookandpassportphoto.com at ybpp@ yearbookandpassportphoto.com. Provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (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 Yearbookandpassportphoto.com 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, Yearbookandpassportphoto.com 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.
