Terms of Service & License Agreement
I. INTRODUCTION
PhotobooksNow provides individuals with the ability to produce quality photo books, greeting cards, and other products using their own photos or images for personal use. (“Services”) The following are the terms of a limited licensing agreement (“Licensing Agreement”) for use of PhotobooksNow software (“Software”), and the PhotobooksNow website (“Website”). There are also additional terms of service for use (“Terms of Service”) of the Website. Please review the Licensing Agreement and the Terms of Service carefully before downloading or using the Software, accessing the Website, or otherwise making use of any of the Services PhotobooksNow offers. PhotobooksNow may set additional terms and conditions elsewhere on the Website. Such terms and conditions are incorporated by reference here. In case of any inconsistency or conflict between these terms and conditions and any other terms located elsewhere on the Website or in other PhotobooksNow materials, the Licensing Agreement and Terms of Service provided here are controlling and shall be applied. In addition, PhotobooksNow may change the Licensing Agreement and/or the Terms of Service without notice. The most current Licensing Agreement and of Terms of Service will always be posted here. Use of the Software, Services, or Website is governed by the Licensing Agreement and Terms of Service in effect at the time of use.
II. COPYRIGHT NOTICE
PhotobooksNow is committed to protecting copyrights and will remove any materials displayed, posted, or otherwise made available on its Website or through its Services pursuant to its obligations under the Digital Millennium Copyright Act and other applicable laws. All users of PhotobooksNow’s Services are required by law to own the right or have permission to use images and other content prior to use. If anyone has reason to believe that the Software, Services, or Website have been used to infringe a copyright or violate the law, please contact our designated Copyright Agent at:
Alexander Cu
PhotobooksNow
18130 Rowland Street
Industry, CA 91748
copyright@photobooksnow.com
Those reporting potential copyright infringement should provide the Copyright Agent with detailed information regarding the specific content believed to be in violation, the basis for that belief, and contact information for PhotobooksNow to conduct further inquiry. Those reporting potential violations should be prepared to provide more information as necessary to investigate any claims fully.
III. ASSENT TO THE LICENSING AGREEMENT AND TERMS OF SERVICE
BY CONTINUING TO ACCESS OR USE THE WEBSITE, DOWNLOADING OR USING THE SOFTWARE, OR OTHERWISE MAKING USE OF THE SERVICES, YOU, ANYONE YOU ARE ACTING AS AN AGENT FOR, OR ANY ENTITY YOU ARE REPRESENTING IN CONNECTION WITH THE SERVICES (“YOU,” “USER,” OR “LICENSEE”) AGREE TO BE UNCONDITIONALLY BOUND TO THE LICENSING AGREEMENT AND THE TERMS OF SERVICE. IF THE USER DOES NOT UNCONDITIONALLY AGREE TO THE LICENSING AGREEMENT AND TERMS OF SERVICE, DO NOT CONTINUE TO USE THE WEBSITE, DOWNLOAD, INSTALL, OR USE THE SOFTWARE OR OTHERWISE MAKE USE OF THE SERVICES.
In addition, in order to comply with the Children’s Online Privacy Act, IF THE USER IS UNDER THE AGE OF THIRTEEN YEARS OLD, PLEASE DO NOT MAKE USE OF ANY OF THE SERVICES. Consult your parents or legal guardian regarding appropriate use of the Internet. If you, your parent, or your guardian has any questions or concerns, please feel free to contact PhotobooksNow at inquire@photobooksnow.com.
For ease of understanding and convenience of use, the Licensing Agreement is discussed separately from the additional Terms of Service for the Website. Some provisions may overlap but please review all sections before using the Services.
IV. LIMITED LICENSING AGREEMENT
The terms of this Licensing Agreement apply equally irrespective of the type of computer or operating system the User is availing itself of the Software, Services, or Website.
1. GRANT OF A LIMITED LICENSE
PhotobooksNow hereby grants the User a revocable, limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the Software, the Service that the software connects to and the Website only for personal, non-commercial, internal use and only in accordance with any documentation that accompanies it. This license is subject to the terms of this Licensing Agreement. In addition, use of the Website is conditioned upon the Terms of Service, below. The User represents that it is legally permitted to agree to the terms of the Licensing Agreement and therefore use the Software, Service, and/or Website. This Licensing Agreement is void where prohibited by law and, in those instances, the license to use the Software and access to the Services and Website is revoked.
2. RESTRICTIONS ON LICENSE
Except as expressly and unambiguously permitted by this Licensing Agreement or permitted by applicable law, the User shall not, nor permit anyone else to, directly or indirectly: (a) duplicate, copy, reproduce, create derivative works of, display, or distribute the Software[i]; (b) modify, translate, or adapt; (c) reverse engineer, disassemble, or decompile the Software; (d) rent, lease, loan, sell or otherwise use the Software for any commercial purpose; (e) use any device, spider, robot, automatic software or device or manual process to monitor use of the Software, Services, or Website, or to hinder or impede the proper operation of the Software, Services, or Website; (f) use any network monitoring or discovery software or device to determine how the Software, Services, or Website works or to extract information or statistics about usage or user identities, (g) take any action that, in PhotobooksNow’s sole discretion, imposes an unreasonable or disproportionately large burden on the Software or PhotobooksNow’s ability to perform the Services; or (h) use the Software, Services, or Website and in any way to disseminate content that is, in PhotobooksNow’s sole discretion, abusive, defamatory, obscene or in violation of copyright or trademark laws.
The User shall not remove or obscure any proprietary notices on the Software, Services, and/or Website. All content on the Software, Services,
and Website are protected by intellectual property laws. PhotobooksNow retains all title, ownership rights, and intellectual property rights in the Software (including any copies in whole or in part), Services, and Website (with respect to this Licensing Agreement). Unsanctioned use of such content is a violation of the Licensing Agreement and may subject the User to legal liability.
The User understands and accepts that PhotobooksNow may modify, suspend, or discontinue any part of the Software, Services, or Website at any time including the availability of any feature, database, or content. PhotobooksNow may also limit certain features and services or restrict the User’s access to any or all parts of the Software, Services, or Website without notice. The Software is protected by the copyright laws of the United States and international copyright treaties. All rights not expressly granted in this Licensing Agreement are reserved by PhotobooksNow.
3. RESTRICTIONS ON USE
The User agrees and warrants that it will not use the Software, Services, or Website to infringe the intellectual property, property, or privacy rights of others, to violate the law, or to distribute materials that the User knows or should reasonably know are abusive, harassing, tortious, obscene, libelous, or otherwise objectionable under the law. The User further agrees and warrants that it will not use the Software, Services, or Website to solicit private information from others or to create or disseminate malicious programs or files, such as bugs or computer viruses, to others.
The User is solely responsible for content that it creates and/or distributes while using the Software, Services, or Website. PhotobooksNow is not responsible for any content posted, distributed, or created using the Software, Services, or Website, nor is it responsible for any content accessed for use in connection with the Software, Services, or Website. The User assumes all risk of accessing such content.
4. THE USER’S COPYRIGHT WARRANTY
The User warrants that it has all rights required to create, use, distribute, and print all materials the User subjects to print or publication using the Software, Services, or Website.
5. ACCOUNT REGISTRATION
In order to use the Software, Services, or Website, the User may be asked to create an account with PhotobooksNow and provide a unique User Identification Name (User ID). In creating an account, the User must provide accurate and current information. Furthermore, the User may not select a User ID with the intent to impersonate another person or entity and may not select a User ID that infringes on intellectual property or other rights of another person or entity. The User may not access another User’s account or account information without permission. The User may not use its User ID or account to interfere with PhotobooksNow’s ability to perform the Services. The User is solely responsible for any activity that may occur on its account and may be liable to PhotobooksNow or others for unauthorized use. Failure to comply with these terms may result in the cancelation of the User’s account, the revocation of the User’s license to use the Software, or the denial of access to the Website or Services.
6. SOFTWARE SUPPORT
The User is not entitled to any support, upgrades, or patches (Support) for the Software, Services, or Website. PhotobooksNow may make Support available to the User at its sole discretion. If so, such Support shall be incorporated into the Software, Services, or Website and therefore subject to the terms of this Licensing Agreement. The Licensing Agreement applies to all versions of the Software, Services, and Website. The User understands that the Software and Services communicate with PhotobooksNow’s servers via the Internet in order to provide Services and Support. The User agrees to such communication which may include User ID or other account information.
7. THIRD PARTY SOFTWARE
The Software, Services, or Website may incorporate additional software from a third party with additional terms and conditions of use. PhotobooksNow is not responsible for any third party software.
The Software, Services, and Website do not secure financial transactions, such as purchases and credit card transactions. These transactions are provided through a third party under contract with PhotobooksNow and such transactions are governed by the third party’s privacy policy and terms and conditions. PhotobooksNow’s Privacy Policy is posted on its website at this link and the User acknowledges the acceptance of the Privacy Policy in agreeing to the Licensing Agreement.
8. WARRANTY DISCLAIMER
PhotobooksNow and each of its licensors provide the Software, Services, and Website “AS IS,” without any warranty of any kind. Therefore, THE USER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES USED IN CONNECTION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING PERSONAL INJURY OR ANY OTHER FORM OF DAMAGES RESULTING FROM USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING INACCURACIES IN THE CONTENT OR SUBMISSIONS PROVIDED BY THE USER IN CONNECTION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY UNAUTHORIZED ACCESS OF PHOTOBOOKSNOW’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE. THE USER DISCLAIMS ALL WARRANTIES REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE PRIVACY OF THE USER’S INFORMATION, INCLUDING BUT NOT LIMITED TO, CONTENT, E-MAIL ACCOUNT INFORMATION, FINANCIAL INFORMATION, OR TRADE SECRETS, SUBMITTED BY THE USER TO PHOTOBOOKSNOW IN CONNECTION WITH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE TIMING OR ACCURACY OF THE SERVICES PROVIDED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF IMPLIED WARRANTIES. THEREFORE, SOME OF THE RESTRICTIONS DESCRIBED IN THIS SECTION MAY NOT APPLY TO ALL USERS.
PhotobooksNow’s Software, Services, and Website were designed specifically for use in the United States of America. PHOTOBOOKSNOW MAKES NO WARRANTIES REGARDING THE FUNCTIONALITY OF THE SOFTWARE, SERVICES, OR WEBSITE ANYWHERE OUTSIDE OF THE UNITED STATES OF AMERICA. USERS WHO ACCESS THE SOFTWARE, SERVICES, OR WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLYING WITH ANY APPLICABLE LAWS FROM THAT LOCATION.
9. INDEMNITY
The User agrees to indemnify, defend, and hold harmless PhotobooksNow from any claims, losses, damages, expenses, costs, and liability, including reasonable attorneys’ fees arising from the use of the Software, Services, or Website or from the failure to abide by the Licensing Agreement or the Terms of Service. This includes any claim concerning the infringement of copyright or other intellectual property rights of any third party, or any claim for damages with respect to any of the User’s content.
10. LIMITATION OF LIABILITY
UNDER THE FULLEST EXTENT OF THE LAW, THE USER UNDERSTANDS AND AGREES THAT PHOTOBOOKSNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, RESELLERS, PARENT COMPANIES, AND OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF ITS PARENT COMPANIES (COLLECTIVELY “PHOTOBOOKSNOW AND AGENTS”) SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES ASSOCIATED WITH ANY USE OF THE SOFTWARE, SERVICES, OR WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST USE, LOST DATA, LOST GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, OR PROPERTY DAMAGE.
THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS ASSOCIATED WITH THE USER’S USE OF ANOTHER’S INTELLECTUAL PROPERTY OR COPYRIGHTED MATERIALS.
THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT FROM OTHER USERS. THE USER ASSUMES ALL RISK OF SUCH INJURY.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR THE PRIVACY OF THE CONTENT, ACCOUNT INFORMATION, OR OTHER MATERIALS SUBMITTED BY THE USER, STORED ON THE SERVERS OF PHOTOBOOKSNOW, ITS AFFILIATES, SUPPLIES, AND RESELLERS, TRANSMITTED BY THE SOFTWARE, OR OTHERWISE USED IN ASSOCIATION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS RESULTING FROM ANY UNAUTHORIZED ACCESS OF PHOTOBOOKSNOW’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS AT LAW OR IN EQUITY REGARDING ANY CONTENT OR SUBMISSIONS TO PHOTOBOOKSNOW’S WEBSITE FROM OTHER USERS OR FROM THIRD PARTIES.
THE USER AGREES THAT THE LIABILITY TO PHOTOBOOKSNOW AND AGENTS OF ANY AND ALL CLAIMS RESULTING FROM THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE IS LIMITED TO THE AMOUNTS PAID FOR ANY OF PHOTOBOOKSNOW’S SERVICES, WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.
THE USER FURTHER AGREES THAT THESE LIMITATIONS APPLY EVEN IF THE USER HAS NOTIFIED PHOTOBOOKSNOW AND AGENTS OF THE POSSIBILITY OF SUCH DAMAGES.
11. TERM OF AGREEMENT
The User may terminate this Licensing Agreement at any time. PhotobooksNow may terminate this Licensing Agreement for violation of the Terms of Service or without cause. Termination of the Licensing Agreement ends the User’s limited license to use the Software, Services, or Website. If the Licensing Agreement is terminated by either the User or by PhotobooksNow, the User agrees to cease use of the Software and remove it from all of the User’s computers, hard drives, networks, and other data storage devices.
If PhotobooksNow terminates the Licensing Agreement without cause, then PhotobooksNow will refund the User any fees paid for which no Services were performed or partially performed.
12. TERMS REGARDING GOVERNMENT USE
As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, all Software and accompanying documentation provided by PhotobooksNow are “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these terms.
13. EXPORT CONTROLS
The User agrees to comply with all laws and regulations of the U.S. Department of Commerce and the U.S. Department of Treasury, and other applicable agencies of the U.S. or foreign authorities. The User shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, The User agrees to the foregoing and represents and warrants that the User is not located in, under the control of, or a national or resident of any restricted country.
14. MODIFICATION OF AGREEMENT
PhotobooksNow may amend the Licensing Agreement at its discretion and without notice to the User. The User is responsible for reviewing and becoming familiar with any amendments. Any amendments to the Licensing Agreement shall apply prospectively to the User. Continued use of the Software, Services, and Website by the User after the Licensing Agreement has been amended shall be acceptance of the Licensing Agreement as amended.
15. RIGHT TO ASSIGN
This Licensing Agreement grants a personal license to the User. The license may not be transferred for any reason without the consent of PhotobooksNow. Doing so is a violation of the Licensing Agreement.
PhotobooksNow reserves the right to assign this Licensing Agreement and to delegate any of its obligations under this Licensing Agreement to a third party without notice to the User.
16. ENTIRE AGREEMENT
This Licensing Agreement and Terms of Service represents the complete and entire agreement between the User and PhotobooksNow regarding use of the Software and supersedes any prior agreements and representations made between the User and PhotobooksNow.
If any terms of this Licensing Agreement are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. Furthermore, if any of the terms of this Licensing Agreement is deemed invalid by a court of proper jurisdiction, such a finding shall not affect the validity of the remaining terms. Accordingly, all other terms shall remain in full force and effect. The failure of PhotobooksNow to act regarding any breach of this Licensing Agreement does not constitute a waiver and will not limit PhotbooksNow’s rights regarding that or any subsequent breaches.
17. APPLICATION OF CALIFORNIA LAW
This Licensing Agreement and all its terms shall be governed exclusively by California state and federal courts and under California law without regard to conflicts of law principles. The User consents to personal jurisdiction and venue by the state and federal courts in Los Angeles County, California. Any claims or disputes concerning the User’s use of the Software, Services, or Website, shall be decided by state and federal courts in Los Angeles County California, and shall apply California law.
The User agrees that the Website shall be solely based in California and shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, in any other state than California.
THE USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION THAT USER HAS RELATED TO THE SOFTWARE, SERVICES, OR WEBSITE MUST COMMENCE WITHIN 180 DAYS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE USER’S CLAIM OR CAUSE OF ACTION IS BARRED PERMANENTLY.
V. TERMS OF SERVICE FOR USE OF THE PHOTOBOOKSNOW WEBSITE
THE FOLLOWING ARE THE TERMS OF SERVICE FOR USING THE WEBSITE (“TERMS OF SERVICE”) CONTINUED USE OF THIS WEBSITE OR ITS SERVICES SHALL CONSTITUTE UNCONDITIONAL ASSENT TO ABIDE BY THE TERMS OF SERVICE, INCLUDING PHOTOBOOKSNOW’S PRIVACY POLICY PUBLISHED AT THIS LINK. IF YOU DO NOT AGREE TO UNCONDITIONALLY ABIDE BY THE TERMS OF SERVICE, PLEASE DO NOT CONTINUE TO USE THE WEBSITE.
1. ACCESS TO PHOTOBOOKSNOW WEBSITE
Subject to these Terms of Service, the User is granted permission to use the Website for personal, non-commercial purposes. The User agrees to comply with all of the Terms of Service, to not copy or distribute any portion of the Website without PhotobooksNow express written consent, and to not alter or modify the Website other than what was reasonably contemplated to access the Services as intended.
2. REGISTRATION
In order to use the Software, Services, or Website, the User may be required to create an account with PhotobooksNow and provide a unique User Identification Name (User ID). In creating an account, the User must provide accurate and current information. Furthermore, the User may not select a User ID with the intent to impersonate another person or entity and may not select a User ID that infringes on intellectual property or other rights of another person or entity. The User may not access another’s account or account information without permission. The User is solely responsible for any activity that may occur on its account and may be liable to PhotobooksNow or others for unauthorized use. Failure to comply with these terms may result in the cancelation of the User’s account and/or the cancelation of Services.
3. APPROPRIATE USAGE
The User agrees not to use any device, spider, robot, automatic software or device, or other device or process to access the Website in a manner that sends more requests to the PhotobooksNow servers that a person can reasonably perform using a conventional Internet web browser during a fixed period of time.[ii]
The User agrees not to collect any identifying or private information of others from the Website, including the User ID or other account information from other Users.
The User agrees not to use any communication devices made available on the Website for any commercial purposes. The User further agrees not to contact other Users for commercial purposes regarding any content submitted by any User to PhotobooksNow.
The User agrees not to disable, modify, circumvent, or otherwise tamper with, any feature or function of the website including, but not limited to, features or functions associated with protecting the privacy of PhotobooksNow’s or any other Users’ information, restricting unauthorized use of any content or any User’s submissions on the Website, or providing any of the Services.
4. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by PhotobooksNow. PhotobooksNow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The User expressly agrees that PhotobooksNow shall have no liability arising from use of any third-party website. The User is encouraged to use discretion when visiting other websites.
5. INTELLECTUAL PROPERTY RIGHTS
All content on the Website, including text, software, graphics, logos, sounds, or music and any associated trademarks or service marks, but excluding submissions from the User and other Users of the Services as described in section 6 (“User Submissions”) below, are owned by or licensed to PhotobooksNow, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Any content or information provided on the Website is for the User’s personal informational use only. The User may not copy, reproduce, transmit, broadcast, or display any of the PhotobooksNow content without first obtaining the necessary rights to do so. In addition, the User may not copy, reproduce, transmit, broadcast, or display any content provided any third parties except the other User submissions as described in section 6, including copies for personal use.
6. USER SUBMISSIONS
A. Limitations on Submissions
The User agrees and warrants that none of its submissions are protected by a copyright, trade secret, or other third party proprietary rights unless the User owns the rights to the submission or has the necessary permission to use the submission in connection with the Services and these Terms of Service and to grant PhotobooksNow and other Users non-exclusive license to use the submissions as discussed below.
THE USER AGREES NOT TO SUBMIT MATERIALS CONTAINING FALSE OR MISLEADING INFORMATION, OBSCENE, PORNOGRAPHIC, DEFAMATORY, LIBELOUS, HATEFUL, OFFENSIVE, OR COULD GIVE RISE TO CRIMINAL OR CIVIL LIABILITY IN ANY WAY. THE USER FURTHER AGREES NOT TO SUBMIT MATERIALS THAT COULD BE CONSIDERED ADVERTISEMENTS OR HAVE A COMMERCIAL PURPOSE. PHOTOBOOKSNOW MAY, IN ITS SOLE DISCRETION, REMOVE ANY SUBMISSIONS FROM THE USER IN VIOLATION OF THESE TERMS OF SERVICE WITHOUT NOTICE TO THE USER. VIOLATION OF THESE TERMS OF SERVICE MAY ALSO RESULT IN TERMINATION OF THE USER’S ACCESS TO THE WEBSITE AND SERVICES.
PHOTOBOOKSNOW DOES NOT ENDORSE ANY SUBMISSIONS BY THE USER AND EXPRESSLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE USER’S SUBMISSIONS.
B. License to Use User’s Submissions
PhotobooksNow may permit the submission of photos, videos, message postings, or other communications submitted by the User and from other Users for publication. The User understands that PhotobooksNow makes no guarantees regarding the confidentiality of any of these submissions. The User is solely responsible for its submissions and any consequences of posting or transmitting them.
The Users represents and expressly warrants that it has any and all rights required to use the materials submitted to the PhotobooksNow Website. The User hereby grants PhotobooksNow all licenses, copyrights, trademarks, or other proprietary rights (including appropriate consent of all people identifiable in any of the User’s submissions, as required by law) for all submissions necessary to allow PhotobooksNow to display, reproduce, and otherwise use any User submissions in a manner consistent with the Website or the Services. This shall include use of submissions for the purposes of promoting the PhotobooksNow Website or any of its Services.
The User further grants other Users of the PhotobooksNow Website a non-exclusive license to access, display, reproduce, or otherwise use the User’s submissions in a manner consistent with the Website or the Services.
The User retains any and all ownership of its submissions, subject to the above-referenced licenses.
C. Disclaimer
The User understands that use of the PhotobooksNow Website, Software, or Services may expose the User to submissions and content from other Users or from third parties. PhotobooksNow is not responsible for any content from any other Users or third parties.
7. WARRANTY DISCLAIMER
PhotobooksNow and each of its licensors provide the Software, Services, and Website “AS IS,” without any warranty of any kind. Therefore, THE USER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES USED IN CONNECTION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING PERSONAL INJURY OR ANY OTHER FORM OF DAMAGES RESULTING FROM USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING INACCURACIES IN THE CONTENT OR SUBMISSIONS PROVIDED BY THE USER IN CONNECTION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY UNAUTHORIZED ACCESS OF PHOTOBOOKSNOW’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE. THE USER DISCLAIMS ALL WARRANTIES REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE PRIVACY OF THE USER’S INFORMATION, INCLUDING BUT NOT LIMITED TO, CONTENT, E-MAIL ACCOUNT INFORMATION, FINANCIAL INFORMATION, OR TRADE SECRETS, SUBMITTED BY THE USER TO PHOTOBOOKSNOW IN CONNECTION WITH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE TIMING OR ACCURACY OF THE SERVICES PROVIDED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF IMPLIED WARRANTIES. THEREFORE, SOME OF THE RESTRICTIONS DESCRIBED IN THIS SECTION MAY NOT APPLY TO ALL USERS.
PhotobooksNow’s Software, Services, and Website were designed specifically for use in the United States of America. PHOTOBOOKSNOW MAKES NO WARRANTIES REGARDING THE FUNCTIONALITY OF THE SOFTWARE, SERVICES, OR WEBSITE ANYWHERE OUTSIDE OF THE UNITED STATES OF AMERICA. USERS WHO ACCESS THE SOFTWARE, SERVICES, OR WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLYING WITH ANY APPLICABLE LAWS FROM THAT LOCATION.
8. INDEMNITY
The User agrees to indemnify, defend, and hold harmless PhotobooksNow from any claims, losses, damages, expenses, costs, and liability, including reasonable attorneys’ fees arising from the use of the Software, Services, or Website or from the failure to abide by the Licensing Agreement or the Terms of Service. This includes any claim concerning the infringement of copyright or other intellectual property rights of any third party, or any claim for damages with respect to any of the User’s content.
9. LIMITATION OF LIABILITY
UNDER THE FULLEST EXTENT OF THE LAW, THE USER UNDERSTANDS AND AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES ASSOCIATED WITH ANY USE OF THE SOFTWARE, SERVICES, OR WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST USE, LOST DATA, LOST GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, OR PROPERTY DAMAGE.
THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS ASSOCIATED WITH THE USER’S USE OF ANOTHER’S INTELLECTUAL PROPERTY OR COPYRIGHTED MATERIALS.
THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT FROM OTHER USERS. THE USER ASSUMES ALL RISK OF SUCH INJURY.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR THE PRIVACY OF THE CONTENT, ACCOUNT INFORMATION, OR OTHER MATERIALS SUBMITTED BY THE USER, STORED ON THE SERVERS OF PHOTOBOOKSNOW, ITS AFFILIATES, SUPPLIES, AND RESELLERS, TRANSMITTED BY THE SOFTWARE, OR OTHERWISE USED IN ASSOCIATION WITH THE SOFTWARE, SERVICES, OR WEBSITE. THE USER FURTHER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS RESULTING FROM ANY UNAUTHORIZED ACCESS OF PHOTOBOOKSNOW’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE.
THE USER AGREES THAT PHOTOBOOKSNOW AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS AT LAW OR IN EQUITY REGARDING ANY CONTENT OR SUBMISSIONS TO PHOTOBOOKSNOW’S WEBSITE FROM OTHER USERS OR FROM THIRD PARTIES.
THE USER AGREES THAT THE LIABILITY TO PHOTOBOOKSNOW AND AGENTS OF ANY AND ALL CLAIMS RESULTING FROM THE USER’S USE OF THE SOFTWARE, SERVICES, OR WEBSITE IS LIMITED TO THE AMOUNTS PAID FOR ANY OF PHOTOBOOKSNOW’S SERVICES, WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.
THE USER FURTHER AGREES THAT THESE LIMITATIONS APPLY EVEN IF THE USER HAS NOTIFIED PHOTOBOOKSNOW AND AGENTS OF THE POSSIBILITY OF SUCH DAMAGES.
10. ENTIRE AGREEMENT
This Licensing Agreement and Terms of Service represents the complete and entire agreement between the User and PhotobooksNow regarding use of the Software and access to the Services and Website and supersedes any prior agreements and representations made between the User and PhotobooksNow.
If any terms of this Licensing Agreement or these Terms of Service are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. Furthermore, if any of the terms of this Licensing Agreement or these Terms of Service is deemed invalid by a court of proper jurisdiction, such a finding shall not affect the validity of the remaining terms. Accordingly, all other terms shall remain in full force and effect. The failure of PhotobooksNow to act regarding any breach of this Licensing Agreement or these Terms of Service do not constitute a waiver and will not limit PhotobooksNow’s rights regarding that or any subsequent breaches.
11. APPLICATION OF CALIFORNIA LAW
This Licensing Agreement and these Terms of Service and all its terms shall be governed exclusively by California state and federal courts and under California law without regard to conflicts of law principles. The User consents to personal jurisdiction and venue by the state and federal courts in Los Angeles County, California. Any claims or disputes concerning the User’s use of the Software, Services, or Website, shall be decided by state and federal courts in Los Angeles County California, and shall apply California law.
The User agrees that the Website shall be solely based in California and shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, in any other state than California.
THE USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION THAT USER HAS RELATED TO THE SOFTWARE, SERVICES, OR WEBSITE MUST COMMENCE WITHIN 180 DAYS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE USER’S CLAIM OR CAUSE OF ACTION IS BARRED PERMANENTLY.
VI. INQUIRIES
If the User has any questions or concerns regarding the Licensing Agreement or the Terms of Service, please send us a detailed message to inquire@photobooksnow.com or to the address below and a representative will be in touch with you shortly.
PhotobooksNow
18130 Rowland Street
Industry, CA 91748
[i] The User may make a reasonable number of backup copies for personal use.
[ii] Operators of public search engines are granted permission to use spiders to copy materials from the site for the purpose of publicly available search indices. Operators are not given permission to archive such materials and PhotobooksNow reserves the right to revoke these exceptions as it sees fit.
