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Terms of Use

Photozig Terms of Service for Your Personal Use

Welcome! By using this web site and other services provided by Photozig, Inc. ("Photozig"), you agree with the terms and conditions described below.

If you do not agree to these terms and conditions, you must immediately stop to use and to access this website and other services provided by Photozig. If you remain on this website or access other services provided by Photozig, you agree to be bound by this Terms of Service. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS SITE AND THE SERVICES IS PROHIBITED.

1. PHOTOZIG SERVICES

Photozig provides online services, content or products ("Photozig Services"), which means websites, desktop software, online software, or other Internet services, owned, controlled or operated by Photozig or affiliated with third parties including, but not limited to, photozig.com, photozig.net, pepcast.com, pepblast.com, lifezig.com, icarefamily.com, or any subsequent site owned and/or controlled by Photozig.

Photozig Services may be provided to you under this agreement to enable individuals to accumulate, store, organize, modify, print, share, and retrieve digital pictures, movies, recorded audio, and related structured data ("Digital Media"); create and distribute Digital Media in selected formats; and access third-party products and services.

Such services are available for your personal, non-commercial use only.

You understand and agree that Photozig Services are provided "as is" and that Photozig assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or communicate any user or third-party data or personalization settings. You are responsible for obtaining access to the Photozig Services. That access may involve third party fees (such as ISP charges or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Photozig Services.

The content of Photozig Services is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.

2. REGISTRATION OBLIGATIONS

In consideration of your use of the Photozig Services you represent that you are of legal age to form a binding contract and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Photozig Services' registration process ("Registration Data") and to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Photozig has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Photozig has the right to suspend or terminate your account and refuse all current or future use of the Photozig Services.

3. RESTRICTIONS ON USE

3.1 You may not make or distribute copies of the Photozig Services, or electronically transfer them from one computer to another, over the Internet, or over any network.

3.2 The Photozig Services is licensed as a single product. Its component parts may not be separated for use. You may not reverse engineer, decompile, or disassemble the Photozig Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3.3 You may not distribute, modify, sell, resell, assign, pledge, sublicense, loan, rent, lend, lease, or otherwise transfer the Photozig Services, or any parts thereof in any form to another person or entity. You are specifically prohibited from charging or requesting donations for any copies of the Photozig Services, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission. You may not create, sell, or distribute derivative works based upon the Photozig Services, or any part thereof.

3.4 You may not export the Photozig Services into any country prohibited by the United States Export Administration Act and the regulations.

3.5 You must not remove from the Photozig Services, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings.

3.6 You may not use the Photozig Services: (i) for any unlawful purposes; (ii) to display or transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; (iii) to display, copy or utilize any material that you do not have rights or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party; (iv) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (v) engage in any defamatory, harassing, or slanderous conduct; (vi) to post or transmit any material which is likely to cause harm to Photozig or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access, defect, error, malfunction, or corruption to the Photozig Services; and (vii) for any commercial purpose. Photozig does not control User Content in Photozig Services and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Photozig Services.

3.7 You may not (i) use the Photozig Services to tamper with, spoof, or attempt to obtain unauthorized access to Photozig's servers or databases; (ii) use the Photozig Services in violation of any applicable laws in the jurisdictions in which you use the Photozig Services; (iii) attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Photozig Services; or (iv) permit any other party to do any of the foregoing.

3.8 By browsing, downloading, searching, or analyzing any part of Photozig Services, this web site or other web sites managed by Photozig, Inc., if you are an employee, consultant, contractor, robot, agent, supplier, company, agency, any other person, automated system, or organization working for, informing (paid or unpaid), or providing services to stock photo houses such as Getty Images, Corbis, or any other company or organization related to copyright management, you agree to report any potential copyright infringement (images, videos, audio, or any media asset) on any websites or materials under the responsibility of Photozig, Inc. by writing to Photozig, Inc. (PO Box 128, Moffett Field, CA 94035-0128) at the time that you found this potential copyright infringement, so that Photozig, Inc. can remove the image or media asset in question expeditiously. By failing to comply with these terms of use, you waive any liability that Photozig, Inc. may have related to this matter.

4. OWNERSHIP

You agree that the Photozig Services, and all intellectual property, title, copyrights, and proprietary rights therein are owned by Photozig, including but not limited to any executable software codes, images, photographs, animations, video, audio, music, and text incorporated into Photozig Services, the accompanying printed materials, and any copies of the Photozig Services. Photozig reserves title and all right and interests in and to the Photozig Services, including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this agreement, and all rights not expressly granted are reserved by Photozig.

5. THIRD PARTY AFFILIATE PRODUCTS AND SERVICES

Photozig may provide links to affiliate companies ("Third Party Affiliate"). Photozig may also offer services, distribute or sell products from Third Party Affiliates through the Photozig Services. Photozig is not responsible for evaluating, and Photozig does not warrant the offering of, any of these affiliate businesses, individuals, or the content of their web sites. Photozig does not assume any responsibility or liability for the content, product and actions of all and any Third Party Affiliate. If you decide to use a Third Party Affiliate services or products, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Affiliate services or products. Your participation in such Third Party Affiliate services or products indicates your acceptance of such terms and conditions. You agree that the Third Party Affiliate, and not Photozig, is responsible for the performance of the Third Party Affiliate services and products. By downloading, installing, or using products, content, or services from a Third Party Affiliate, you must agree to their terms and conditions and acknowledge and agree that Photozig does not guarantee that any download through Photozig Services will be free of viruses or other forms of corruptive code. Photozig expressly makes no representations or warranties concerning the performance, effectiveness or any other aspect of any Third Party Affiliate products and services. In no event shall Photozig (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Third Party Affiliate product or service accessed through the Photozig Services.

6. INTELLECTUAL PROPERTY AND PRIVACY

6.1 You acknowledge and agree that the Photozig Services may electronically transmit certain information to Photozig automatically during the use of the Photozig Services, such as diagnostics, software/hardware configuration, and performance data of the Photozig Services. Any information from this transmission may be used by Photozig to diagnose, improve, or correct errors of the Photozig Services. If you use Photozig Services, your email address, User Content and other information will be stored on Photozig's servers, and by using this feature you expressly consent to this storage along with all other Photozig terms of service and privacy policy. As a condition of this agreement, Photozig may gather end-user registration and hardware and software version information during activation of the certain parts of Photozig Services. This information will be used to notify customers and make decisions about support, product and business issues.

6.2 You understand and agree that you may not use the Photozig Services to infringe upon or violate the intellectual property, privacy, publicity or other rights of third parties, including without limitation the rights in any sound recordings, songs, photographs, artwork, and/or other copyrightable works of any kind or nature. You hereby represent that you own or have the right to use all User Content in connection with the Photozig Services. You hereby agree to defend, indemnify and hold harmless Photozig, Inc. and its parents, subsidiaries, affiliates, successors, licensees, agents, attorneys, heirs and assigns, and the officers, directors and employees of Photozig, from and against any and all third-party claims, liabilities, costs and expenses (including attorneys' and accountants' fees reasonably incurred) in connection with any breach or alleged breach by you of any covenant, representation or other provision of this agreement, or any of your obligations hereunder.

6.3 Photozig undertakes no obligation to review or screen any User Content posted on the Photozig Services. However, Photozig reserves the right to: (i) remove any User Content that Photozig reasonably believes may infringe upon or violate the intellectual property, privacy, publicity or other rights of third parties or be defamatory, obscene, slanderous, or otherwise illegal; and/or (ii) terminate your right to use the Photozig Services.

6.4 You agree that by utilizing any service of Photozig Services, you are: (i) agreeing to all terms of service, privacy policies, and other policies of said service, whether or not you have explicitly acknowledged those policies; (ii) explicitly granting to Photozig, its affiliates and/or the provider of said service a royalty free, non-exclusive license to display, publicly perform, manufacture, distribute and/or sell, any and all User Content uploaded via the Photozig Services for the purpose of creating a products for yourself or third parties or to otherwise uploaded or published to the Photozig Services; (iii) explicitly granting Photozig, its affiliates the right to change, edit or otherwise revise the User Content at their sole discretion when creating and/or manufacturing the products; and (iv) warranting that you own or control all necessary rights to the User Content and that your use of the User Content does not violate any law, regulation or other parties' rights. Photozig makes no representations or warranties concerning the performance, suitability, availability or any other aspect of any Photozig Services. Photozig reserves the right to stop or substitute any Photozig Services, at any time and for any reason.

7. NO WARRANTIES

THE PHOTOZIG SERVICES AND ANY RELATED DOCUMENTATION ARE PROVIDED AND LICENSED TO YOU "AS IS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM PHOTOZIG, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE RISK AS TO, AND ACKNOWLEDGE THAT YOU RELY SOLELY AT YOUR OWN RISK ON, RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF PHOTOZIG SERVICES. SHOULD THE PHOTOZIG SERVICES PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING IN CONNECTION WITH SUCH DEFECTS AND ALSO ASSUME THE RISK OF ANY LOSS RELATED TO USE OF THE PHOTOZIG SERVICES.

YOU ACCEPT ALL RISKS THAT MAY ARISE FROM THE USE OF THE PHOTOZIG SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING USER CONTENT OR DATA.

PHOTOZIG EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND VERACITY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PHOTOZIG SERVICES. WITHOUT LIMITING THE FOREGOING, PHOTOZIG SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE PHOTOZIG SERVICES, PHOTOZIG'S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE PHOTOZIG SERVICES WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE PHOTOZIG SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOZIG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PHOTOZIG SERVICES. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS.

YOU ASSUME THE RESPONSIBILITY FOR ANY USE OF THE PHOTOZIG SERVICES. To the extent that a party may not as a matter of applicable law disclaim any implied warranty in the scope and duration of such warranty shall be the minimum permitted by law. The entire risk arising out of use or performance of the Photozig Services remains with you, as allowed by federal and state laws.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PHOTOZIG NOR ITS AFFILIATES, LICENSEES OR SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, PECUNIARY LOSSES, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE PHOTOZIG SERVICES (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PHOTOZIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. To the extent that a party may not as a matter of applicable law limit its liability, the scope and duration of such liability shall be the minimum permitted by law. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein. IN ADDITION, IN THE EVENT YOU USE THE PHOTOZIG SERVICES TO PUBLISH AND/OR CREATE PRODUCTS OR ALLOW OTHERS TO DO SAME, YOU HEREBY WAIVE AND AGREE NEVER TO ASSERT ANY AND ALL MORAL RIGHTS YOU MAY HAVE IN OR TO THE PRODUCT. Your sole and exclusive remedy in the event the Photozig Services fails to function, or in the event of any other breach of this agreement by Photozig, is to terminate this agreement and cease all use of the Photozig Services. The warranty disclaimer and limitation of liability are fundamental elements of the basis of the bargain between you and Photozig. You agree that Photozig would not be able to provide Photozig Services on an economic basis to you absent such limitations.

9. INDEMNIFICATION

You agree to indemnify and hold Photozig harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to your use or misuse of the Photozig Services or your breach of this agreement.

10. TERM AND TERMINATION

10.1 Term. Unless earlier terminated as specified in this Section 10, the term of this agreement ("Term") will commence upon your using the Photozig Services, and will continue for the period of time until this agreement is terminated by you or Photozig. You may use the Photozig Services until terminated as provided for in this agreement.

10.2 Termination by you: You may terminate this agreement at any time, by canceling the Paid Services license (if you are a subscriber of such Paid Services) as provided for in this section, and by stopping using Photozig Services. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel Paid Services by accessing your Photozig account by selecting the "My Photozig" menu option on the Photozig website (or by other alternative method accessed in Photozig web site at www.photozig.com). PAID SERVICE AGREEMENTS WITH INITIAL TERMS OF ONE YEAR OR MORE WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE YEAR TERMS UNLESS PHOTOZIG RECEIVES WRITTEN NOTICE OF CANCELLATION AT LEAST 45 DAYS PRIOR TO THE EXPIRATION DATE. Paid Service cancellation notices should be sent to: Photozig, Attn: Photozig Services Processing, PO Box 128 , Moffett Field , CA 94035-0128 . You understand and agree that termination of this agreement is your sole right and remedy with respect to any dispute with Photozig. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this agreement or Photozig's enforcement or application of this agreement; (2) any policy or practice of Photozig, including any Photozig Privacy Policy, or Photozig's enforcement or application of these policies; (3) your ability to access and/or use the Photozig Services; (4) any Photozig software or services provided by or through Photozig; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

10.3 Termination by Photozig: Photozig reserves the right to periodically and at any time modify or discontinue, whether temporarily or permanently, the Photozig Services, or any part thereof, with or without notice. You agree that Photozig shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Photozig Services.

10.4 Additional Effects of Termination. Sections 3, 4, 5, 6, 7, 8, 9, 10.4, 11 through 13 of this agreement will survive termination.

11. EXPORT CONTROL

By downloading, copying, or installing, or using Photozig Services or parts thereof, you agree and acknowledge that the Photozig Services is subject to U.S. export control law, and you will comply with all applicable laws and regulations in your use of the Photozig Services under this agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). Without limiting the foregoing, you expressly agree not to export or re-export the Photozig Services in violation of such laws or regulations, or without all required licenses and authorizations.

12. U.S. GOVERNMENT END USERS

The Photozig Services are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer is Photozig, Inc.

The functionality provided by Photozig Services is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, Photozig provides the Photozig Services to U.S. Government end users only pursuant to the terms and conditions herein.

13. MODIFICATIONS OR AMENDMENT TO THIS AGREEMENT (INCLUDING PRIVACY POLICY)

Photozig may modify the terms of this agreement at any time, including but not limited to the price, content and nature of services or terms to access the Photozig Services without notice.

14. MISCELLANEOUS

Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver of this agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this agreement do not affect its interpretation. You may not assign or transfer any of your rights or obligations under this agreement to a third party without the prior written consent of Photozig. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. Photozig may assign this agreement without consent to any third party. If any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this agreement will remain in full force and effect. Notices to Photozig must be sent to the following address, and will be deemed effective three (3) days after certified mailing, return receipt requested: Photozig, Inc., PO Box 128, Moffett Field, CA 94035-0128; notices to you may be sent to the e-mail address that you furnished when you registered for Photozig Services, and will be deemed effective upon arrival at your e-mail server. This agreement is governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising out of this agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County , California , and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. This agreement, including the Privacy Policy and the subscription registration form for Photozig Services (if applicable and upon acceptance by Photozig), is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, including, without limitation, the terms of any purchase order or other document submitted by you.

 

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