Welcome to MyPhotoAlbum. For the most part this service is all about photos, videos and sharing memories. However, for the protection of you and us, our partners and suppliers, the Terms of Use of MyPhotoAlbum are very important. Members that violate these terms will have their photo albums deleted without prior notice. We hope you enjoy using MyPhotoAlbum.

Date of Last Revision: Nov. 16, 2009

  1. TERMS OF STANDARD MEMBERSHIP.
    There is no charge for the Standard Membership as long as membership remains in "Good Standing". Good Standing is defined as successfully completing one of the following every 365 days:

      NOTES:
      • Qualifying product purchases include any of the special promotions or discount offers provided by MyPhotoAlbum , as well as the 20 free prints you received at the time of registration.
      • Members who remain in good standing can upload a maximum of 500 photos and 10 videos to their MyPhotoAlbum Account.


  2. UNACCEPTABLE CONTENT.
    MyPhotoAlbum is a service for storing, sharing and printing personal photos and videos. MyPhotoAlbum will delete your account along with all images without prior notice if you use MyPhotoAlbum for the following:

      a. COPYRIGHTED MATERIAL Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

      You represent and warrant that you own or otherwise control all of the rights to the media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the media you store in any public album does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify MyPhotoAlbum for all claims resulting from media you supply. MyPhotoAlbum has the right but not the obligation to monitor all activity and edit or remove any media that in the opinion of MyPhotoAlbum violates these conditions. You understand and agree that MyPhotoAlbum takes no responsibility and assumes no liability for any media posted by you or by any third party.

      In other words, if you post photos, videos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of another photographer, producer etc.

      b. PORNOGRAPHY: The storage and/or display of pornography or sex-related images of any kind. It is at MyPhotoAlbum 's sole discretion what constitutes pornography. Photo Galleries displaying or storing pornography will be deleted.

      c. COMMERCIAL USE: The storage and/or display of photos and videos for commercial use. This includes, but is not limited to photos and videos for auction or sales purposes. (For example: eBay, Craigslist etc.) This does not apply to club members

      d. NON-PHOTOGRAPHIC IMAGES: The storage, display, and/or distribution of non-photographic images; this includes, but is not limited to: game screen captures, movie screen captures, wallpapers, tags, anime, animated gifs, icons, avatars, emoticons, and signatures (sigs).

      e. HATE: Blatant expressions of bigotry, racism, hatred, or profanity;

      f. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;

      g. ILLEGAL MATERIALS: Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;

      h. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;

      i. DEFAMATORY: Material insulting to, or that could be considered defamatory or libelous to, other persons, institutions or companies;

      j. EXPLOITATION OF CHILDREN: Material that exploits children;

      k. COLLECTION OF PERSONAL INFORMATION: Material which attempts to collect personal information about users or visitors;


  3. ACCOUNT ACTIVITY.
    4. Your account should be active - that is, it is either receiving visitor traffic or is being updated/posted to on a regular basis. Sites that either receive no visitor traffic or are not updated for a period of 365 days will be considered 'inactive' and may be removed by MyPhotoAlbum to make room for other users. This does not apply to club members


  4. DIRECT EMBEDDING OF IMAGES OR VIDEOS.
    5. Please note you cannot directly embed photos ("<img>") into other websites. To embed photos and videos you may ONLY use the pre-created code provided by MyPhotoAlbum . You are provided with code to a single photo, single video, album slideshows, badges and links. However, you cannot directly insert, or link directly to, the photos or videos themselves. Should you attempt to directly embed photos or videos you will see the MyPhotoAlbum logo instead. Accounts that are determined to be in violation of this condition shall be subject to suspension and/or removal, at the sole discretion of MyPhotoAlbum . [more info.] This does not apply to club members


  5. DIGITAL PHOTO STORAGE.
    6. As long as you are a Member in Good Standing, MyPhotoAlbum offers free online storage of your photos, up to a maximum of 500 uploaded photos. Club Memberships have no restrictions upon the number of photos that may be uploaded.


  6. DIGITAL VIDEO STORAGE.
    7. As long as you are an Member in Good Standing, MyPhotoAlbum offers free online storage of your videos, up to a maximum of 10 uploaded videos. Club Memberships have no restrictions upon the number of videos that may be uploaded. All videos are converted to FLV format upon upload in order to optimize viewing.


  7. ALLOWABLE PHOTO & VIDEO FILETYPES.

      ALLOWABLE IMAGE FILETYPES
      • .gif (CompuServe Graphics Interchange format)
      • .jpg/.jpeg (JPEG format)
      • .png (Portable Network Graphics format)

      ALLOWABLE VIDEO FILETYPES
      • .avi (Audio Video Interleaved format)
      • .mov (Quicktime movie file format)
      • .mpeg (Moving Picture Experts Group format)
      • .mpg (Moving Picture Experts Group format)
      • .mpg4 (Moving Picture Experts Group format)
      • .m4v (Apple iPod devices format)
      • .wmv (Windows Media Video format)
      • .flv (Flash Video format)

      Any other files located by MyPhotoAlbum will be automatically deleted.


  8. FILE SIZE RESTRICTIONS



  9. CONTENT LANGUAGE.
    The textual content of your account must be entirely or predominantly in one of the following languages: Arabic, Bulgarian, Chinese (simplified), Chinese (traditional), Croatian, Czech, Danish, Dutch, English, Finnish, French, German, Greek, Hebrew, Hungarian, Italian, Japanese, Korean, Norwegian, Polish, Portuguese, Romanian, Russian, Serbian, Slovak, Spanish, Swedish, or Turkish. Accounts that do not satisfy this criterion may be removed at MyPhotoAlbum 's discretion.


  10. ACCOUNT INFORMATION.
    11. As consideration for the Services, you agree to:


  11. SALES OF PRODUCTS ("TERMS OF SALE").
    To comply with all regulations, policies and procedures of networks connected to MyPhotoAlbum . You agree not to transmit through MyPhotoAlbum 's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of MyPhotoAlbum 's service(s) or another entity's use and enjoyment of similar services. MyPhotoAlbum may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.

    1. Product Pricing & Payment Terms
      All prices are listed in U.S. dollars and are valid until altered by MyPhotoAlbum . MyPhotoAlbum accepts VISA, MasterCard, Discover, American Express and PayPal. MyPhotoAlbum reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your Order, and/or withhold upgrades to the Services if we are unable to process your credit card payment and you do not provide an alternative form of payment.

      All information that you provide to MyPhotoAlbum or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.


    2. Shipping Terms and Policies
      We attempt to ship all orders for prints within 1-2 business days. However, orders for gift products may take longer to ship, depending on the item. The estimated delivery times applicable to various methods of shipping are available on the site at the time you place your order. However, MyPhotoAlbum is not responsible for any delays in shipping. Our standard business hours are Monday through Friday, 9 a.m. to 5 p.m. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Shipping charges will be included in your shopping cart and can be viewed on the order confirmation page prior to finalizing your order. Title to products passes from MyPhotoAlbum to you upon shipment. If for some reason an item in your order is temporarily out of stock, we will hold your order until it is complete.




    3. Returns & Refunds:
        To Request a Replacement: To have your order reprinted, please submit a ticket. Please state that you would like a reprint/replacement, and provide as much information as possible about what parts of your order are affected. We will contact you, and may ask you to return the affected merchandise.

        To have your Order Refunded: If you request a refund, it will be credited to the credit card currently listed in your MyPhotoAlbum Store account. We will process your refund on receipt of the prints or gifts. (Please note that original shipping costs will not be refunded unless the entire order is returned.)

        Returns & Refunds Exceptions: We do our best to send you the highest quality products resulting from your photos. However, there are situations that are beyond our control. MyPhotoAlbum is not responsible for the following:

        1. Errors in spelling, punctuation, or accuracy in the text entered by the customer. Please preview any custom text carefully and correct any mistakes prior to placing your order. MyPhotoAlbum does not proofread for (or correct) any such mistakes.
        2. Poor quality resulting from the use of low-resolution or poor quality images. This warning symbol will appear if you select a low resolution image; at that point, you may continue to use the image, but at your own risk.
        3. Photos cropped by outside image editors. Prints from cropped photos may not turn out the way you expect. For example, a photo cropped into a square can not be printed on a rectangular print without some of the image not appearing. MyPhotoAlbum offers a "print preview" under each print to ensure customers will know what a photo will look like when printed at that selected size.
        4. Errors in user-customizable features, such as enhancements, choice of finish (where offered), cropping, border selection, size (where available) and formatting.
        5. Watermarks on photos. A watermark is a copyright notice that appears on a photo taken by a professional photographer to indicate that the copyright of the photo belongs to the photographer. Please note, if you see a watermark (copyright notice) on the photo it WILL appear on the printed version of the photo or gift.

        If you are not satisfied with your order, please contact us so we can investigate. Even if it turns out to be one of the errors listed above, we will be happy to work with you to correct the error.


    4. Product Availability and Pricing
      MyPhotoAlbum may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.


    5. Product Availablity and pricing
      6. MyPhotoAlbum may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.


    6. Product Descriptions; Pricing; Errors
      Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the page footer. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If a product offered by MyPhotoAlbum is not as described or pictured, your sole remedy is to return it in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.


  12. FEES, PAYMENT AND TERM.
    The standard service provided by MyPhotoAlbum is free. Some premium services, however, are provided for a fee. As consideration for such services you agree to pay us the applicable service fee(s).

      a. All fees are payable in US Dollars and are non-refundable

      b.The following forms of payment are accepted: PayPal, Visa, MasterCard, Discover & American Express. If you provide us with your credit or debit card information, you authorize MyPhotoAlbum to automatically charge the card listed in your account for any fees due on your account.

      c. You are responsible for keeping the credit or debit card information in your account current. This includes, but is not limited to, credit card numbers, expiration dates, billing address and contact email address.


  13. BILLING TERM AND SERVICE RENEWAL.
    Club membership is active for 365 days after the membership is purchased.

      AUTO-RENEWAL OF SERVICE.
        a. If Club Membership Service was paid for with a credit or debit card it will automatically renew each year on the Billing Date. Your Billing Date is the date upon which you joined the Club. Your credit card will be charged on this date every year. This date is displayed on the club page within your account.

        b. Recurring fees will be charged to the credit or debit card number listed in your account until you cancel auto-renew or cancel service in accordance with our cancellation policy. All charges made to your credit card will be posted from "MyPhotoAlbum" on your credit card statements.


      MANUAL RENEWAL OF SERVICE.
        a. If Club Membership Service was paid via PayPal or TrialPay it will expire each year on the Membership Expiration Date. Your Membership Expiration Date is one year after the day you joined the Club. This date is displayed on the club page within your account.

        b. To maintain uninterrupted service it will be necessary to manually renew your membership each year on or before your Membership Expiration Date.


  14. BILLING DISPUTES AND BANK CHARGE BACKS.
    15. All Bank Disputes and Bank Issued Charge Backs will result in the complete cancelation of your account. All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency. Charge Backs will result in the forfeiture of all MyPhotoAlbum services. You will be charged a $40.00 reactivation fee in order to reactivate your account after a Bank Charge Back.


  15. CANCELLATION POLICY.
    16. MyPhotoAlbum reserves the right, without notice, to cancel any user account for any reason as it deems appropriate.

    Club Membership fees are non-refundable. There are no pro-rated refunds for Club Membership service regardless of the billing cycle. If you do not wish to renew your annual Club Membership you must either cancel club membership auto-renew or cancel service.



  16. TERMINATION.
    17. MyPhotoAlbum may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to:
    MyPhotoAlbum will not be liable to you or any third-party for any termination of your access to the Service.


  17. SECURITY.
    Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.


  18. COUNTRY OF ORIGIN.
    MyPhotoAlbum reserves the right to restrict access to our servers from areas of the globe with a high level of abusive activity. These areas change periodically based on the origins of this inappropriate activity. The current restriction applies to Belarus, Bosnia-Herzegovina, Bulgaria, China, Egypt, Hong Kong, Indonesia, Japan, Malaysia, Moldavia, Morocco, Pakistan, Philippines, Romania, Russian Federation, Saudi Arabia, South Africa, South Korea, Taiwan, Thailand, Turkey, Ukraine, United Arab Emirates, Vietnam, Yugoslavia.


  19. CUSTOMER CONDUCT.
    You are solely responsible for the contents of your transmissions through MyPhotoAlbum . Your use of the MyPhotoAlbum service(s) is subject to all applicable local, state, national and international laws and regulations. You agree:
      a. To comply with US law regarding the transmission of technical data exported from the United States through MyPhotoAlbum ;

      b. Not to use MyPhotoAlbum for illegal purposes;

      c. Not to interfere or disrupt networks connected to MyPhotoAlbum ;

      d. MyPhotoAlbum reserves the right to not honor any transactions that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, hidden frames, or account duplication to defraud MyPhotoAlbum for Goods and Services. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions. You shall not earn Points or Redeem Coupons or free Prints for non-bona fide Transactions; and

      e.To comply with all regulations, policies and procedures of networks connected to MyPhotoAlbum . You agree not to transmit through MyPhotoAlbum 's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of MyPhotoAlbum 's service(s) or another entity's use and enjoyment of similar services. MyPhotoAlbum may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.


  20. ACTIONS TAKEN BY MyPhotoAlbum.
    21. To comply with all regulations, policies and procedures of networks connected to MyPhotoAlbum . You agree not to transmit through MyPhotoAlbum 's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of MyPhotoAlbum 's service(s) or another entity's use and enjoyment of similar services. MyPhotoAlbum may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.


  21. MODIFICATIONS TO AGREEMENT.
    22. You agree, during the period of this Agreement, that we may:
    1. revise the terms and conditions of this Agreement; and
    2. change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the announcements section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the announcements section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.



  22. MODIFICATIONS TO YOUR ACCOUNT.
    23. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.


  23. ANNOUNCEMENTS.
    We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominantly informative in nature and may include notices describing changes, upgrades, new products and services offered by MyPhotoAlbum or third parties or other information to add security or to enhance your identity on the internet. By accepting these Terms and Conditions and by using MyPhotoAlbum 's Services you agree to receive these communications.


  24. LIMITATION OF LIABILITY.
    You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
    1. loss or liability resulting from access delays or access interruptions;
    2. loss or liability resulting from data non-delivery or data mis-delivery;
    3. loss or liability resulting from acts of God;
    4. loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;
    5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
    6. loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.



  25. INDEMNITY.
    26. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.


  26. NO GUARANTY.
    27. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.


  27. DISCLAIMER OF WARRANTIES.
    28. You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service(s) software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.


  28. CONTENT COPYRIGHT.
    29. All media and related content uploaded to MyPhotoAlbum are copyright of their owners. In other words, your photos and videos are owned by you. All other content is copyright MyPhotoAlbum . MyPhotoAlbum will not share your images unless instructed by you. Please note, when you share or make publicly viewable a photo album, you allow recipients and viewers of that album to access and make photographic prints from the images contained in that album.


  29. CONTENT LICENSING.
    30. MyPhotoAlbum does not claim ownership of content you submit or make available for inclusion on the service. By submitting content to MyPhotoAlbum 's service, you grant MyPhotoAlbum a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the MyPhotoAlbum service. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with MyPhotoAlbum . In the event that such membership is terminated, MyPhotoAlbum will relinquish all rights to the user's content.

    This means, when you upload content to MyPhotoAlbum servers, you are granting MyPhotoAlbum permission to make your content available on the web. We will not use your photos, videos or albums in marketing materials or to promote MyPhotoAlbum without your permission.


  30. ADVERTISING
    31. Free, non-Club Member accounts are supported via advertising. By accepting this agreement you acknowledge that advertising will appear upon your album pages. MyPhotoAlbum makes no representations as to the format or content of such advertising. MyPhotoAlbum members may remove all advertising by joining the MyPhotoAlbum Club. This does not apply to club members


  31. REVOCATION.
    32. You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.


  32. RIGHT OF REFUSAL.
    33. We, in our sole discretion, reserve the right to refuse to host your photos and/or videos or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not host your photos and/or videos or register you for other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your photos and/or videos or our registering you for other Services.


  33. SEVERABILITY.
    34. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.


  34. NON-AGENCY.
    35. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.


  35. NON-WAIVER.
    36. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.


  36. NOTICES.
    37. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time. Mail shall be sent to us at MyPhotoAlbum ; 860 Lower Ferry Road, Suite 1, Ewing, NJ 08628, United States, and mail shall be sent to you at the mailing address you have provided in your registration application or as updated from time to time.


  37. ENTIRETY.
    38. You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.


  38. GOVERNING LAW.
    39. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NEW YORK, NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.


  39. INFANCY.
    40. You attest that you are of legal age to enter into this Agreement.


  40. ACCEPTANCE OF AGREEMENT.
    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.


MyPhotoAlbum Club Terms and Conditions

All of above Terms and Conditions apply to MyPhotoAlbum Club Members. The following exceptions apply:

  1. TERMS OF MEMBERSHIP:
    The requirement for "Good Standing" is fulfilled when a user joins or renews their MyPhotoAlbum Club membership. There is no requirement to make any additional purchases.


  2. ACCEPTABLE CONTENT.
    Club members are allowed to store and/or display photos for commercial use. This includes, but is not limited to, photos for auction or sales purposes.


  3. DIRECT EMBEDDING OF IMAGES & VIDEOS.
    Club members are allowed to directly display their photos and videos on other websites. This includes, but is not limited to blogs, MySpace, Friendster, Facebook, personal web sites, forums and bulletin boards.


  4. ADVERTISING.
    As a club member, all banner advertisements are removed from album pages.





If you joined before March 4, 2009 the previous terms and conditions apply.