Membership Agreement & Terms Of Use

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT CONDITIONS THAT AFFECT YOUR RIGHTS. BY CHECKING THE CORRECT BOX UPON REGISTRATION, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT HAS TO BE PRINTED FOR YOUR RECORDS.

This Agreement governs your use of the Albumo.com website, your special access to the Albumo.com website, and your right to upload and download photographs, illustrations and/or any other media or Content from the Website, and all other services offered by Albumo.com.

1.ACCEPTANCE OF TERMS

This Website is owned and operated by HOME MINES, LLC (“Home Mines”). Access and use of this Website is provided by Home Mines, LLC to you on condition that you accept these Terms of Use, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept these Terms of Use you should not access or use this Website in any possible form.The services that Albumo.com provides to its Member and public in general are subject to the following Terms of Use ("TOU"). Albumo.com reserves the right to update the TOU at any time with notice to Member’s account. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web page.

A.This Agreement, which incorporates by reference other provisions applicable to use of Albumo.com, including, but not limited to, governing the use of certain specific material contained in our website, sets forth the terms and conditions that apply to use of Website by Members or public. By using Albumo.com services (other than to read this Agreement for the first time), Member agrees to comply with all of the terms and conditions hereof. The right to use member’s portion of Albumo.com is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member’s Account (under any login name or password) and for ensuring that all use of Member’s Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member’s password(s).

B.Albumo.com shall have the right at any time to change or discontinue any service or feature of website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

C.Persons under the age of 18 are not eligible to use this site unsupervised. By using this website unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

2.CHANGED Terms

Albumo.com shall have the right at any time to change or modify the terms and conditions applicable to Member’s use of Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of Website by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.

3.DESCRIPTION OF SERVICES AND MEMBERSHIP

Through its Web property, Albumo.com provides Member with access to a variety of resources, including download areas, uploading tools and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

a)Albumo.com is an online solution where members of Website can upload and download images, photos, illustrations (the Content) for selling, sharing or storage purposes. Albumo.com is divided into two portions: for public and for members. The public portion gives to all visitors’ rights: a) access general information about the Website, b) view images, photos and illustrations (shared and for sale) on the Website c) use search engine to look for content on the Website, d) register to become Members, as described below. The Member’s part is only accessible by Members. The Member’s portion gives to Members (in addition to all services available in the public section) rights: a) access and manage their accounts on the Website b) upload and download Content onto and from Albumo.com website in accordance with Content Upload Agreement or Content Download Agreement.

b)Visitors who register for Albumo.com in order to become a Member, will select the user name (“Login Name”) and the user password (“Password”) to create Membership Account.

c)Members shall upload the Content through their Membership Accounts, and this Content will be subject to Content Upload Agreement. By uploading content, intended for sale, such as images, photographs, illustrations files, Member agreement to give Albumo.com and all members of Website, through the direct use of Website, perpetual, non-exclusive, non-transferable license to use Content for any purpose including publication, displaying, modification, and creation of derivative works.

d)Albumo.com has the right to license Content, which is intended for sale, up until the time Member removes such Content from the Website. Albumo.com shall pay Member the fee in accordance with Price Chart on the Website for each download of the content, which is intended for sale, by other member of the Website. Albumo.com may also, in its discretion, place limits on the uploading of Content.

e)Members shall download Content through their Membership Accounts, and this Content will be subject to then Content Download Agreement. Members will be able to download Content intended for sale for a particular use(s) only if they pay in accordance with Price Chart on the Website, and only if they agree to the Content Download Agreement for this Content and such use(s).

4.Member Conduct

A.Member shall use Website for lawful purposes only. Member shall not post or transmit through Website any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Albumo’s.com express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in Albumo’s.com discretion restricts or inhibits any other Member from using Website will not be permitted.

B.Website contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics, and the entire content of Albumo.com are copyrighted as a collective work under the US and international copyright laws. Albumo.com and its partners own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted under the terms of the Royalty Free License Content Download Agreement, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.

C.Member may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any of downloaded shared Content, in whole or in part, otherwise as provided to Member as part of the services by Albumo.com.

D.Member understands that by using Albumo.com, He or She may be exposed to Content that He or She find offensive or objectionable.

5.MEMBER ACCOUNT, PASSWORD, AND SECURITY

Member must complete the registration process by providing Albumo.com with current, complete and accurate information as prompted by the applicable registration form. Member also will choose a Password and a Login name. Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member’s account. Member agrees to notify Albumo.com immediately of any unauthorized use of Member’s account or any other breach of security. Albumo.com will not be liable for any loss that Member may incur as a result of someone else using Member’s password or account, either with or without Member’s knowledge. However, Member could be held liable for losses incurred by Albumo.com or another party due to someone else using Member’s account or password.

6.CONTENT PROVIDED TO ALBUMO.COM

The copyright of all Content uploaded by Members is held by Members. Members may not upload content to which they do not own the copyrights. Albumo.com does not claim ownership of the Content Members provide to Albumo.com (including feedback and comments) or upload to Albumo.com. However, by uploading Content which is intended for sale, Member is granting Albumo.com, permission to use such Content in connection with the operation of its Internet business (including, without limitation, all Albumo.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Content; to publish Member’s name in connection with Member’s Content; and the right to sublicense such rights to any Member of the Website.
Albumo.com is under no obligation to post or use any Content Member may provide and Albumo.com may remove any Content at any time in its sole discretion. By uploading a Content Member warrants and represents to own or otherwise control all of the rights to Member’s Content as described in these Terms of Use including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the Content.

In addition to the warranty and representation set forth above, by uploading a Content, Member warrant and represent that (a) Member is the copyright owner of such Content, (b) Member have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in Content, which intended for sale, has provided consent (Model Release) to the use of the Content as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.

7.CREDITS

Transactions on the Albumo.com shall be conducted using Albumo’s credits. Credits can be purchased online through PayPal within the member’s account of the Website.
The price of credits purchased through the Albumo.com will be specified on the Website at the time of your purchase. By approving the purchase of the product or service, you authorize Albumo.com to charge your PayPal account, for the total amount of the purchase.

8.REFUND POLICY AND EXPIRATION OF CREDITS.

Credits will expire 365 days after purchase. Albumo.com shall not be obligated to grant any refund or reimbursement for removed download credits.
All sales and downloads are final however Member may ask for a refund of his or her purchase within 15 days from the purchase date (note that this is possible only if you are able to immediately remove all images used in different areas and that you are going to provide a good reason for your request.
Albumo.com also agrees to refund download credits if the Content which Member downloaded is defective.

9.Disclaimer of Warranty; Limitation of Liability

A.MEMBER EXPRESSLY AGREES THAT USE OF ALBUMO.COM WEBSITE IS AT MEMBER’S SOLE RISK. NEITHER ALBUMO.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH ALBUMO.COM.

B.WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT ALBUMO.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.

D.IN NO EVENT WILL ALBUMO.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE ALBUMO.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E.IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALBUMO.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F.FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

10.LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE ALBUMO.COM WEBSITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF ALBUMO.COM AND ALBUMO.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. ALBUMO.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. ALBUMO.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ALBUMO.COM OF THE WEBSITE.

11.MonitoringAlbumo.com

shall have the right, but not the obligation, to monitor the content of Website, to determine compliance with this Agreement and any operating rules established by Albumo.com and to satisfy any law, regulation or authorized government request. Albumo.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, Albumo.com shall have the right to remove any material that Albumo.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12.Indemnification

Member agrees to defend, indemnify and hold harmless Albumo.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Albumo.com by Member or Member’s Account.

13.TerminationEither Albumo.com

or Member may terminate this Agreement at any time. Without limiting the foregoing, Albumo.com shall have the right to immediately terminate Member’s Account in the event of any conduct by Member which Albumo.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. Upon termination of Member’s access to his or her portions of the Site, member agrees to forfeit all download credits remaining in member’s account.

14.Miscellaneous

This Agreement and any operating rules for Website established by Albumo.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

15.ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ALBUMO.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ALBUMO.COM RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.

16.COPYRIGHT NOTICE

Albumo.com, its logos and slogans are trademarks of Home Mines, LLC. All rights reserved. All other trademarks appearing on Albumo.com are the property of their respective owners.

Any rights not expressly granted herein are reserved.