Welcome to Photo Album Wizard. Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when using this Service.

These Terms may be updated by us from time to time without notice to you. The current version of the Terms may always be viewed at the following link – http://photoalbumwizard.com/FP_Terms.asp

Any and all additions and/or modifications to the Service are subject to these Terms.

By using this Service you agree to be bound by these Terms. All the provisions contained in the Terms are applicable to all users of the Service, including users of the demonstration feature of the Service.

Top

Operator

This Service is operated by DNAML Pty Limited, incorporated in Australia, whose registered address is Level 1, Frank Hurley Grandstand Building, Fox Studios Australia, Moore Park, NSW 1363 (“the Company”).

Purpose of Service

Photo Album Wizard is a Service that enables users to upload, store, edit and share digital images (the “Service”).

Availability and access

We will use reasonable means to ensure that the Service is available 24 hours a day 7 days a week. There will be times when the Service is interrupted for maintenance, upgrades and repairs or as a result of telecommunications and equipment failure that are beyond our control. We will take steps to minimise such disruption where it is within our control. You agree that we will not be liable to you for any modification, suspension, discontinuance or lack of availability of the Service.

You are responsible for obtaining access to the Service and for the equipment required to achieve this. To do so may also require the involvement of third parties (such as Internet Service Providers). You are responsible for all fees charged by third parties in this regard.

Top

Privacy

We are committed to protecting your privacy. We invite you to review our Privacy Policy on the following link – http://photoalbumwizard.com/FP_Privacy.asp

Communications and advertising

You understand that the Service may include advertisements.

We may from time to time send messages to you relating to the Service. Furthermore we may send messages concerning other service and product offerings. You accept that you will not be able to opt out of receiving these messages.

Dealings with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Top

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Proprietary rights of the Company

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.

Top

Amendment of Terms

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Applicable law and jurisdiction

This Agreement shall be deemed to be made in the state of New South Wales, Australia, and shall in respects be interpreted, construed, and governed by and in accordance with the laws of the state of New South Wales. Any legal action initiated in relation to this Agreement must be brought in Sydney, New South Wales.
Advice for international use

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Top

Registration

To purchase from or register as a member of the Service you must be 18 years of age or over.

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, as this is the primary method by which we will communicate with you.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Top

Account, Password and security

You will receive a password and be assigned an account upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and/or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this clause.

We reserve the right at our sole discretion to require you to alter your password if we believe that your password and/or account are no longer secure.

Top

Right to return

There is no right of return on any transaction undertaken on this Service.

Copyright of images

We do not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfil any other related tasks for you or for those you have shared your images with, you grant to us a world-wide, non-exclusive, royalty-free license to use, copy, modify, adapt, reproduce, distribute, and display those images. Note that when you share images, you allow the recipients to share and make photographic prints from those images.

Top

Reporting copyright violations

If you believe that your copyright has been infringed upon or your intellectual property rights have been otherwise violated, please provide us with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please submit the above information via our online form (click here) or by mail or fax.
Postal address as follows:
PO Box 875, Strawberry Hills, Sydney, NSW 2012, Australia
Fax number - +61 2 8353 3683

Top

Conduct

You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you use. Images that are protected by copyright should not be uploaded, shared or copied using the Service.

You agree not to use the Service:

a. for any unlawful purpose;
b. to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, hateful, or racially, ethnically or otherwise objectionable;
c. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
d. 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;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to upload, post, email or otherwise transmit any material which is likely to cause harm to us 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 unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make images hosted on the Service available for viewing by the general public through a publicly posted link to the image or otherwise;
h. for any commercial purpose.

Top

You further agree that you shall not:

Interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or

Provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

Monitoring of service

We do not control the content of members' accounts and do 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 Service.

You acknowledge that we may or may not screen content, but that we have the right (but not the obligation) at our sole discretion to screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any content that violates these Terms or is otherwise objectionable.

You acknowledge, consent and agree that we may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of our employees and associates, users and the public.

Top

Suspension and termination of accounts

You agree that we may at any time without notice:

a. refuse to accept your application to become a member of the Service;
b. move or suspend any part of the Service; or
c. refuse to fulfil any order, or any part of any order or terminate your account and delete any Content stored in your account if, at our sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

Top

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "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.
b. WE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE - DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Top

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.

Top

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

Notice

We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

Top

General

Entire Agreement

These Terms constitute the entire agreement between the Company and you (the “Agreement”) with respect to your use of the Service and supersede any previous agreements.

Waiver and Severability of Terms

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Top

No Right of Survivorship and Non-Transferability

You agree that your account is non-transferable and any rights to your account or contents therein terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Top

References

Within these Terms the Company is also referred to as “We”, “Us” and “Our”.

References to the Singular include the plural and vice versa.

Assignment

The Company may assign its ownership in this Service without prior written notice to you.

Content

Content refers to images and text used within the Service.

Comments

We are always interested to receive feedback on the Service.

Submit feedback at the Contact section of this web site at - www.photoalbumwizard.com/FP_Contact.asp