Photobird - Terms of Use

Photobird.com Terms of Use Agreement

Welcome to Photobird.com! We hope that you find the website easy to use, productive, and fun. We have designed Photobird.com with the photographer, your photographs, and your viewing audience in mind. We appreciate your feedback so that we may improve your Photobird.com experience.

To ensure that you enjoy your visit and to protect you, our suppliers, and us, we have compiled this Terms of Use agreement. We have tried to make this agreement as easy to read and as easy to understand as possible. Please read this agreement and our other legal notices to understand your rights and our rights.

This Terms of Use agreement was updated on April 11, 2009.

1. Acceptance of Terms

1.1 PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any material, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms and conditions described in this Terms of Use agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT, DO NOT USE THIS WEBSITE IN ANY MANNER. This Terms of Use agreement is entered into by and between Photobird, LLC and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept this Terms of Use agreement on your employer's behalf.

1.2 Right to Modify . You acknowledge and agree that Photobird, LLC reserves the right, at the sole discretion of Photobird, LLC, to change, modify, update, add, or remove portions of this Terms of Use agreement at any time without notice to you. Please check this Terms of Use agreement for changes. Your continued use of this website following the posting of changes to this Terms of Use agreement will mean you accept those changes.

2. Copyrights and Intellectual Property Rights

2.1 Adhering to Copyrights and Intellectual Property Rights . You acknowledge and agree that you will not use the website to violate anyone's copyright, trademark, or other intellectual property rights.

2.1.1 You acknowledge and agree that by submitting, posting, or uploading photographs, images, and other material to the Photobird.com website, you attest that you are the sole copyright holder for that material, or are making your submission with the express consent of the owner, and that you own or otherwise control all of the rights to your materials as described in this Terms of Use agreement including, without limitation, all the rights necessary for you to publish, post, upload, e-mail, distribute, link to, transmit, submit, disseminate, or otherwise make available the materials via the website and our services.

2.1.2 Do not upload material that is not your original work, or for which you do not have a copyright.

2.1.3 You understand that submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.

2.1.4 You acknowledge and agree that by submitting, posting, or uploading photographs, images, and other material to the Photobird.com website, you have the rights necessary to grant the licenses and sublicenses described in this Terms of Use agreement, and that each person depicted in your materials, if any, has provided consent to the use of the materials as set forth in this Terms of Use agreement, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such materials.

2.1.5 You acknowledge and agree that all content contained in this website is the copyrighted property of Photobird, LLC, its subscribers, its contributors, affiliated companies, and/or third-party licensors, and is protected by United States and international copyright laws.

2.2 Proprietary Rights . You acknowledge and agree that the website and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

2.2.1 You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through the website and services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

2.2.2 Except as consented to by Photobird, LLC in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website or services, in whole or in part.

2.3 Limited License Granted . You acknowledge and agree that Photobird, LLC grants you a limited license to access and make personal use of this website but not to download (other than page caching) or modify the website or any portion of the website, except with the express written consent of Photobird, LLC. This license does not include any resale or commercial use of this website or its contents.

2.3.1 Unless otherwise specified in this Terms of Use agreement, you acknowledge and agree that the materials and services on this website are for your personal and non-commercial use, and you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell, rent, lease, loan, sell, or create derivative works from any information or services obtained from the website without written permission from Photobird, LLC.

2.3.2 You understand and agree that you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Photobird, LLC and its suppliers without express written consent of Photobird, LLC.

2.3.4 You understand and agree that you may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Photobird, LLC and its suppliers without the express written consent of Photobird, LLC and its suppliers.

2.3.5 You acknowledge and agree that any unauthorized use terminates the permission or license granted by Photobird, LLC.

2.3.6 You acknowledge and agree that Photobird.com subscribers maintain the copyright on the photographs, images, and other material that they upload and post in their account. Photobird.com subscribers are not required to obtain written permission from Photobird, LLC, as they own the copyright to their photographs, images, and other content that they upload and post in their account.

2.3.7 You acknowledge and agree that visitors to the Photobird.com website must receive written permission from the Photobird.com subscriber whose material the visitor would like to use. Visitors may contact subscribers via the subscribers' photo albums to obtain permission.

2.4 Ownership and Permission . You acknowledge and agree that unless otherwise specified, Photobird, LLC does not claim ownership of the materials you provide to Photobird, LLC and the Photobird.com website, including, without limitation, photos, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by Photobird, LLC, the general public, and/or by the members of any public or private community, and such materials shall be deemed not to be confidential.

2.4.1 However, you acknowledge and agree that by posting, uploading, inputting, providing or submitting your materials, you, or the copyright holder in case you are acting for another, grant Photobird, LLC, its suppliers, and necessary sublicensees a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable (through multiple tiers) license to:

2.4.2 In addition, you acknowledge and agree that you are not entitled to any compensation for such use. However, Photobird, LLC will not use your materials without attributing them to you, without your agreement.

2.5 Confirmation Request . You acknowledge and agree that Photobird, LLC may request confirmation of the copyright or trademark ownership from the subscriber.

2.5.1 You acknowledge and agree that Photobird, LLC reserves the right to suspend your access to any service or the public release of any material before such confirmation is received. If Photobird, LLC does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Photobird, LLC reserves the right to share certain account information with governmental organizations or other third parties.

2.5.2 If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. You acknowledge and agree that in the event of any such dispute, Photobird, LLC reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved.

2.6 Photobird, LLC Trademarks . Photobird, Photobird.com, the pelican logo, and other graphics, logos, page headers, button icons, scripts, products, and service names are trademarks or trade dress of Photobird, LLC in the United States and other countries.

2.6.1 Photobird, LLC's trademarks may not be used in connection with any product or service that is not Photobird, LLC's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Photobird, LLC.

2.6.2 You agree not to display or use in any manner the Photobird, LLC trademarks without Photobird, LLC's prior written consent. Photobird, LLC respects the intellectual property of others, and we ask our users to do the same.

3. Posting, Uploading, and Providing Materials to Photobird.com

3.1 Definition . You understand and agree that "Your Materials" is defined as any photo, picture, image, sound, movie, video, text, personal or public information, or other material you provide to us, directly or indirectly, publicly or privately, in the registration process or through the use of our services, in any public or private area, or through e-mail or online discussion forum.

3.2 You Maintain Responsibility for Your Materials . You acknowledge and agree that you (and not Photobird, LLC) are entirely and solely responsible for all of the materials that you publish, post, upload, e-mail, distribute, link to, transmit, submit, disseminate, or otherwise make available via the website and our services, and that Photobird, LLC acts as a passive conduit for the online distribution and publication of your materials.

3.2.1 You acknowledge and agree that Photobird, LLC does not control your materials and does not guarantee the accuracy, integrity, or quality of your materials.

3.2.2 You acknowledge and agree that Photobird, LLC is serving as a facilitator for your materials, and that Photobird, LLC does not represent you, nor serve as your representative.

3.2.3 You acknowledge and agree that photo albums and the photos contained within those albums that you have identified as "hidden" offer no less degree of privacy and security than those albums that you have not identified as "hidden", despite Photobird, LLC's reasonable efforts to ensure that no person, except for those people you identify and allow, have access to your "hidden" albums. Furthermore, you acknowledge and agree that Photobird, LLC will not be liable if people whom you do not expect to allow to see your photos have been able to see your photos.

3.2.4 You acknowledge and agree that under no circumstances will Photobird, LLC be liable in any way for any information or materials, including, but not limited to, for any errors or omissions in your materials or the materials of other users, or for any loss or damage of any kind incurred as a result of the use of your materials or the materials of other users published, posted, uploaded, e-mailed, distributed, linked to, transmitted, submitted, disseminated, or otherwise made available in connection with the website and Photobird, LLC services.

3.3 Right to Edit and Remove Materials . You acknowledge and agree that while Photobird, LLC is not responsible for your materials (as stated in section 3.2) and has no obligation to monitor or pre-screen your materials, Photobird, LLC reserves the right to review materials published, posted, uploaded, e-mailed, distributed, linked to, transmitted, submitted, disseminated, or otherwise made available to the Photobird.com website and Photobird, LLC, and to block or restrict access to, or the availability of, or to move, remove and/or edit any materials in its sole discretion.

3.3.1 You acknowledge and agree that you will keep and maintain your own backup of your photos. You understand and agree that the Photobird.com website is not and is not intended to be a web-based photo backup system; the Photobird.com website is a web-based photo sharing system.

3.3.2 You acknowledge and agree that without limiting the foregoing, Photobird, LLC and its designees may disable, restrict access to or the availability of, any materials that violates this Terms of Use agreement or is otherwise objectionable.

3.3.3 You acknowledge and agree that Photobird, LLC reserves the right at all times to disclose any information as Photobird, LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Photobird, LLC's sole discretion.

3.4 Proper Use of Photobird.com . You acknowledge and understand that this website may contain photo albums, personal web pages, forums, communities, comment and rating functionality, feedback mechanisms, e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with others.

3.4.1 You agree to use this website only to post, send and receive messages and material that are proper, accurate, truthful, contributed in good faith and, when applicable, related to the particular area of the website. By way of example, and not as a limitation, you agree that when using the website:

3.4.1.1 You will not publish, post, upload, e-mail, distribute, link to, transmit, submit, disseminate, or otherwise make available:

3.4.1.2 You will not falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.

3.4.1.3 You will not defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

3.4.1.4 You will not advertise or offer to sell or buy any goods or services for any business or political purpose, unless such area of the website specifically allows such messages.

3.4.1.5 You will not restrict or inhibit any other user from using and enjoying the website.

3.4.1.6 You will not violate any code of conduct or other guidelines which may be applicable for the website or any particular area within the website.

3.4.1.7 You will not violate any applicable laws, statutes, ordinances, or regulations.

3.4.1.8 You will not disrupt the normal flow of dialogue, insert large amounts of quoted text, multiple images, objects, or other materials in your communications that degrade the ability of visitors to participate in discussions, or otherwise act in a manner that negatively affects other users' ability to engage, communicate, scan, read, or participate in dialogue, discussions, or exchanges.

3.4.1.9 You will not create liability for Photobird, LLC or cause Photobird, LLC to lose (in whole or in part) the services of our internet service providers or other suppliers.

3.4.1.10 You will not use the website or any area within the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

3.4.1.11 You will not link directly or indirectly to any materials to which you do not have a right to link to or include.

3.5 Use Caution . You acknowledge and agree to always use caution when giving out any personally identifiable information about yourself or your children on the website.

3.6 Limitations . You acknowledge and agree that materials uploaded to the website may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

3.7 Worldwide Regional Terms . Photobird, LLC provides its users with a variety of services on its website. You acknowledge and understand that while anyone from any country with access to the Internet may access and use the Photobird.com website, certain services may only be available to users who are located in specific cities in the United States and in certain other countries.

3.7.1 You acknowledge and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and acceptable public information. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

3.8 No Compensation . You acknowledge and agree that no compensation will be paid with respect to the use of your materials, as provided herein. Photobird, LLC is under no obligation to post, use, or make available any materials you may provide and Photobird, LLC may remove any materials at any time in its sole discretion.

3.9 Unsolicited Idea Submission Policy . You acknowledge and understand that Photobird, LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works.

3.9.1 The sole purpose of this policy is to avoid potential misunderstandings or disputes when Photobird, LLC's products, services, or marketing strategies might seem similar to ideas submitted to Photobird, LLC. So, please do not send your unsolicited ideas to the Photobird.com website or anyone at Photobird, LLC.

3.9.2 You understand and agree that if, despite our request that you not send us your ideas and materials, you still send them, Photobird, LLC makes no assurances that your ideas and materials will be treated as confidential or proprietary.

4. Reading, Viewing, and Using Materials Available on Photobird.com

4.1 Definition . You understand and agree that "Materials" are defined as any photo, picture, image, sound, movie, video, text, personal or public information, or other material available on the website, provided to Photobird, LLC directly or indirectly, publicly or privately, in the registration process or through the use of our services, in any public or private area, or through e-mail or online discussion forum.

4.2 Use of Materials . You understand and agree that except as expressly prohibited on this website, you are permitted to view, copy, print and distribute materials within this website (such as news releases, reviews, articles, essays, FAQs, press releases, publications, documents, and so on), subject to your agreement that:

4.2.1 You acknowledge and agree that the permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of the website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Photobird, LLC.

4.3 No Guarantee for Accuracy of Information and Materials . You acknowledge and agree that Photobird, LLC encourages an open exchange of information and ideas, but we cannot and do not review every posting and comment made in the photo albums, forums, and other public posting areas.

4.3.1 You may well read any given posting before anyone on the Photobird, LLC staff does. You can expect these public posting areas to include materials, information, and opinions from a variety of individuals and organizations other than Photobird, LLC.

4.3.2 You acknowledge and agree that Photobird, LLC does not control or endorse the content, messages, materials, or information contributed by its users.

4.3.3 You understand that by using our website and services, you may be exposed to and may find other users' information and materials to be offensive, harmful, indecent, objectionable, inaccurate, or deceptive. Please use caution and common sense when using our website. Note there is a risk that you may be dealing with underage persons or people acting under false pretense.

4.3.4 You acknowledge and agree that Photobird, LLC is not responsible for, and does not represent, endorse, or guarantee the accuracy, integrity, quality, reliability, completeness, or usefulness of any opinion, advice, statement, recommendation, comment, message, or other information included in any materials posted or provided in the forums, comments areas, or anywhere else on our website, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, from a person representing an organization, or from a member of our staff. Any reliance by you on any such opinion, advice, statement, recommendation, comment, message, or other information in any materials shall be at your sole risk. Be sure to use your own good judgment.

4.3.5 You acknowledge and agree that third-party participants on the website are not authorized Photobird, LLC spokespersons, and their views do not necessarily reflect those of Photobird, LLC.

4.3.6 You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any materials posted to the Photobird.com website, including any reliance on the accuracy, integrity, quality, reliability, completeness, or usefulness of such materials.

4.3.7 You acknowledge and agree that responsibility for what is posted in the photo albums, forums, comment areas, and other public posting areas on the website remains with each user.

4.4 No Liability . You acknowledge and agree that under no circumstances will Photobird, LLC be liable in any way for any information or materials, including, but not limited to, for any errors or omissions in your materials or the materials of other users, or for any loss or damage of any kind incurred as a result of the use of your materials or the materials of other users published, posted, uploaded, e-mailed, distributed, linked to, transmitted, submitted, disseminated, or otherwise made available in connection with our website and services.

4.4.1 You acknowledge and agree that Photobird, LLC specifically disclaims any liability with regard to materials contributed by users and any actions resulting from your participation on the website.

4.4.2 You agree to not hold Photobird, LLC nor its users liable for damages to yourself, others, your equipment, property, or your or anyone else's emotional or financial distress.

4.5 Materials Provided "As Is" Without Warranty . You acknowledge and agree that except as expressly provided otherwise, Photobird, LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents, publications, and other materials and their related graphics published on the website for any purpose.

4.5.1 You acknowledge and agree that except as expressly provided otherwise, all such documents and related graphics are provided "As Is" without warranty of any kind.

4.5.2 You acknowledge and agree that except as expressly provided otherwise, Photobird, LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement.

4.5.3 You acknowledge and agree that in no event shall Photobird, LLC and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the user or performance of information available from the website.

4.5.4 You acknowledge and agree that the documents and related graphics published on the website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Photobird, LLC and/or its respective suppliers may make improvements and/or changes in the products, services, and/or the programs described herein at any time without notice.

4.6 Third-party Links . We may provide, or third parties may provide, links to other websites or resources. Because we have no control over the content or availability of the contents of such websites or resources, you acknowledge and agree that Photobird, LLC is not responsible for the availability of such websites 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 websites or resources.

4.6.1 You also acknowledge and agree that Photobird, LLC 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 the use of or reliance on any such content, goods, or services available on or through any such websites or resource.

4.6.2 You acknowledge and agree that it is your responsibility to become familiar with each website's privacy and other policies and terms of use, and to contact that website with any concerns.

4.7 Interacting with Advertisers, Marketing Partners, and Third Parties . Photobird, LLC may run advertisements and promotions from third parties on the website. You understand and agree that the manner, mode, and extent of advertising by Photobird, LLC is subject to change.

4.7.1 You acknowledge and agree that your correspondence or business dealings with, or participation in promotions of, advertisers, marketing partners, or other third parties found on our website or through our services, 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, marketing partner, or other third party.

4.7.2 You acknowledge and agree that Photobird, LLC shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, marketing partners, or other third parties on our website or located through the use of our services.

4.8 Proper Use of Photobird.com . This website may contain photo albums, personal web pages, forums, communities, comment and rating functionality, feedback mechanisms, e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with others.

4.8.1 You acknowledge and agree to use this website only to post, send and receive messages and material that are proper, accurate, truthful, and, when applicable, related to the particular area of the website. By way of example, and not as a limitation, you agree that when using the website:

4.9 Creating Hyperlinks . You acknowledge and agree that you are granted a limited, revocable, and nonexclusive right to create hyperlinks to Photobird.com pages as long as the links do not portray Photobird, LLC or its suppliers or their products or services in a false or misleading manner.

5. No Illegal, Unauthorized, Prohibited, or Fraudulent Content, Activities, or Use

5.1 Condition of Use . You acknowledge and agree that as a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

5.1.2 You acknowledge and agree that you will not use the website in any manner that could damage, disable, overburden, or impair any Photobird.com server, or the network(s) connected to any Photobird.com server, or interfere with any other party's use and enjoyment of the website.

5.1.3 You acknowledge and agree that you will not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Photobird.com server or to the website, through hacking, password mining or any other means.

5.1.4 You acknowledge and agree that you will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

5.1.5 You acknowledge and agree not to use or launch any automated system, including without limitation "robots", "spiders", "offline readers", etc., that accesses the site in a manner which sends more request messages to the Photobird.com server in any given period of time than a typical human would normally produce in the same period by using a conventional online web browser to read, view, and submit materials.

5.2 Referrals, E-mail, and Your Use of the Send to a Friend Feature . You acknowledge and agree that while we encourage you to refer friends, family, colleagues, and others to use the website, you may do so only through methods that are consistent with the terms and conditions of your own internet service provider as well as prevailing standards of acceptable internet use and behavior.

5.2.1 In particular, you acknowledge and agree that you will not use the website, name, trademarks, or other intellectual property of Photobird, LLC in conjunction with the sending of unsolicited email, or cause to use Photobird, LLC equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages.

5.2.2 From time to time, users post their email addresses in photo albums, forums, and other public posting areas. You agree not to gather these or any email addresses for purposes of spamming or for any non-personal or commercial purposes.

5.2.3 You acknowledge and agree that you will not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Photobird, LLC's network addresses, web services, e-mail services, or other services are in any way identified as being associated with the sending of unsolicited email.

5.2.4 You acknowledge and agree that other prohibited methods of advertising or promoting your involvement with Photobird, LLC include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to Photobird, LLC via our Contact Us page.

5.3 Comply with All Applicable Laws and Regulations . This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.

5.3.1 You acknowledge and agree that you will not use the website in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

5.4 Right to Report Violations . You acknowledge and agree that Photobird, LLC may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

5.4.1 You acknowledge and agree that to cooperate with governmental requests, to protect Photobird, LLC's systems and users, to ensure the integrity and operation of Photobird, LLC's business and systems, or in response to subpoenas, court orders, or legal requirements, Photobird, LLC may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted materials, and web usage paths. By using the website, you expressly consent to the foregoing use and disclosure.

5.5 No Interference with Services . You acknowledge and agree that:

5.5.1 You will not publish, post, upload, e-mail, distribute, link to, transmit, submit, disseminate, or otherwise make available any computer routines, files or programs designed to interrupt, destroy, damage, or limit the operation or functionality of any computer software, hardware, telecommunications equipment, or property.

5.5.2 You will not interfere with or disrupt our website or services or networks connected to our website or through the use of our services, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our services, or otherwise interfere with our website operations or services in any way, including through the use of JavaScript or other coding.

5.5.3 You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6. Privacy

Photobird, LLC respects your desire for privacy. The Privacy Policy for Photobird.com can be found at www.photobird.com/help/privacy_policy.html. By using this website, you are consenting to the processing of your data by Photobird, LLC and consenting to the terms of our Privacy Policy.

7. Subscription Services and Fee-based Products and Services on Photobird.com

7.1 Free Services . Access to Photobird.com and use of selected features of our website is free.

7.1.2 You acknowledge and agree that we may, in our sole discretion, change this policy and begin charging for access to our website, and we may, in our sole discretion, add, remove or change the services we offer at any time.

7.1.3 If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, we will notify you through the website and via e-mail.

7.1.4 You acknowledge and agree that you are responsible for all costs, fees, and charges incurred to access the Photobird.com website, including but not limited to, charges for any telephone lines, any internet access provider, or other third party service.

7.2 Subscription Periods . You understand and agree that your subscription to the Photobird.com website will commence on the date you register for a Photobird.com subscription service and will continue for the monthly or annual period you select during the registration process.

7.2.1 You understand that the first seven (7) calendar days of your subscription to Photobird.com are a free trial, during which you may cancel at any time and not be billed.

7.2.2 You understand and agree that following the 7-day free trial period, your subscription will automatically continue for the subscription period you selected, and your credit card or PayPal account will be billed the applicable subscription fee.

7.3 Subscription Fees and Payments . You understand and agree to pay the subscription fees, any applicable taxes, and any other charges incurred in connection with your username and password for the Photobird.com website at the rates in effect when the charges were incurred.

7.3.1 You understand and agree that all fees and charges incurred in connection with your username and password will automatically be billed to your credit card or to your PayPal account, based on the account information you have provided.

7.3.2 You acknowledge and agree that you will provide the Photobird.com website with true, current, accurate, and complete information as to your name, e-mail address, and credit card account information provided by you during the registration process.

7.3.3 You understand and agree that subscription fees will be billed at the beginning of your subscription period or any renewal period.

7.3.4 You understand and agree that all fees and charges are nonrefundable.

7.3.5 You understand and agree that if we are unable to process your credit card payment, your subscription will be suspended. Photobird, LLC will notify you about your suspended account, and if we do not receive a response within twenty-one (21) calendar days, your account will be terminated.

7.3.6 You acknowledge and agree that we may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance of your next subscription renewal.

7.3.7 You understand and agree that if you want to use a different payment method, a different credit card, or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Photobird.com website using your username and password without your authorization, you must notify and contact Photobird, LLC via the Contact Us page.

7.3.8 You can always find the current subscription fees for Photobird.com services posted on the Ordering Subscriptions page, which you can access from the Help page at http://www.photobird.com/help/.

7.4 Changed Fees . You acknowledge and agree that Photobird, LLC shall have the right at any time to impose, change, or modify its fees and billing methods, or other terms and conditions applicable to your use of the subscription or to impose new terms of use and conditions.

7.4.1 You acknowledge and agree that 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 the Photobird.com website a revised version of this Terms of Use agreement or notification by electronic or conventional mail.

7.4.2 You understand and agree that if any such change is unacceptable to you, you may cancel your subscription as described in section 7.7 below.

7.4.3 You acknowledge and agree that any use of the subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

7.4.4 You agree to review the Photobird.com website and this Terms of Use agreement periodically to be aware of such revisions.

7.5 Automatic Subscription Renewal . You acknowledge and agree that your subscription will continue and renew automatically, unless we terminate it or you notify us by mail or via our Contact Us page of your decision to cancel your subscription.

7.5.1 You understand and agree that you must cancel your subscription as described in section 7.7 below before your subscription renews to avoid billing of subscription fees for the renewal period to your credit card.

7.5.2 You authorize Photobird, LLC to automatically charge the annual, monthly, or similar periodic fees for your subscription to the credit card or PayPal account designated in your account, at the start of the subscription period, and at the start of each renewal period, unless you cancel your subscription before the relevant period begins.

7.5.3 As part of your renewal subscription fee, to maintain the current status, availability, and "look and feel" for your photo albums, you authorize Photobird, LLC to automatically charge the fees, at the start of each renewal period, for any additional storage you have purchased during the preceding subscription periods.

7.5.3.1 You may cancel your use of the additional storage space and avoid being charged any relevant fees without canceling your subscription by discontinuing your use of the additional storage space and contacting Photobird, LLC via our Contact Us page to request that you no longer wish to be charged for the extra space that you are not using.

7.6 Service Notifications . You acknowledge and agree that Photobird, LLC reserves the right to send you service notifications via e-mail notifying you of operational or other changes that may affect or significantly change the current services offered. You understand and agree that you may not opt out of such service notifications because these service notifications provide information critical for the operation of your account.

7.7 Subscription Cancellation . You understand and agree that you may cancel your subscription to Photobird.com by sending us a message via our Contact Us page, or by sending notice to:

When canceling, please include your name, Photobird.com username, the email address associated with your account, and a telephone number where we can reach you to confirm.

7.7.1 You acknowledge and agree that if you wish to cancel, you must cancel at least five (5) business days before your scheduled renewal. You understand that if you cancel within the five (5) days before your scheduled renewal, Photobird, LLC may not receive your request in time to cancel your account and Photobird, LLC may charge your credit card for the renewal.

7.7.2 You acknowledge and agree that notice of cancellation will be effective upon receipt by Photobird, LLC.

7.7.3 You understand and agree that in the event that your account is terminated or canceled, no refund of any fees, including any monthly or yearly subscription fees, will be granted. Furthermore, you understand and agree that fees paid for any subscription are paid in advance and are not refundable in whole or in part. You understand and agree that all purchases are final.

7.7.4 You understand and agree that after you have cancelled your subscription, your account will remain active and available until the end of your subscription period.

7.7.5 You understand and agree that if we receive your request to cancel your subscription during your initial 7-day free trial period, your credit card or PayPal account will not be charged and your subscription will not begin.

7.8 Duties and Currencies. You understand and agree that all items are sold in United States of America funds, that import duties and local taxes may apply to international orders, and that duty and other domestic taxes beyond those described above are not covered in the subscription price and are your responsibility. To assist you in determining a rough cost in your local currency, you may use this currency converter.

8. Your Photobird.com Account and Identity

8.1 Restriction on Use of Your Information . You understand and agree that except as otherwise provided in our privacy policy statement, we will not share, sell, rent, or otherwise disclose any personally identifiable information about you (including your e-mail address) to any third party.

8.2 No Transferability . You acknowledge and agree that the services provided to you hereunder and your account with the Photobird.com website cannot be transferred or used by anyone other than you.

8.2.1 You acknowledge and agree that no more than one login session under any one account may be used at any time by you.

8.2.2 You acknowledge and agree that if you have multiple accounts, you are limited to one login session per system account at any time.

8.2.3 You acknowledge and agree that if your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate your access to the website immediately.

8.3 Security and Confidentiality of Your Account . You acknowledge and agree that for any of the services on the website that requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate.

8.3.1 You also will choose a username and a password. You acknowledge and agree that you are entirely responsible for maintaining the confidentiality of your password and account.

8.3.2 Furthermore, you acknowledge and agree that you are entirely responsible for any and all activities that occur under your account.

8.3.3 You acknowledge and agree to notify Photobird, LLC immediately of any unauthorized use of your account or any other breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

8.3.4 You acknowledge and agree that Photobird, LLC cannot and will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Photobird, LLC or another party due to someone else using your account or password.

8.3.5 You acknowledge and agree that you may not use anyone else's account at any time, without the permission of the account holder.

8.3.6 You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to Photobird, LLC's display of such information via the services and accept all risks of unauthorized access to such information.

8.3.7 You acknowledge and agree that if you provide any information that is false, inaccurate, out of date, fraudulent, or incomplete, or Photobird, LLC has reasonable grounds to suspect that such information is false, inaccurate, out of date, fraudulent, or incomplete, Photobird, LLC may suspend or terminate your account and refuse any and all current or future use of the website and services or any portion thereof.

8.4 Username Availability. You acknowledge and agree that when signing up for a Photobird.com service, your desired username may not be available, so the Photobird.com website will suggest alternatives, or you may choose another username.

8.4.1 You acknowledge and agree that certain usernames may be reserved by the Photobird.com website and that certain usernames may be in use by subscribers and other users.

8.4.2 You acknowledge and agree that Photobird, LLC reserves the right to reassign the use of and/or delete usernames when the usernames are inactive for at least 6 months and not assigned to paid subscribers.

8.4.3 You acknowledge and agree that Photobird, LLC reserves the right to make any inactive username available at any time for any reason.

8.4.4 You acknowledge and agree that Photobird, LLC reserves the right to change your username at any time for any reason, with written notification within 30 days. If you do not agree to change your username upon request, you acknowledge and agree that we reserve the right to terminate your account.

8.4.4.1 Furthermore, you acknowledge and agree that usernames deemed offensive, harmful, indecent, inappropriate, or otherwise objectionable may be changed, suspended, disabled, deleted, or terminated without prior notice.

9. Photobird.com Availability and Entitlement

9.1 General Practices Regarding Use of Services . You acknowledge and agree that Photobird, LLC may establish general practices and limits concerning the use of this website and Photobird, LLC services.

9.1.1 You acknowledge and agree that Photobird, LLC has no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your information or materials.

9.1.2 You acknowledge that Photobird, LLC reserves the right to log off users who are inactive for an extended period of time.

9.1.3 You acknowledge and agree that Photobird, LLC reserves the right to automatically or manually terminate or suspend any service, system, script, feature, or process which may be affecting the performance of our systems.

9.1.4 You acknowledge and agree that Photobird, LLC shall have the right to suspend services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 14 days, you will be notified of the reason.

9.1.5 You acknowledge and agree that Photobird, LLC reserves the right to terminate your access to any or all of the services at any time, without notice, for any reason whatsoever.

9.1.6 You acknowledge and agree that Photobird, LLC reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

9.2 Service Availability . You acknowledge and agree that we shall use our reasonable efforts to make available to you at all times the website and the services but we shall not, in any event, be liable for interruptions of service or down-time of the website.

9.2.1 You acknowledge and agree that while we will use every reasonable endeavor to ensure the integrity and security of our website, we do not guarantee that our website will be free from unauthorized users or hackers and we shall be under no liability for photo sharing system failure, communication service failure, or any other system failure.

9.2.2 You acknowledge and agree that Photobird, LLC reserves the right to suspend and/or terminate your access to any or all parts of the website at any time, without notice, for any reason whatsoever.

9.3 Modifications . You acknowledge and agree that Photobird, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, all or any portion of our web site and services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the web site or services.

9.4 Age Requirement . The Photobird.com website and other services are available to all individuals who are at least thirteen (13) years old. By using the Photobird.com website, you warrant Photobird, LLC that you are at least thirteen (13) years old.

9.4.1 In addition, parents or guardians of children thirteen (13) years and under should be aware that, while the Photobird.com website is not targeted to children thirteen (13) years and under, it is designed to appeal to a broad, general audience. Accordingly, you understand and agree that it is your responsibility to determine whether any portion of the Photobird.com website is inappropriate for your child.

9.4.2 The Photobird.com website and Photobird, LLC do not collect age data from our users and therefore we rely on our users to voluntarily comply with this age restriction.

9.5 Suspended Users . You understand and agree that the Photobird.com website and other services are not available to users who have temporarily or indefinitely suspended or terminated Photobird.com accounts. If you do not qualify, please do not use our website and other services.

9.6 Account Termination and Terminating Access . By using the Photobird.com website and its services, including, without limitation, storage space for your photos and the online forums, you understand and agree that we reserve the right to terminate any accounts and your access to the website at any time for any reason. We promote positive user experiences on the Photobird.com website and while we will avoid the use of drastic measures, you understand that we may need to resort to them if things get out of hand.

9.6.1 Without limiting our other remedies, you acknowledge and agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your ability to use all or any portion of our web site and services, for any reason, including, without limitation the following:

9.6.2 You acknowledge and agree that any termination of your account or access to all or any portion of the services under any provision of this Terms of Use agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our web site and services.

9.6.3 You also agree that Photobird, LLC shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the web site and services.

9.6.4 You acknowledge and agree that on termination or suspension of your account, we shall be entitled immediately to block your access to your account and to remove all data located on it. You agree that we shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your account and photo album as we think fit.

9.6.5 You acknowledge and agree that termination of your account due to non-compliance with this section will not result in refunds of subscription fees paid, if any, and you will forfeit the remaining period of your paid subscription, if any.

10. Notification and Procedure for Making Claims of Copyright Infringement

You may notify Photobird, LLC if your work has been copied in a way that you believe constitutes copyright infringement. Photobird, LLC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:

Or you may contact the Designated Copyright Agent via our Contact Us page.

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. Disclaimers and Other Notices

11.1 Disclaimer of Warranty . You understand and agree that the service is provided on an "as is" and "as available" basis. You expressly agree that use of this service is at your sole risk.

11.1.2 You acknowledge and agree that except as expressly provided otherwise, all information, documents, publications, materials, and services are provided "As Is" without warranty of any kind and Photobird, LLC hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, Photobird, LLC disclaims any warranties of non-infringement, title, or quiet enjoyment.

11.1.3 You acknowledge and agree that in no event shall Photobird, LLC and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this website, use or performance of software, documents, materials, publications, provision of or failure to provide services, or information available from the website.

11.1.4 You acknowledge and agree that except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications, and documents. You acknowledge and agree that the website, materials, publications and documents may contain technical inaccuracies or typographical errors. You acknowledge and agree that Photobird, LLC assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the website, materials, publications, and documents and in any other reference.

11.1.5 Without limiting the foregoing, neither Photobird, LLC nor any of its suppliers, nor any of their officers, directors, licensors, employees or representatives represent or warrant:

11.1.6 You acknowledge and agree that Photobird, LLC may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.

11.1.7 The website, documents, and publications are distributed internationally and may contain references or cross-references to Photobird, LLC products, programs, and services that have not been announced or available in your country. Such references do not imply that Photobird, LLC intends to announce such products, programs, or services in your country. Contact Photobird, LLC for information regarding the products, programs, and services which may be available to you.

11.1.8 The website contains links to third-party sites which are not under the control of Photobird, LLC and Photobird, LLC is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. Photobird, LLC is not responsible for webcasting or any other form of transmission received from any linked site. Photobird, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply that Photobird, LLC endorses or accepts any responsibility for the content on such third-party sites.

11.1.9 If you purchase a product or service recommended by another user of the service or otherwise as a result of using the service or any recommendation, and a dispute arises between you and the seller, you release Photobird, LLC and its suppliers, and any of its or their officers, directors, licensors, employees or representatives, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11.1.10 You acknowledge and agree that any software or other content 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 software and/or content.

11.1.11 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

11.2 Limitation of Liability . You acknowledge and agree that in no event shall Photobird, LLC, or any of its suppliers, or any of their officers, directors, employees, agents, representatives, information providers or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action) arising out of:

11.2.1 All conditions, terms, representations and warranties relating to the services supplied under this Terms of Use agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

11.2.2 You acknowledge and agree that our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.

11.2.3 You acknowledge and agree that in any event no claim shall be brought unless you have notified us of the claim within ninety (90) days of it arising.

11.2.4 You acknowledge and agree that in no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

11.3 Indemnity . You agree to indemnify, defend and hold Photobird, LLC, and its subsidiaries, affiliates, officers, agents, co-branders, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your materials, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use agreement, or your violation of any rights of another.

11.4 Exclusions . Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages.

11.5 Jurisdiction and Venue . You acknowledge and agree that this Terms of Use agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in San Francisco, California.

11.6 Severability . If any provisions of this Terms of Use agreement shall be deemed unlawful, void, invalid, or for any reason unenforceable by a court of competent jurisdiction, then you agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Terms of Use agreement will remain in full force and effect.

11.7 No Waiver . You acknowledge and agree that Photobird, LLC's failure to exercise or enforce the strict performance of any right or provision of this Terms of Use agreement will not constitute a waiver of such right or provision, and does not waive Photobird, LLC's right to subsequently exercise or enforce such rights or provisions or any other rights or provisions of this Terms of Use agreement. No waiver of any provision of this Terms of Use agreement shall be effective unless in writing.

11.8 All Rights Reserved . Any rights not expressly granted herein are reserved.

11.9 Disputes . You acknowledge and agree that any dispute relating in any way to your visit to the Photobird.com website or to products or services you purchase through the Photobird.com website shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Photobird, LLC's intellectual property rights, Photobird, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Use agreement shall be joined to an arbitration involving any other party subject to this Terms of Use agreement, whether through class arbitration proceedings or otherwise.

11.10 No Agency . You acknowledge and agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Photobird, LLC is intended or created by this Agreement.

11.11 Assignment . You agree that this Terms of Use agreement and all incorporated agreements may be automatically assigned by Photobird, LLC, in our sole discretion, to one or more third parties in the event of a merger or acquisition.

11.12 Survival . You acknowledge and agree that the following sections shall survive any termination or expiration of this Terms of Use agreement:

11.12 Headings . You acknowledge and agree that the section headings and titles in this Terms of Use agreement are included for convenience only, have no legal or contractual effect, and shall not affect the construction or interpretation of this Terms of Use agreement.