Terms & Conditions Last Updated / Effective Date – Mar. 8, 2010 These Terms of Service cover Photoloom LLC (“Photoloom,” “we” or “us”), the websites www.photoloom.com and www.familyphotoloom.com (collectively the “Site”) which are owned and operated by Photoloom, and all Photoloom services provided on the Site (the "Service"). By visiting the Site, submitting information or using the Service, you (and the group, company, or other entities you represent) are unconditionally accepting the terms and conditions set forth in these Terms of Service (“TOS”). These TOS do not apply to the practices of third parties that Photoloom does not own or control.  Please contact us with questions regarding this Terms of Service at support@photoloom.com. Site Membership You must register with the Site to use the Services. Registered users of the Site are “Site Members.” As a Site Member, you will have your own Family Photoloom Account (“Account”) on the Site. To become a Site Member, you must select a username and password, and provide a valid and active email address for confirmation of your Account. It is your sole responsibility to maintain the accuracy of your registration information. When registering with the Site, you may not select or use a name of another person with the intent to impersonate that person; or use the rights of any person other than yourself without authorization; or use a name that we, in our sole discretion, deem inappropriate. Site Members are responsible for all usage and/or activity on the Site via their Account. Photoloom expressly prohibits the distribution of your password to others for access to your Account, and doing so will constitute a breach of these TOS. If any unauthorized use of your account or any other breach of security becomes known to you, please notify us at support@photoloom.com immediately. Please Note: You may invite Guests to visit your Account on the Site; however, each of these Guests must be a Site Member with their own username and password. You are solely responsible for your interactions with other Site Members. Photoloom reserves the right, but has no obligation, to monitor disputes between you and other Site Members: should you breach this TOS in any way, we may revoke use of the Services and suspend your right of access to Site and/or your Account. Accounts Note: Throughout these TOS, the term “Account” refers to both Free Accounts and paid Premium Accounts. If a term applies to only one type of Account and not the other, it is specified as such (i.e., as a “Free Account” or “Premium Account”). If the term applies to all Account types, the term “Account” is used. Free Accounts As a Site Member, you have access to a Free Family Photoloom Account. A Free Account has all the functionality of a paid subscription Premium Account. As a Site Member with a Free Account, you may invite up to ten (10) Guests to your Account, and be a Guest on unlimited other Accounts. Free Accounts are limited to a maximum of 200 pictures, 10 Guests, and 1 gigabyte storage space. If you attempt to exceed any of these limits, you will be notified about how you can upgrade your Account to allow for additional storage. If you link Content from another Account to your own, the storage space required for that image is added to your Account storage use, which may require you to upgrade your Free Account. Premium Accounts Site Members who wish to include more than 200 pictures. or invite more than 10 Guests, or use more than 1 gigabyte of data must upgrade to a Premium Account. Premium Account subscription is on a continuous service basis. This means that once you have become a subscribing Site Member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription level you have chosen. Subscription costs may be changed at any time and each renewal of your subscription will be charged at the then current standard renewal cost for the Service level you are receiving at that time. Payment & Billing Photoloom does not collect, handle or store your credit card information. All payment data is captured, processed and stored within CyberSource’s security-certified processing network. Payment for Account upgrades and services purchased from Photoloom is accepted and processed through Cybersource, a merchant service provider. Cybersource is a leading provider of commerce processing services to thousands of online businesses, and has been certified to be compliant with the Visa Cardholder Information Security Program (Visa CISP) since the program's inception in 2002. Visa CISP is the bankcard industry's most stringent security standard. If you wish to learn more about Cybersource’s policies, terms and conditions, you are encouraged to visit their website at http://www.cybersource.com/company/. Billing charges will be processed within 24 hours of when your order is taken. You will be notified by email approximately 30 days before your subscription will end, and asked to correct any information which has changed. You will have the opportunity to upgrade or opt out of your subscription at that time. Premium Account Subscription Cancellation You may cancel your subscription by logging on to your “My Account” page and following the Cancel Subscription link. You may also cancel your subscription by phone: to do so, you must call Photoloom at 503.628.1922. In either case, you must cancel your subscription at least two days before the renewal date for the cancellation to be effective. Subscriptions are offered on a yearly basis. If you cancel your subscription before the subscription year has ended, no refund will be given; however, your Account will continue to be accessible until the expiration date. Failure to pay for an Account within 30 days of the renewal date constitutes cancellation. Cancelled Premium Accounts are active until 30 days after the renewal date. After 30 days, a cancelled Premium Account, by default, reverts to be a Free Account, and only the first seven pictures in that account are retained and available to the Account owner or Guests. Site Members may still access cancelled accounts, but will only have access to the first 200 pictures in the account. If you cancel your Premium Account and wish to remove it completely from the Photoloom system, contact us at support@photoloom.com. With the exception of the first 200 that are retained in the Free Account, the remaining Content of a cancelled Premium Account may be deleted no sooner than 30 days after the cancellation.  Once information is deleted, it is erased from Photoloom servers and cannot be restored unless you have a backup.  However, by accepting these TOS, you further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Account Content indefinitely. Upon your cancellation of your Premium Account, you will be given an opportunity to request a paid DVD or CD backup of all of your photos and their tags, or request a paid slideshow with the photos you uploaded to Photoloom.  All requests must be made to support@photoloom.com. Termination of Accounts by Photoloom You must be at least 13 years old to register with the Site and have an Account. Protecting the privacy of young children is very important to Photoloom – and it is mandated by U.S. law. For these reasons, Photoloom does not knowingly allow persons under the age of 13 years of age to register as a Site Member. If Photoloom believes that you are less than 13 years of age, your Account may be deleted and your access terminated without warning.   Photoloom may terminate your Account or your access to and use of the Services, with or without cause at any time and effective immediately, at Photoloom’s sole discretion, for any reason, including but not limited to your failure to conform to these TOS. If you violate these TOS, Photoloom, in its sole discretion, may also elect to require you to remedy any violation of these TOS, and/or take any other actions that Photoloom deems appropriate to enforce its rights and pursue all available remedies. Account Guests As a registered Site Member, you may invite Guests to visit your Account on the Site; however, each of your Guests must register as a Site Member with their own username and password. By inviting another Site Member to be a Guest on your Account, you allow them to view the Contents of your Account. Free Accounts are limited to 10 Guests. Guest Privileges (Guest privileges are not reciprocal and may be rescinded at any time) When you invite a Guest to your account, they are automatically given "View" privileges, which simply means that they may look at the Contents of your Account. A Guest with only View privileges may not add or change Content to your Account, nor may they link Images from your Account to their own. You may choose to allow individual Guests additional privileges, including the privilege “Link” to and/or “Edit” your Account Content. "Edit"Privileges If you give a Guest "Edit" privileges, he can add images and other content, and make changes to your account. "Link" Privileges Guests with “Link” privileges can link images (i.e., pictures, document images) from your Account to their own account, and the linked images will remain available to him on his Account as long as his account is active, even if your account is later closed. If you have "Link" privilges to another acocunt, any images you link will appear on your Account, and will remain available to you on your Account as long as your Account is active, even if the Account from which you linked the images is later closed. Storing Linked Images If you link images from another account to your own, the storage space required for that Image is added to your account storage use. As a result, even if a Premium Account from which you linked the Image reverts to a Free Account and the down-grade results in an Image to which you have linked becoming inaccessible to the original account owner (or for any reason the account from which the Image is linked closes), that image will continue to be available on your account. (In other words, for example, you won’t lose the picture of Aunt Ruth that you linked to from Cousin Emilia’s Account, even if Cousin Emilia’s Account down-grades or closes.) Guest privileges are not reciprocal and may be rescinded at any time. For example, even if you grant Link privileges to another Site Member, that Site Member must grant you Link privileges in order for you to link Images from their Account. Any and/or all Guest privileges may be rescinded by the Account owner at any time; however, any Images that are linked prior to the rescission will continue to be linked. Content The Site contains photos and other images, documents, documentation, text, information, files, software, works of authorship, and other materials (collectively, “Content”); and includes Content of Photoloom, Site Members, and other Photoloom licensors. Except for Content posted by you, you may not distribute, broadcast, transmit, modify, translate, display, or sell any Content appearing on or through the Site. You may invite Guests to visit your Account on the Site; however, each of these Guests must be a Site Member with their own username and password. You are solely responsible for your interactions with other Site Members. Photoloom reserves the right, but has no obligation, to monitor disputes between you and other Site Members. The trademarks, logos, and service marks (collectively the ‘trademarks’) displayed on the Site may be registered and unregistered trademarks belonging to Photoloom, and are protected by copyright, trademark, patent, and/or other intellectual property laws, and as such may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Photoloom. Contact us at support@photoloom.com to make arrangements for such use. Any unauthorized use terminates the permission or license granted by Photoloom. Other products and or company names mentioned on the site may be the trademarks of their respective third party owners. Nothing contained on the sites should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the site without the written permission of Photoloom or such third party that may own the trademarks owned on the sites. Technology Content All software used (Technology) on the Site or in conjunction with the Services is the property of Photoloom or its software suppliers and is protected by United States and international patent and/or copyright laws. Any unauthorized use of the Technology, in whole or in part, violates the law and the terms of these TOS. Site Members and other users may not remove or alter any trademark, trade names, product names, logos, copyrights, or other proprietary notices. Photoloom hereby grants registered Site Members a limited, revocable, non-transferable license to reproduce and display Site Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Site and using the Services in accordance with these TOS. Features included in the Technology itself may contain third party software which requires notices and/or additional terms and conditions. Photoloom is not responsible for any third party software. User-provided content The Site contains user-provided Content. You may contribute appropriate Content to an Account if you are the registered Site Member that owns that Account, or if you are a registered Site Member AND the Site Member that owns that Account has invited you to be a Guest with “Edit" privileges on that Account. Contributed Content will be seen and used by others under the TOS described herein. Submit only Content which belongs to you and will not violate the property or rights of other people or organizations. Photoloom does not claim any ownership rights in Content that you post to the Site. After posting your Content to the Site, you continue to retain all ownership rights to the posted Content, and you continue to have the right to use your Content in any way you choose. For any Content that you choose to display or publish (post) on or through the Site, you hereby grant, and you represent and affirm that you have the right to grant, to Photoloom a limited license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the Site. Site Members and other Site users may not reproduce or display the Content of other Site Member Accounts without their expressed permission. Inappropriate Content Photoloom is and must remain a safe destination for families. Content provided by Site Members shall not include any Images, documents, or any other Content that is deemed to be vulgar, profane, excessively violent, harassing, harmful, sexually explicit, illegal, in violation of the privacy of another, or is otherwise objectionable. If your Images or other Content would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for Photoloom. Judgment of suitable Content is the sole discretion of Photoloom, and Photoloom reserves the right to delete any Images or other Content it deems to violate this policy, and/or to limit or terminate the Account of any Site Member who provides (posts) Images or other Content violating this policy. Additional in unacceptable content includes, but is not limited to Content that:  - Promotes information that you know to be false or misleading or in some way promotes illegal activities or conduct.  - Promotes the illegal or unauthorized use of another person's copyrighted work.  - Involves or promotes the transmission of spam, junk mail, or other fraudulent or illegal use of Internet communication.  - Furthers, promotes, or provides instructional information about any criminal activity, criminal enterprise, or other illegal activities.  - Inclusion of such content constitutes violation of these TOS, and may result in suspension or termination of your account. Despite these prohibitions, Content provided by other Site Members in their own or other Accounts may contain inaccurate, offensive, or otherwise inappropriate material, or may involve actions that are prohibited or otherwise restricted. Photoloom assumes no responsibility for monitoring Accounts on the Site for inappropriate Content or conduct. However, Photoloom reserves the right, and maintains sole discretion, to reject, block, or remove any content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Photoloom reserves the right to disclose Content and/or personal information as may be required by law or judicial process, or if we reasonably believe disclosure is necessary to protect our rights. If you become aware of misuse of the Site or Services by any person, please contact Photoloom immediately at support@photoloom.com. Content of Cancelled or Terminated Accounts Content of terminated, expired, and/or unpaid accounts will be archived by Photoloom for a period of no less than 30 days from the date of Account termination, or Account subscription cancellation or expiration. After 30 days, Photoloom reserves the right to delete your Content from our archives. If we delete the Content of your Account, you will no longer be able to retrieve your Account Content in the event that you later choose to re-activate your Account. However, by accepting these TOS, you further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Account Content indefinitely. Links to Other Websites The Site contains links to other websites. Please be aware that Photoloom is not responsible for the terms of service, privacy practices, security, or content of other websites. These TOS apply solely to the Site. Other websites may provide links to the Site. Photoloom has not reviewed all of the websites linked to the Photoloom Site, and is not responsible for the content of any off-site pages or any other sites linked to this site. Advertising The Site may include advertisements. These advertisements are necessary for Photoloom to provide Service free of charge to our Site Members with Free Accounts. Any business dealings, in any form, done by Site users with affiliates and/or advertisers found on or through the Site, 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 that advertiser. Photoloom 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 Site. Usage Site Members may not modify the Site or Technology in any manner or form, nor may they use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Site users may not access the Site by any means other than through the interface that is provided by Photoloom for use in accessing the Site. Commercial Endeavors: The Site and/or its Contents may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Photoloom. If you wish to use your Photoloom Account for commercial purposes (e.g., a genealogist using it as a destination for clients, or a photographer posting client photos), please contact Photoloom at support@photoloom.com for written approval. Content of all Accounts are subject to these TOS. Any unauthorized or illegal use of the Site or Services is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from an Account without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site and/or its Contents. Additional prohibited actions include, but are not limited to:  - Interfering with, disrupting, or putting undue burden on the Site or the networks or services connected to Site.  - Using the account, username, or password of another Site Member at any time or disclosing your password to any third party or permitting any third party to access your account.  - Collecting usernames and/or email addresses of Site Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Site.  - Using any information obtained from the Site in order to harass, abuse, or harm another person.  - Renting, leasing, transferring, selling, reselling, or otherwise exploiting for commercial purposes, any portion of or access to the Site. Privacy Photoloom has established a Privacy Policy to explain to you how your information is collected and used. Your use of the Site and/or Service signifies acknowledgement of and agreement to our Privacy Policy. Your Family Photoloom Account is designed to be private. Only you and those you have approved as Guests can view, edit and/or copy Content in your Account. Edit and Copy privileges are exclusive, and granted by you. CLICK HERE TO READ OUR COMPLETE PRIVACY POLICY More Legal Disclaimers & Notices Account Security Photoloom is intended to be a private network, and we have taken industry standard security measures to protect your Content and the personal information that is in our control from accidental loss and/or unauthorized access, use, alteration, or disclosure. We make good faith effort to ensure the integrity and security of our network and systems to store the non-public information collected by the Site in a secure operating environment that is not available to the public; nevertheless, Photoloom cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing our site or using your Account Content for improper purposes. Delivery of Service Photoloom assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, or unauthorized access to, or alteration of any Site Contents of any kind, whether provided by Photoloom, users, Site Members, or third-parties. Photoloom is not responsible for any problems or technical malfunctions of any kind; including, but not limited to problems or technical malfunctions of telephone network of lines, computer online systems, servers, service providers, and software, or any combination thereof. Termination of Service Should you breach this TOS in any way, we may revoke use of the Services and suspend your right of access to Site and/or your Account. In such a case, no portion of any paid Account subscription will be refunded. Should we decide to suspend your paid Account for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service. If your use of the Site and/or Services is terminated, for any reason, these TOS remain in effect. Lack of Humor These TOS are required to be completely lacking in humor. Thanks for your dedication to the process. Keep Reading. Warranties The Site and Services are provided on an “as is” and “as available” basis. Photoloom makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, Content, materials, product descriptions, products or services included on this site. Photoloom assumes no responsibility for the timeliness, deletion, or failure to store any user content, communications or personalized settings. You are responsible for obtaining access to the Site and its services, and that access may include third-party fees (e.g, Internet service provider charges, airtime charges, etc.). You are responsible for the aforementioned fees, and any other fees associated with delivery of services, and you must provide and are responsible for all equipment necessary to access the Site and its services. You expressly agree that your use of this site is at your sole risk. Liability Use of the Site is at your own risk. In no event shall Photoloom or its affiliates be liable to the user, Site Member, or any other person, or any third party for: Any direct, indirect, incidental, punitive, and consequential loss or damages arising from use of misuse of the Site or the Services, even if Photoloom has been advised of the possibility of such damages. Any direct, indirect, incidental, punitive, and consequential loss or damages arising from inability to use the Site or the Services, or the interruption, suspension, modification, alteration, or termination of the Site or the Services, even if Photoloom has been advised of the possibility of such damages. Any direct, indirect, incidental, punitive, and consequential loss or damages arising from viewing the Content that the Site hosts, even if Photoloom has been advised of the possibility of such damages. Any direct, indirect, incidental, punitive, and consequential loss or damages arising from any Content, photos, relationships, or interpretation of relationships on the Site by any Site Member or any other person or third party. Errors, mistakes, inaccuracies of content; personal injury or property damage, of any nature whatsoever; resulting your access to and use of Photoloom Sites and/or Services; any unauthorized use to or of our servers and/or any information stored therein. Bugs, viruses, Trojan Horses, or the like, which may be transmitted through the Site; and/or any loss or damage of any kind incurred as result of your use of any Site Content or Services. Defamatory, offensive, or illegal conduct or Content of any user, Site Member, or third party. Loss or damage to your computer system or loss of data that results from the download of any material downloaded or otherwise obtained through the use of the Site. The accidental loss of Content on the Site, or the copying of Content by its Site Members or other users or third parties. Any injury or damage to any computer equipment belonging to any user of the Site, any Site Member, or any person viewing the Site or downloading materials from the Site, or otherwise in connection of any kind with the Service. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Merger or Acquisition It is possible that as we continue to develop Photoloom, our Site, Service and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Photoloom may assign its rights under these TOS and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer. Statute of Limitations Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Jurisdictions The Site is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these TOS under the laws of the State of Oregon and the United States. As a User, Site Member, or visitor of Photoloom, the Site, and/or Services, you agree that the laws of the State of Oregon, USA, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and Photoloom LLC, its services, or affiliates. Exclusive personal jurisdiction and venue shall be in the state and federal courts of the United States located in Hillsboro, Oregon, USA. International Users The Site is hosted in the United States and is intended for and directed to Users in the United States. Photoloom makes no representations that the Site is appropriate or available for use in other locations. The Site and Services are void where prohibited. If you are accessing the Site from outside the United States, you do so at your own volition and your use of the Site is governed by U.S. law; you are transferring your personal information to the United States, and you consent to that transfer. Section Titles The section titles in these TOS are for convenience only and have no legal or contractual effect. Indemnity By agreeing to these TOS, you unconditionally agree to indemnify and hold Photoloom LLC, its subsidiaries, affiliates, officers, employees, service providers, suppliers, and partners harmless from any dispute, claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another. We reserve the right to make changes to our site, policies, and these TOS at any time. If you are, or become dissatisfied with any terms and/or conditions of these TOS or any subsequent modifications thereto or become dissatisfied with Photoloom in any way, or with any portion of the Site or Services, your only recourse is to discontinue use of Photoloom, the Site and Services; and cancel your Account subscription. You can always view the most current version of our TOS at http://www.photoloom.com/terms.htm. By continuing to access Photoloom after modifications to these TOS are posted, you are agreeing to accept the TOS as modified. Please contact us with any questions regarding these Terms of Service. Photoloom LLC PO Box 2816 Hillsboro, Oregon 97123 support@photoloom.com 503.628.1922 [ Home ]