Albumfocus.com is a content hosting site which allows the sharing and management of images in a central location across the internet. The location of albumfocus.com services are hosted in the United States. Albumfocus.com allow end users to create collections of images called albums. These albums can be individually protected to ensure only those people with access can see the album images. Watermarking also allows the account administrator to protect copyrighted images on upload. Other features include (But are not limited to) embedding albums in your own web site, sharing links with friends, customization of album appearance, sale settings allowing the customers to purchase images. Free accounts are subject to advertising embedded into each album. This advertising does not occur in paid accounts.
The Terms of Use Agreement outlined here is the legally binding terms of use for your Albumfocus.com accounts and services. The Albumfocus.com Privacy Policy is included in this agreement by this reference. By using the Albumfocus.com services (whether simply visiting this site or through management of a free or paid registered account) you agree that you are bound by this Terms of Use Agreement.
You are only authorized to access and use Albumfocus.com services if you agree to follow all applicable laws and any regulations outlines in this Terms of Use Agreement. Please ensure you read this Terms of Use Agreement carefully and contact us if you have any questions regarding its content or clarity. If you do not agree to be bound by this Terms of Use Agreement and to follow any applicable laws, you should leave Albumfocus.com and discontinue use of the services as soon as possible.
Certain Albumfocus.com functionality requires the installation of third party applications which are not controlled or managed by Albumfocus. (Adobe Flash Player etc) You may be notified that you are required to download and install software or content. Without installing such content some of the functionality inside Albumfocus.com may not be available or function.
Albumfocus.com may modify or amend this Terms of Use Agreement without notice at any time and such modification will be effective immediately. Your continued use of Albumfocus.com after this Terms of Use Agreement is modified signifies your acceptance of the revised Terms of Use Agreement. It is therefore important that you review this Terms of Use Agreement regularly to ensure you understand the updated content.
Ensure any information you post to Albumfocus.com is done so with care. Keep in mind that all content you post into your account is accessible by other people even if it is in an indirect manner. Your albums are public so they can be shared. Hence any albums can be passed around freely by the general public. Even protected albums can be passed from one party to another along with the username and password required to access the content. Ensure you only provide secure album information to those you trust.
Albumfocus.com takes no responsibility or liability for the material uploaded by users. If you become aware of miss use of Albumfocus.com services please contact us immediately with any relevant information you can to enable us to take action and include in your comments a URL to the material in question. Albumfocus.com reserves the right to reject, refuse or remove and content uploaded by any Albumfocus.com member or anonymous user. We may also deny access, restrict access or terminate all or any part of your membership at any time with or without notice if Albumfocus.com determines you have violated this Terms of Use Agreement or any applicable laws.
When signing up as an Albumfocus.com member you agree to the following conditions.
- All information provided in your membership are truthful and accurate.
- You will maintain the accuracy of that information as it changes.
- You are at least 14 years of age or older.
- Your use of Albumfocus.com services does not conflict with this Terms of Use Agreement or any applicable laws.
Account Security:
When you become an Albumfocus.com member, you will be asked to enter a password for your account. You are entirely responsible for the confidentiality of your password. You also agree not to attempt to access another users account using their details or disclose such details to another third party. You agree to notify Albumfocus.com if you believe your account or another account has been compromised by any such suspicious activity. You are individually responsible for your account security. Albumfocus.com will NEVER ask a user for their password. If we are to help a customer the only way we will do so will be to reset an account password. Albumfocus.com does not store passwords as plain text, only ever as an encrypted hash for extra user security.
Account Content:
Albumfocus.com does not claim any ownership of any files uploaded by an Albumfocus.com user. Any copyrighted material uploaded is the responsibility of the member. It is an offence and a direct breach of the Terms of Use Agreement to upload or share any content that
- is offensive or promotes hatred, physical harm, racism or bigotry of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, excessive violence, child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- solicits personal information from anyone under 18 years of age;
- promotes information that you know is false or misleading or promotes illegal activities;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing;
- promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
- alters any TCP/IP packet header or any part of the header information in any posting, or in any way use to send altered, deceptive, or false source-identifying information;
- impersonating or attempting to impersonate another User, person or entity;
- attempting to probe, scan or test the vulnerability of any Albumfocus.com system or service or breach any security or authentication measures;
Albumfocus.com reserve the right to immediately remove such content without notice. When such content is removed it is done so permanently from all our systems. Albumfocus.com should never be your only source of important data.
Server Availability:
Although the web site and services hosted by Albumfocus.com are available a large percentage of the time, there will be occasions when our systems and services will be interrupted for various reasons. Scheduled maintenance or updates, emergency repairs to hardware or systems or failure of telecommunication links and equipment that are beyond our control.
Limitation on Liability:
IN NO EVENT SHALL ALBUMFOCUS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ALBUMFOCUS.COM SERVICES, EVEN IF ALBUMFOCUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALBUMFOCUS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALBUMFOCUS.COM FOR THE ALBUMFOCUS.COM SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity:
You agree to indemnify and hold Albumfocus.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Albumfocus.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Terms of Use Agreement and/or if any Content that you post on or through the Albumfocus.com Services causes Albumfocus.com to be liable to another.
Protecting Copyrights and Other Intellectual Property:
Albumfocus.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Albumfocus.com has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Albumfocus.com Services in a way that constitutes copyright infringement, please contact us.
Other:
This Agreement is accepted upon your use of any Albumfocus.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Albumfocus.com regarding the use of the Albumfocus.com Services. The failure of Albumfocus.com to exercise or enforce any right or provision of this Terms of Use Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Terms of Use Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Terms of Use Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Terms of Use Agreement.
