terms of use

Welcome to allPHO’s TERMS OF USE.

allPHO.com’s goal is to provide the #1 online photo printing service to print ALL your photos. The allPHO.com website exists for the purpose of uploading and submitting your photos for the creation of a PHOTOzine. Any use outside this purpose is prohibited.

The following Terms of Use (Terms) contain the legal terms and conditions that apply exclusively to your access and use of allPHO.com, as well as our provision of products and services.

If you do not agree with any of these terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of this Site, signifies that you assent to these Terms and Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through our Site are also governed by these Terms. We may revise these Terms from time to time by posting a revised version.

YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

USE OF allPHO

You may access and use our Site solely for your personal, noncommercial use. We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion. You must create an account before gaining access to entire site, uploading photos or creating a PHOTOzine. Our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization.

USER ACCOUNT

You may create a user account by registering a valid email, and creating a user name and password. We reserve the right to deny any request for a new account. You are responsible for safeguarding the confidentiality of your username and password that you use to access your account on our Site. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on allPHO.com.

MEMBERSHIP

allPHO offers various memberships. You will select your membership at registration. You understand that there may be a monthly fee associated with your account. allPHO reserves the right to cancel any membership that does not comply with these terms without prior notice to member. You may cancel your membership any time. Your membership will continue through the current month if payment has already been received. You must contact use if you are requesting a refund. Each request is individually reviewed and a refund for the monthly membership fee is not guaranteed. allPHO reserves the right to change or alter the services and/or products offered in each membership with or without prior notice to the member.

USER/MEMBER CONDUCT

Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using any of our Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
  • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using our Site, including, without limitation, by means of “hacking” or defacing any portion our Site;
  • Violate any applicable laws or regulations;
  • Upload to, transmit through, or display on our Site (1) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (2) any confidential, proprietary or trade secret information of any third party; or (3) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any
    portion of our Site; and
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

Some features of our Site may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Site and/or the amount of storage space available for transmissions or for any feature made available through our website.

In addition, if you use allPHO.com, you agree not to:

  • Display inappropriate child nudity.
  • Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.

TERMINATION

Either you or we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we will delete, any information, files or materials in or related to your account, including, without limitation, any User Stuff. Upon termination, allPHO will delete all information, files and materials related to your account, including any User Stuff, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Site and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

MAKING PURCHASES

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. If you wish to purchase through of our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to mail carrier

THIRD-PARTY SITES, SOFTWARE AND SERVICES

We are very restrictive of the content found on Our Site. Except in the case of payment processing, where Our Site WILL direct you to PayPal for secure payment processing; we do not otherwise direct users to sites, software or services owned or operated by third parties. Occasionally, we will provide links to third parties but these links will be: thoroughly reviewed prior to placement on Our Site, clearly labeled or identified as a link to a third party. Though we do our best to review all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.

MATERIALS SUBMITTED BY USER

allPHO DOES NOT SAVE, STORE OR SHARE PHOTOS. ALL PHOTOS WILL BE PERMANENTLY DELETED, with or without notification to the user. We recommend you keep back-up copies of your User Stuff on an external hard drive.

Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Stuff”) are subject to the following terms and conditions:

  • You will retain ownership of such User Stuff, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Stuff solely in connection with the production or provision of any product or service you request or to show you how your User Stuff would appear in our products or services.
  • Please note that, while you retain ownership of your User Stuff, any template or layout in which you arrange or organize such User Stuff through tools and features made available through any of our Site are not proprietary to you, and the rights to such template or layout will remain with us.
  • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Stuff, and that the User Stuff do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Stuff are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
  • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Stuff to use such individual’s likeness, for purposes of using and otherwise exploiting the User Stuff in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Stuff.
  • You agree that we may (but are not obligated to) filter any User Stuff (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Stuff (including, without limitation, suspending processing and shipping of any order relating to any User Stuff) and/or disclose any User Stuff and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
  • You agree to indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Stuff; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
  • User Stuff that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Stuff in response to user reports or requests. We will have no liability for the removal or non-removal of any User Stuff from our Site.

COPYRIGHT ISSUES

While we are not obligated to review User Stuff for copyright infringement, we are committed to protecting copyrights and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.copyright.gov/ for details.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MIXBOOK BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF MIXBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXBOOK’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIXBOOK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY ACKNOWLEDGE THAT THE allPHO PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES.

INTELLECTUAL PROPERTY NOTICES

All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”) and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of allPHO. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without allPHO’s prior written permission under a separate agreement. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.

JURISDICTIONAL ISSUES

allPHO is controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that our Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access allPHO do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

THE LONE STAR STATE

The Terms of Use and any dispute about or involving the Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Travis County, Texas and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If you have any questions or comments regarding these Terms, please contact us.

CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF OUR SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

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