Photomama - Share & Print Digital Photos Online | Online Photo Printing & Storage

Welcome to Photomama! Photomama is a safe and fun way for moms to create unique gifts, store, share, and print their photos. By entering and using our website, you are accepting the terms and conditions listed below and agree to be bound by them. Accepting these terms and conditions creates a binding contract between you and Photomama. If you should have any questions, please contact customerservice@photomama.com .

We reserve the right at any time to change all or any part of these terms; change the website and services, including by eliminating or discontinuing any content on or feature of the website and services; and change any fees or charges for use of the website and services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the website or by electronic mail. Your continued use of the website and services after such notice will be deemed acceptance of such changes. Please return to this page periodically to check for updates to our policy.

Account/Membership

Terms and conditions are available to you if you are over the age of 13 and submit the current, true and accurate requested information about yourself on our registration form. This includes your real name and email address. Our use and disclosure of any such information that you provide is governed by our privacy policy. This site is for personal use only. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use our service as the only repository for your photo storage. Please be sure to make back up copies of your personal content

When you create an account, you will be asked to select a username and password. We have the right and may refuse to grant you a username for any reason at our sole discretion. Reasons for this are not limited to but may include impersonations of someone else, illegal use, vulgar language, trademark infringement, etc. By using our hosting service, you will be responsible for keeping your username and password confidential. You also agree not to transfer or resell your use of or access to the service to any third party. You are responsible for restricting access to your computer and agree to accept responsibility for actions that occur under your account. You should immediately notify us unauthorized use or breach of security known to you.

Use of Service / Conduct

User shall not use the service for any of the following activities: (i) content that contains nudity, obscene or pornographic material of any kind; (ii) posting, photos, captions, names, posts or descriptions that convey blatant expressions of bigotry, prejudice, racism, hatred or profanity; (iii) defaming any person or group; (iv) linking to any site that promotes any of the above; (v) uploading material containing any virus or other content that may damage the service, the network, or any other user's equipment or software; (vi) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the service, or users; (vii) contains copyrighted material without the express permission of the owner. Photomama shall be the sole judge of online conduct and may delete, move, and edit content for any reason, at any time, without notice. As the user, you are responsible for your content. By using this site, you also understand that you are responsible for your exposure to items you may consider to be offensive and take sole responsibility for it.

III

Copyrights

You are responsible for all of the images you upload, share or copy using the Photomama service. As a condition of your use of this service, you hereby grant Photomama a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your content, solely for the purpose of providing the service. You must have the legal right to display each image that you upload or share, and to copy each image that you order prints of. If you believe that there is evidence of a copyright violation on the site, please send an email to customervice@Photomama.com. . In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:

	Upload, post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
	Upload, post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
	Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
	Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
	Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
	Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
	Provide any information to Photomama that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

Photomama reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms & Conditions have been violated. In addition, Photomama reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Photomama or others.

We have taken measures to protect your privacy. Please see our privacy policy for further information.

Third Party Software

Photomama may occasionally make third-party software available on the website and this may include downloading. In order to use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Photomama is not responsible for (a) the content and operation of third party software, or (b) the privacy or other practices of the third party. You remain and are responsible for the costs associated with third parties, including all applicable license fees and service charges.

Indemnification

You agree to indemnify, defend and hold Photomama and its officers, directors, owners, agents, information providers and licensors (collectively, the "Photomama Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Photomama Party that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Service. Furthermore, Photomama reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Photomama s defense of such claim.

VII

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION TO ANY DAMAGE OR INJURY TO BUSINESS EARNINGS, PROFITS OR GOODWILL SUFFERED BY ANY PERSON ARISING FROM THIS AGREEMENT, OR THE TERMINATION OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO CASE SHALL EITHER PARTY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID UNDER THIS AGREEMENT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

VIII

Representations and Warranties

You as the user represent and warrant that: the content will not infringe upon any copyright, right of publicity or privacy, or any other proprietary right of any person, whether contractual, statutory or common law. You agree that neither Photomama nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the submitted content. You further acknowledge that you are legally responsible for any challenges made by a third party regarding copyright in the submitted content.

Term and Termination Term

This agreement is an at will agreement that begins upon sign-up and continues indefinitely unless terminated herein. Termination by User: User may terminate this agreement at any time. Termination by Photomama: Photomama may terminate this Agreement with or without cause, at any time upon fifteen (15) days prior written notice to User. Photomama also may terminate this Agreement immediately upon material breach of Section 2 ("Use of Service/Conduct").

Governing Law

This Agreement shall all be governed and construed in accordance with the laws of New York applicable to agreements made and to be performed in New York, and that any legal action or proceeding between Photomama and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Photomama's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.

Severability

Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

XII

Entire Agreement

These terms and conditions constitute the entire agreement between the parties relating to this subject matter and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. You may also be subject to additional terms and conditions that may apply when you use affiliate services or third parties services such as software. This agreement can only be changed by Photomama and may be change at any time without notice to the user. The failure of Photomama to exercise or enforce any term will not constitute a waiver of such term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this service or any of these terms and conditions, will be filed within one year after such claim or cause of action arose, or be forever barred.

BY CLICKING I ACCEPT OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO THESE TERMS, AND (3) THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.

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