|
Usage Policy
Introduction Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by ImageShare (a imageshare inc. company) , including ImageShare (a imageshare inc. company) networks online photography service, provided through www.imageshare.com/nokia and the ImageShare (a imageshare inc. company) Mobile Service, provided primarily through www.imageshare.com/mobile (collectively, the "Service"). By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms. Part A: Provisions applicable to all Users of the Service (Whether Registered or Not) 1. Operator This Service is operated by ImageShare (a imageshare inc. company) , a company incorporated under the laws of the State of Nevada whose principal business address is Suite # Dxb 493, 182nd Street, Springfield Gardens, NY 11413. ImageShare (a imageshare inc. company) is also referred to in these Terms as "we" and "us". 2. Purpose of the Service ImageShare (a imageshare inc. company) offers digital photography services that provide the ability to view, share, store and print digital images through a range of electronic devices including personal computers and hand-held devices. 3. Availability ImageShare (a imageshare inc. company) uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of ImageShare (a imageshare inc. company) . Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of ImageShare (a imageshare inc. company) You agree that ImageShare (a imageshare inc. company) shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service. 4. Privacy We have a firm commitment to safeguarding your privacy. Please review ImageShare (a imageshare inc. company) 's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms. 5. Trademarks We have a firm commitment to safeguarding your privacy. Please review ImageShare (a imageshare inc. company) 's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms. 6. Copyright ImageShare (a imageshare inc. company) is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice. 7. Reporting Violations of Your Copyrights If you believe the copyright in your work has been violated through this Service, please contact ImageShare (a imageshare inc. company) 's agent for notice of claims of copyright infringement, who can be reached at copyrightconcerns@imageshare.com, or at ImageShare (a imageshare inc. company) , attention: Copyright Agent, 182nd Street, Springfield Gardens, NY 11413. You must provide our agent with the following information, which ImageShare (a imageshare inc. company) may then forward to the alleged infringer: a. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service; b. provide your address, telephone number, and email address; c. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; d. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and e. provide your physical or electronic signature. Upon receiving your complaint, ImageShare (a imageshare inc. company) may remove content that you believe infringes your copyright. In addition, ImageShare (a imageshare inc. company) may terminate the account of the member who appears to be infringing your intellectual property rights. 8. External Links From time to time ImageShare (a imageshare inc. company) may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that ImageShare (a imageshare inc. company) is not liable for any loss or damage that you may suffer by using other websites. 9. Amendment of the Terms We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to ImageShare (a imageshare inc. company) for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes. 10. Applicable Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York. 11. Disclaimer of Warranty and Limitation of Liability THE SERVICE, ImageShare (A imageshare inc. COMPANY) 'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ImageShare (A imageshare inc. COMPANY) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO ImageShare (A imageshare inc. COMPANY) , AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, ImageShare (A imageshare inc. COMPANY) SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY ImageShare (A imageshare inc. COMPANY) , SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, ImageShare (A imageshare inc. COMPANY) 'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF ImageShare (A imageshare inc. COMPANY) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 12. Conduct You agree not to use the Service: a. for any unlawful purposes; b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable; c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to ImageShare (a imageshare inc. company) and ImageShare (a imageshare inc. company) ; d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; f. to upload, post, email or otherwise transmit any material which is likely to cause harm to imageshare inc. or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; f. to upload, post, email or otherwise transmit any material which is likely to cause harm to ImageShare (a imageshare inc. company) or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; g. to make images hosted by ImageShare (a imageshare inc. company) available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery you create using the Premier Service); h. for any commercial purpose other than to permit a recipient with whom you have shared your images, or anyone who accesses the images you have added to the public gallery you create using the Premier Service, to order photographic prints of those images; i. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; j. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or k. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent. You further agree that you shall not: l. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or m. provide any information to ImageShare (a imageshare inc. company) that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or n. resell the Service or any portion of the Service. 13. General These Terms constitute the entire agreement between ImageShare (a imageshare inc. company) and you with respect to your use of the Service. ImageShare (a imageshare inc. company) 's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. 14. Comments If you have any comments or questions about the Service please contact us by email or phone. Contact us at Customer Service by telephone at (718) 715-1190. Or e-mail support@imageshare.com. Please note that telephone calls made by you to ImageShare (a imageshare inc. company) may be randomly recorded and monitored for training and quality assurance. Part B: Additional Provisions Applicable to Registered Members and Customers In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service. 15. Registration To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. 16. Password
When you register as a member you will be asked to provide a password. As you will
be responsible for all activities that occur under your password, you should keep
your password confidential. You must notify ImageShare (a imageshare inc. company)
immediately of any unauthorized use of your password or if you believe that your
password is no longer confidential. We reserve the right to require you to alter
your password if we believe that your password is no longer secure.
17. Storage Policy ImageShare (a imageshare inc. company) provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your account. To maintain free storage, you need to make a purchase from ImageShare (a imageshare inc. company) at least once every 12 months (the 12 month period will restart with each purchase). If you do not purchase any product or service from us for a period of 12 months, we may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, ImageShare (a imageshare inc. company) may, at its option, terminate access to the account altogether (including deletion of any account information held by ImageShare (a imageshare inc. company) ). We may change this policy at any time, upon reasonable notice to you. In addition to images, ImageShare (a imageshare inc. company) will accept video file uploads up to 15 megabytes per file, and a maximum of 150 megabytes of video files per member account. ImageShare (a imageshare inc. company) will store each video file for 30 days, and reserves the right to remove the video file from the account 30 days after it has been uploaded. 18. Formation of a Binding Contract No contract will exist between you and ImageShare (a imageshare inc. company) for the supply of any services or products unless and until ImageShare (a imageshare inc. company) accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication. All products purchased from ImageShare (a imageshare inc. company) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 19. Pricing and Delivery All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, ImageShare (a imageshare inc. company) will contact you to let you know the correct price and ask you whether you still wish ImageShare (a imageshare inc. company) to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only. 20. Right to Return You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully ImageShare (a imageshare inc. company) 's Return Policy which forms part of these Terms. 21. Image Rights, Sharing and "Favorites" ImageShare (a imageshare inc. company) does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service (for example, in slideshows and on sample merchandise) and fulfill any orders for you or others who have access to your images, you grant to ImageShare (a imageshare inc. company) a non-exclusive, royalty-free license to use, copy, distribute, and display those images. The Service allows you to share images by creating a homepage and adding albums to that gallery, by using the "Share Photos" tab to send an email containing a URL link to one of your albums, or by sending an individual image to a phone. Please note that when you share images, you allow the recipients to share the images with others, add them to their own accounts or galleries, and make photographic prints from those images. The Service also may allow you, and others with whom you have shared your pictures, to mark a picture as a "Favourite". Pictures marked as "Favorites" may be sent to compatible playback devices, such as certain digital cameras and picture viewers. See the description of the Favourites feature on the website for more information. 22. Responsibility for Your Images You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service. 23. Monitoring of Content ImageShare (a imageshare inc. company) does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service. 24. Suspension and Termination of Access and Membership You agree that ImageShare (a imageshare inc. company) may at any time without notice: a. refuse to accept your application to become a member; b. move, change, or suspend any part of the Service; or c. refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in ImageShare (a imageshare inc. company)'s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so. 25. Comments Posted to Galleries If you post a comment to a gallery established by a member who subscribes to the Premier Service, you understand and agree that anyone with access to the gallery will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.), unless you select the option to restrict your comment to only the gallery owner. If you do not want the public (or in the case of password-protected galleries, people with access to the password) to be able to access your comments, you should select the option to restrict access to the owner. You understand and agree that ImageShare (a imageshare inc. company) shall not be liable for any access to, use of or disclosure of any information you include in any such comment. Part C: Additional Provisions Applicable to Subscribers to Premier Services. In addition to the provisions of Part A and Part B of these Terms, the following provisions shall apply to registered members who subscribe to the Premier Service. For purposes of these Terms, "gallery" means the homepage established by a subscriber to the Premier Service. 26. Access to individual galleries If you subscribe to the Premier Service, you will have the ability to select a personal URL to serve as your own gallery and to post any of your images to that gallery. You are responsible for, and will have the ability to edit and delete, all content in your gallery. We reserve the right to require you to change the URL for your gallery. You will have the option to limit access to your gallery by selecting a password. Please see section 16 for your obligations regarding password security. If you enable the password protection option for your gallery, visitors will be prompted to enter a password on a page that displays only one image from your albums, and they will get full access to your images only if they enter your password. If you do not enable a password for your gallery, anyone will be able to access and review all of the images and other content (including comments) in your gallery, and download and order prints or merchandise containing the images. If you do not want the public to be able to access all of your images, you should enable the password protection feature in your gallery. You understand and agree that ImageShare (a imageshare inc. company) shall not be liable for any access to, use of or disclosure of any image, comment or other content in your gallery. As a subscriber to the Premier Service, when you post a comment to a gallery established by another subscriber to the Premier Service, you create a link to your own gallery. Others may be able to access your gallery through that link, depending on whether you published your comment to all guests or only the owner of that gallery, and whether you have password-protected your gallery. 27. Storage For as long as you are a subscriber to the Premier Service, you will not, as described in Section 17 of these Terms, need to make a purchase from ImageShare (a imageshare inc. company) at least once every 12 months to maintain storage of your images. Upon termination of your subscription to the Premier Service, however, the terms of Section 17 of these Terms will apply to your stored images. 28. Subscription Fee By subscribing to the Premier Service, you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Your subscription will renew automatically at the end of the subscription period, unless you cancel it before the end of your current subscription period. (See section 31 for how to cancel.) We reserve the right at any time to change the subscription fee for the Premier Service. In no event will you be charged any new or different fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will no longer receive the Premier Service. 29. Refund Policy Except as described in Section 31 of these Terms, we will not refund any fees paid for subscriptions to the Premier Service. It is your responsibility to determine if the Premier Service meets your needs before you subscribe. 30. Cancellation You may cancel your subscription to the Premier Service at any time. To do so, login to your account and visit the "My Account - Subscription" section. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Premier Service for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription. 31. Termination of Premier Service We may elect, in our sole discretion, to terminate the Premier Service. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Premier Service for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Premier Service because you have failed to comply with any of these Terms. Privacy Statement for ImageShare (a imageshare inc. company) Last Revised November 1, 2006 We at ImageShare (a imageshare inc. company) , have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for ImageShare (a imageshare inc. company) and all of our services, including the ImageShare (a imageshare inc. company) - ImageShare (a imageshare inc. company) Mobile Service (the "Service"). Other sites maintained by ImageShare (a imageshare inc. company) on behalf of third party partners are governed by a separate privacy statement. If you have questions or concerns regarding this statement,you should contact privacyconcerns@imageshare.com. In General Information we collect and how we use it Information sharing Opting-Out, Updates and Security Other sites; Contact Information on Privacy glossary In General Your Photo Albums, Album Sharing, and Address Book ImageShare (a imageshare inc. company) is committed to providing you with a safe environment to upload,share and print your photos. Except for albums you choose to publish to a public gallery as part of the Gallery Premier Service without password protection, your photos are password protected and are not visible to others unless you explicitly share them. See Terms of Service section 26 for further details. If you invite visitors to see your photos, by clicking on the "Share Photos" tab or using the auto-alert feature of the Gallery Premier Service or ImageShare (a imageshare inc. company) Mobile Service, ImageShare (a imageshare inc. company) will send an email to your list of invitees containing the URL to your album. Please note that your invitees can then forward the email containing the URL to other parties, if they choose. If you choose to have the recipients of your album invitations sign in to view your album, then the email address your invitee provides will appear in your guestbook for that album (and, conversely, if you are invited to view an album, the email address you provide will appear in the author's guestbook). If your invitee forwards your email invitation to another party, the email address given by that party will appear in your guestbook as well. ImageShare (a imageshare inc. company) uses the email addresses provided (including those in your address book) only to facilitate your photo sharing activities and for no other purpose. We will not use the addresses described in this section for any other purpose and will not disclose the addresses you provide to any third party. Your Personal Information ImageShare (a imageshare inc. company) only uses your personal information to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. ImageShare (a imageshare inc. company) may disclose information it has collected from any member of the Service and/or content any member has made available on the Service 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 ImageShare (a imageshare inc. company) or others. We may change this Privacy Policy without notice from time to time. Please visit this page for updates and changes. Regardless of later changes or updates, ImageShare (a imageshare inc. company) will not use your information in a new way without first providing you with an opportunity to opt-out. Also, if you have not already done so, please click here to review the Terms of Service that govern your use of the Service. Our privacy policy is considered part of the Terms of Service. Information We Collect and How We Use It Information You Explicitly Provide In order to establish your account or to place any orders for prints or other products provided through the Service, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, mobile phone number, carrier name, and a credit card number and expiration date. We will use that information to send you our mailers (if requested) and to process and communicate with you concerning any order you may submit, and to enable services for your mobile device. We may also ask you for similar information, and information about your photography equipment and practices, if you choose to request a newsletter, enter a contest, fill out a customer survey or participate in a program. We may use this information to make improvements to our service or customize your service experience. In addition, we will share this information with our parent company imageshare inc., who will use your information in accordance with its privacy statement located at www.ImageShare.com (a imageshare inc. company). In any event, we will not share your personally identifiable information with ImageShare (a imageshare inc. company) or any other third parties without giving you the opportunity to opt-out, except as expressly described in the "Third Party Service Providers" section of this Privacy Statement. We use aggregate non-personal information (i.e. information that does not include personally identifiable data) for statistical analysis of user behaviour, product development, content improvement and marketing, promotional and advertising purposes. We may also make that aggregate non-personal information available to select third party partners. Information We Automatically Collect Cookies and Invisible Gifs (also known as "Clear Gifs," "Web Bugs" and "Tracker Gifs") Generally speaking, we use cookies and invisible gifs to track users of the Service (including our newsletter service) and ImageShare (a imageshare inc. company) 's Web site, including photo albums and the shopping areas. For example, when you visit our site, we assign you a unique User ID and store it on your computer in the form of a cookie (unless your browser's cookie support has been disabled). Through the use of cookies, User IDs, and invisible gifs, we are able to optimize the performance and functionality of our site, and to personalize our site for you and present you with content and offers specific to your interests. Disabling Cookies If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser, though please understand this will limit the performance and functionality of ImageShare (a imageshare inc. company) 's Web site. Your browser documentation will provide specific procedures for disabling cookie support. If you would like to opt-out from the newsletter mailing list, please see the instructions under the Choice/Opt-Out section below. IP Address We analyze IP addresses in the aggregate for system administration purposes and to gather broad demographic information. We do not link IP addresses to your computer's User ID, with the following exception: when you place an order using our online checkout process we record your computer's IP address with your order to help us identify fraudulent credit card use. We may share this information with the financial institution that issued the credit card with which an order was placed, or with law enforcement authorities if we determine, or are notified, that the use of the credit card was fraudulent. Affiliate Site ID If you entered ImageShare (a imageshare inc. company) 's Web site by clicking a link or promotion on another Web site (including a ImageShare (a imageshare inc. company) co-branded portion of another Web site), or if you used a site that provides universal registration services to sign up for our site, we will store the ID of that affiliate site in our database along with your computer's User ID. We do this to ensure that the affiliate site receives proper credit for any subsequent order you might place. We may also use this information in conjunction with your activities on our site to help us identify what offers and services may be of interest to you. Information Sharing ImageShare (a imageshare inc. company) If, when you register for the Service, you agree to let ImageShare (a imageshare inc. company) , send promotional information to you, we will share your name, email address, and photo-related activities with ImageShare (a imageshare inc. company) , may use this information to send you promotions and other information regarding its products and services. ImageShare (a imageshare inc. company) will treat your personally identifiable information in accordance with its privacy statement. To prevent ImageShare (a imageshare inc. company) from sending you promotional communications, please refer to the below section Choices/Opt-Out. Third Party Service Providers We may share your personally identifiable information with those companies that assist us in providing the Service to you. Following are some examples of our use of third party service providers: We may share your credit card information with a financial institution to affect your purchase of our products using your credit card. We may share personally identifiable information (not including credit card information) with third parties that assist us with the administration of our newsletters or contests or that help us understand what our customers want and need from our service, including analysis of the results of particular surveys we may perform. We also engage third parties to assist us by tracking the number of visitors to our Web site, including visitors that have "clicked-through" from specified promotions on third party Web sites and those visitors' activities on the site. We may also choose to offer certain third party products, such as Custom Printed Cards, through the Service and may disclose certain portions of your personally identifiable information (not including credit card information) to allow those product producers to fulfil your product order. Other Sites that Offer Services ImageShare (a imageshare inc. company) has various partners that allow us to offer our services through the partner's own Web site, or a co-branded Web site (each, a "Co-Branded Site"). To the extent you take advantage of our services through any Co-Branded Site, ImageShare (a imageshare inc. company) 's use of your information will be governed by the specific Privacy Policy provided on that Co-Branded Site. Please be sure to review the applicable policy if you use our services through a Co-Branded Site. Your Copyrights ImageShare (a imageshare inc. company) respects the intellectual property rights of others. We claim no ownership rights in any image contained in any of your photo albums and will not share your images unless instructed by you or otherwise required by law. Please note that when you share a photo album, you allow the recipients of that album to share and make photographic prints from the images contained in that album. For more information, see our Terms of Service. Opting-Out, Updates and Security Choice/Opt-Out The Service provides you with the opportunity to opt-out of receiving newsletters and other promotional communications from ImageShare (a imageshare inc. company) . To discontinue your receipt of such newsletters and communications, you can do so in the "My Account" section of our Web site or you can send an email with your request to service@imageshare.com. ImageShare (a imageshare inc. company) will continue to send you non-promotional, service emails concerning your account. If you wish to opt-out from receiving promotional communications from ImageShare (a imageshare inc. company) , please review ImageShare (a imageshare inc. company) 's privacy policy at www.ImageShare.com (a imageshare inc. company) for instructions and further information. Correct/Update If you want to review or change any information you previously provided to us, please go to the "My Account" section of the site or you can send an email with your request to service@imageshare.com. De-Activating Your ImageShare (a imageshare inc. company) Account If you want to de-activate your account with ImageShare (a imageshare inc. company) , please send an email to service@imageshare.com with your request. Please note any service to ImageShare (a imageshare inc. company) Mobile will be billed/refunded as agreed when you signed up; we do not offer refunds for the ImageShare (a imageshare inc. company) Mobile Service. Please be sure to include the email address of the account you wish to de-activate. Your account will be de-activated and you will no longer receive communications from us; however, we will keep your account information in our database for record-keeping purposes only. Security The Service has security measures in place to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Except as otherwise stated in this Privacy Statement, access to that data is limited to authorized ImageShare (a imageshare inc. company) staff members and is further restricted by password protection mechanisms. By default, all orders placed on our site are done on a secure server that encrypts all financial information through SSL. We will not store your credit card information in our database unless you explicitly instruct us to do so. Other Sites; Contact Information Links to Other Sites This site may contain links to other sites. ImageShare (a imageshare inc. company) is not responsible for the privacy practices or the content of such other Web sites. Contact information on privacy If you have any questions about this privacy statement, the practices of the Service, or your dealings with us, you can email your questions to privacyconcerns@imageshare.com. Privacy Glossary Here are definitions for commonly used privacy and related Internet terms. Aggregate information Information that may be collected by a Web site but is not "personally identifiable" to you (see definition below). Aggregate information includes demographic data, domain names, and Web site traffic. As long as none of these fields is linked to a user's personal information, the data is considered aggregate. Browser Also called a Web browser. Software that enables you to search and or navigate through Web sites or "browse" parts of the Internet, especially the World Wide Web. Examples: Netscape Navigator and Microsoft Internet Explorer. Cookie A block of text placed in a file on your computer's hard drive by a Web site you've visited. A cookie is used to identify your computer the next time you access the site. Cookies cannot identify an individual user specifically unless the cookie data is attached to personally identifiable information collected some other way, such as via an online registration form. Domain name The company, individual, or organization "name" you use to access a Web site, e.g. www.imageshare.com. See electronic mail. E-mail address The computer version of a postal address. Like a postal address, it contains information about who the e-mail recipient is and where he or she resides on the Internet. Electronic mail Commonly referred to as email, this form of communication enables you to send messages and files from your computer through the Internet to one or more email addresses. Encryption Data that is scrambled into a private code for secure transmission. Internet A worldwide system of interconnected computer networks, whose use is not controlled by any government agency or central authority. Invisible Gif An invisible gif is a simple signal sent from certain emails or Web pages to the sponsor of the emails or Web pages, allowing the sponsor to keep track of the number of users who access the emails and Web pages. Opt-in An option giving you the ability to agree to the collection and dissemination of your personally identifiable information. A site that provides this option is stating that it will not gather or track personally identifiable information about you unless you knowingly provide such information and consent to such activities. Opt-out An option giving you the choice to prevent personally identifiable information from being used by a particular Web site or shared with third parties. Password A private, unique series of letters and/or numbers that you create and must use to gain access to a Web site or the Internet, specific data available online, or to make modifications to restricted-access software (e.g. parental control software). Personally identifiable information Information that can be traced back to an individual user, e.g. your name, postal address, or e-mail address. Personal user preferences tracked by a Web site via a "cookie" (see definition above) is also considered personally identifiable when linked to other personally identifiable information provided by you online. Privacy statement A page on a Web site that lays out the site's privacy policy, i.e. what personal information is collected by the site, how it will be used, whom it will be shared with, and whether you have the option to exercise control over how your information will be used. Web browser See browser. Web site A collection of "pages" or files on the World Wide Web that are linked together and maintained by a company, organization, or individual. Anyone with a Web site may be considered a content provider or a publisher. World Wide Web A part of the Internet that links text, sound, and images in the form of Web pages and sites. Return Policy You may return any product to the Gallery for any reason within 30 days of receipt. In some cases, we may refund or credit your original shipping cost. Please follow the instructions below to complete a return. Instructions for Returning Damaged Orders If your order arrived damaged, please visit our online customer service form or call the toll-free number listed in your order confirmation email. We'll let you know whether you need to return the item to us. If you do need to make a return, go to your Order History and click the "Return Order" link under the order you need to return. Complete the personalized Return Form and return your order within 30 days of receipt, in the original packaging (if possible). Please include the Order Summary found in your original packaging, and use the postage-paid Merchandise Return Label included with the Return Form. Instructions for Returning an Order for Any Other Reason If you're not happy with your order, go to your Order History and click the "Return Order" link under the order you need to return. Complete the personalized Return Form and return your order within 30 days of receipt, in the original packaging (if possible). Please include the Order Summary found in your original packaging, and use the postage-paid Merchandise Return Label included with the Return Form. Returning an order picked up at a retail location Orders picked up at a retail location can be returned to ImageShare (A imageshare inc. COMPANY). Go to your Order History and click the "Return Order" link under the order you need to return. Complete the personalized Return Form and return your order within 30 days of receipt, in the original packaging (if possible). Please include the Order Summary found in your original packaging, and use the postage-paid Merchandise Return Label included with the Return Form. If you request a replacement item, it will be sent to the original retail location for pick up. Returning an item received as a gift To return an item received as a gift, please use the general return form and return the item to the address below: ImageShare(a imageshare inc. company) , Attention: Customer Returns Suite # Dxb 493, 182nd Street, Springfield Gardens, NY 11413 United States Returning a ImageShare (a imageshare inc. company) ImageShare.com purchase from outside the United States To return an order if you are outside the United States, go to your Order History and click the "Return Order" link under the order you need to return. Complete the top of the personalized Return Form and return your order within 30 days of receipt, in the original packaging (if possible). Please include the Order Summary found in your original packaging. The Merchandise Return Label is only valid for packages shipped within the United States. Mail your return to: ImageShare (a imageshare inc. company) , Attention: Customer Returns Suite # Dxb 493, 182nd Street, Springfield Gardens, NY 11413 United States To return a purchase made from one of our international sites, please refer to the site of purchase for instructions. Copyright Policy Ownership All copyright in the material contained on this website (the "Site Material") is owned by ImageShare (a imageshare inc. company) , and its licensees, unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions: License to copy for personal use: You may for your personal use save to your individual storage medium copies of the Site Material as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the Site Material as is reasonable for private purposes provided that all proprietary notices are retained. License to recopy for limited purpose: You may recopy the Site Material to individual third parties for their personal information only if: (a) you acknowledge this Site as the source of the material and you must include such acknowledgement in the copy of the Site Material; and (b) you inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the Site Material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Site may be distributed or copied for any commercial purpose. No part of this Site may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system. ImageShare (a imageshare inc. company) reserves the right to withdraw or modify the licenses set out above at any time. IMPORTANT: the licenses set out above do not apply to any photographic material. Such material has been provided by third parties. For permitted use of third party content you must apply to the relevant content owner. |