|
By
using Kabooza you agree to the following Terms of Service. Please
read them carefully.
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF KABOOZA SERVICE TERMS OF USE
Welcome
to the Kabooza Service. Kabooza is pleased to provide you access to
our Digital Photo Sharing Website (the “Site”) and our
Kabooza software (“Kabooza Backup”), through which we
strive to provide you the best online photo sharing tools. This Terms
of Use Agreement is between you (the “Customer”) and
Kabooza and sets forth the terms and conditions governing your use of
the Site and Kabooza Photo. This is not an agreement between the
people who view Customer online albums and Kabooza. BY USING KABOOZA
BACKUP AND OUR SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION,
ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. Kabooza reserves
the right to change these terms and conditions at any time. The
changes will appear on this screen and are effective immediately. If
you do not agree with any of the terms or conditions contained in
this Agreement or with any future change to this Agreement, do not
use the Site or do not continue to use the Site after such change has
been implemented. In the event that we change the terms of service in
a way that is unacceptable to you, we will offer you a prorated
refund of any pre-paid subscription.
2.
THE KABOOZA SERVICE
Kabooza
provides you with the capability to create and manage online photo
albums via the World Wide Web (the “Service”) in exchange
for your yearly subscription fee. The photos in the albums are
digital images provided by you. We provide you with a copy of our
Kabooza Backup software for use on your own computer, which you are
free to copy as many times as you like for your own personal use.
Kabooza continually improves the Kabooza Backup software and the Site
and you are entitled to those improvements for as long as you
maintain your subscription. As part of the service, Kabooza stores
copies of your digital photos and other photo album information in
its computer servers.
In
order to use the Service, you must be able to access the World Wide
Web. This may include access to a computer, modem or any other
necessary equipment. Kabooza does not provide Internet access, and is
not responsible for the payment of fees associated with establishing
or maintaining such access.
In
addition, you must provide Kabooza with certain information in order
to register for the Service (the "Registration Information").
This Registration Information currently requires you to submit the
following items a) a user name, b) a password, c) a valid email
address, d) your first name, and e) your last name. Kabooza uses this
information to communicate with all users. It is your sole
responsibility to ensure that all Registration Information is
accurate and complete at all times. If any Registration Information
provided by you is untrue, inaccurate, or not current or incomplete,
Kabooza has the right to terminate your account and refuse you any
and all current or future use of the Service. Any other information
entered into the service is maintained to enhance the service.
3.
USER NAME AND SECURITY OF REGISTRATION INFORMATION
You
will be required to select a unique Kabooza user name and password
upon completing the registration process. You are responsible for
maintaining the confidentiality of your user name and password and
for any and all activities that occur under your password or account.
You agree to immediately notify Kabooza of any unauthorized use of
your account or any other security breach known to you. All
registration passwords selected by you are encrypted on the Kabooza
servers. Kabooza encrypts user registration passwords using a one-way
hash and has no access to user registration passwords, and forgotten
or stolen passwords are the sole responsibility of users of the
Service. You may request a new password to be issued, which will be
emailed to your email account of record.
Customer email addresses and other personal information provided to us during registration and payment will only be used to fulfil the agreement with the customer and will not be sold or transferred to any third party other than required by law. Customer email addresses can at times be used to communicate changes in service offerings by Kabooza and partner companies in the interest of making sure that our customers get the best service possible from offered services.
4.
PHOTO CONTENT AND DATA
Kabooza
considers the photos and data that you share with the Service to be
your private information. Kabooza will not edit or disclose
information about you or your private content, except that you agree
that Kabooza may do so in accordance with its then-current privacy
policy or in the good faith belief that such action is reasonably
necessary: (a) to comply with any laws, rules or regulations; (b) to
comply with any legal process; (c) to enforce this Agreement; (d) to
respond to claims that such data violates the rights of third
parties; and (e) to protect the interests of Kabooza or others. As a
Customer you are aware that when you choose to make parts of you data
public or shared that it will be available to others that then have
the ability to copy and spread it to there users as is possible with
all digital data.
You
acknowledge and agree that Kabooza may access all photos, video, data
and other tools of the Service as necessary to identify or resolve
technical problems or to respond to service complaints. You
acknowledge and agree that certain technical processing of
information is and may be required in the ordinary course of
business.
In
order to use the Service, you hereby agree to abide by the current
Kabooza privacy policy, located on the Kabooza site. Such standards
govern the types of photos that you can and cannot store and share
using the Service, as well as the maintenance and use of such
information.
You
acknowledge and agree that Kabooza is not responsible or liable for
the pictures, content, and usage of your online photo albums. You
agree not to store or share through the Service or the Site, among
other items: credit card data, credit card numbers or financial or
credit histories of individuals; social security numbers; sexually
explicit, pornographic, harassing, abusive, harmful or obscene
photos, video or information; information on an individual's health
status; racist or sexist photos or video; stolen or fraudulent photos
or video; photos, video or information related to illegal gambling,
sweepstakes or other games of chance; information or content that
infringes on the intellectual property rights of another third party;
or any otherwise illegal information. If any such information is
identified by Kabooza staff your account will be terminated
immediately and you will not be entitled to any refund of submitted
fees. If you are under the age of 13, you may not post or submit any
personally identifiable information about yourself on the Site.
5.
LIFETIME SUBSCRIPTIONS
Kabooza
may offers lifetime subscriptions. Terms of lifetime subscriptions
are subject to additional conditions as outlined in this section.
A
lifetime subscription runs for the life of the person subscribing.
During that time, Kabooza will store and host your digital image and
allow you online access to manage that collection. Lifetime
subscriptions are not transferable, although this may change in the
future. If Kabooza is to go out of business the subscription ends.
Kabooza may terminate a lifetime subscription at any time by
returning the photos to you and returning your original purchase
price.
In
the event of an acquisition of Kabooza, change of control of Kabooza,
significant merger, or other legal reorganization, Kabooza may
terminate lifetime subscriptions by returning photos s and returning
your purchase price. If Kabooza terminates your account because of a
violation of our terms of service, Kabooza will not provide image or
video data back to you, nor will we refund your subscription price.
Kabooza may change the limits of lifetime accounts from time to time
to reflect costs. Other additional services may be offered for
additional cost.
As
a lifetime subscriber, you are entitled to receive your photos back
via download from the service at anytime the account is active. If
your Kabooza lifetime subscription account has no activity for a
period of 5 years we will consider that account dormant and will
remove online access to the data. We will then keep the data for an
additional 1 year, at which point we will delete your data. Activity
is defined as the addition of new data. You can cancel your lifetime
subscription. If you cancel your subscription, we will be given the
same status as a customer with an expired account.
6.
MODIFICATION OF SERVICE
At
any time, Kabooza may decide to modify, suspend, alter or terminate
Service provided to you for any reason. Kabooza will make any
decisions about modifications to the service in its sole discretion,
with or without notice to you. You accept and acknowledge that
Kabooza reserves this right and agrees that Kabooza will not be
responsible for any modification or discontinuation of the Service.
7.
TERMINATION OF SERVICE
You
agree that Kabooza may terminate your password, account or use of the
Service and, in Kabooza's discretion, terminate your use of Kabooza's
other services for any reason, at its sole discretion, including,
without limitation, if Kabooza believes: (a) that you have violated
or acted inconsistently with this Agreement; (b) that you are not in
compliance with Kabooza’s privacy policy or (c) that you have
violated the rights of Kabooza or other users or parties or (d) that
your account is not in good standing with respect to the payment of
subscription fees.
You
may choose to cancel your account with Kabooza at any time. A
cancellation initiated by you will be called a voluntary termination.
Yearly subscription fees, once paid, are not refundable. If you have
been a paying member of Kabooza for a period of one year then Kabooza
will, upon voluntary termination, allow for the retrieval of your
pictures from the service via internet access for a period of at
least 30 days.
You
acknowledge and agree that any termination of the Service under any
provision of this Agreement may be effected without prior notice, and
you further acknowledge and agree that Kabooza may immediately delete
and discard all information and files in your account and bar any
further access to such files or the Service, with the exception that
Kabooza will allow access to, on voluntary termination under the
above terms, a copy of your digital data for 30 days via internet
access. If Kabooza terminates your account for violation of this
agreement, we will not provide image or video data to you.
8.
LIMITATION OF LIABILITY
KABOOZA
WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE
USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE
FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS
LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA,
INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION
OF TRANSMISSION. KABOOZA WILL NOT BE LIABLE FOR ANY HARM OR LOSS
ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR
TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE
LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU
AGREE THAT KABOOZA IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE
INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS
OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED,
INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT
PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS
DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
9.
GENERAL DISCLAIMER
KABOOZA
PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
KABOOZA FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. KABOOZA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE
FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR
ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU
UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL
SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU.
KABOOZA IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR
COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE
SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT
YOUR OWN RISK AND DISCRETION.
10.
NO RESALE OF THE SERVICE. NON-COMMERICIAL USE.
Your
right to use the Service is personal to you and you may not resell
all or any portion of the Service. This service is intended for
non-commercial use. It may be used for commercial use provided you
stay within the terms of service and other usage limits, described
below. You agree not to reproduce, duplicate, copy, sell, or resell
the Service or your use of or access to the Service. You may not sell
or give away copies of the Kabooza Backup software.
11.
DATA STORAGE
You
understand and agree that all photos and data shared using the
Service will be stored on Kabooza's servers. Kabooza assumes no
responsibility for the deletion or failure to store any data or other
information included by you on the Service. Network traffic may be limited
to users that abuse the Terms and Conditions. This limit is intended to serve the
needs of consumers and may be increased or decreased from time to
time as Kabooza understands general trends in usage. As Kabooza
determines in its sole discretion, additional network bandwidth may
be purchased for a fee. You will not be charged any fees for
additional network bandwidth without prior consent.
There
is no limit on the amount of storage you can use for personal use. Individual files size limit is 1GB (1024 MB)
12.
YOUR CONDUCT
You
agree to abide by all Kabooza standards and applicable local, state,
national and international laws and regulations in your use of the
Service, and you agree not to interfere with the use and enjoyment of
the Service by other users. You agree to be solely responsible for
your actions and the contents of your entries through the Service.
You agree not to impersonate any person or entity, including but not
limited to a Kabooza official, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
You
must be at least 13 years of age to use Kabooza.
You
agree: (1) to comply with all laws regarding the transmission of
technical data exported from the United States through the Service;
(2) not to upload or distribute in any way files that contain
viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer; (3) not to use
the Service for illegal purposes; (4) not to interfere or disrupt
networks connected to the Service; (5) not to use the Site or the
Service for chain letters, junk mail, “spamming”
solicitations (commercial or otherwise) or bulk communications of any
kind and (6) to comply with all regulations, policies and procedures
of networks connected to the Service. You agree not to post, promote
or transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable material of any kind or nature.
You further agree not to transmit or post any material that
encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local,
state, national or international law or regulation. Kabooza may, at
its sole discretion, immediately terminate your access to the Service
should your conduct fail to conform to these terms and conditions.
13.
COPYRIGHT AGENT
If
you believe that your information or any other material has been used
on the Site in a manner that constitutes copyright infringement,
please provide our Copyright Agent with a written notice (e-mail is
sufficient) that includes the following information:
an
electronic or physical signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly
infringed;
identification
of the copyrighted work claimed to have been infringed;
a
description of where the material that you claim is infringing is
located on the Site;
your
address, telephone number, and e-mail address;
a
statement by you that have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
a
statement by you, under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf;
Our
Copyright Agent for notice of claims of copyright infringement on
this Site can be reached on copywriteagent@kabooza.com.
14.
INDEMNIFICATION
You
agree that Kabooza will not be held responsible for any claims,
damages, demands or fees arising out of your violations of these
terms and conditions, Kabooza’s privacy policy or infringements
on the rights of any third parties as a result of your use of the
Site or the Service. You also agree to indemnify Kabooza and its
officers, directors, employees, agents, and partners for any and all
claims that may arise.
15.
PROPRIETARY RIGHTS TO CONTENT
You
acknowledge and agree that all content, including but not limited to
text, software, music, sound, photographs, video, graphics or other
material contained in sponsor advertisements or other information
presented to you through the Site or Kabooza Backup("Content")
is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. You are only permitted to use this
Content as expressly authorized by Kabooza, and may not copy,
reproduce, distribute, or create derivative works from this Content
without express authorization.
16.
THIRD-PARTY WEBSITES AND LINKS TO THE SITE
Kabooza
does not review or monitor any websites linked from your albums and
is not responsible for the content of any such linked web sites. Your
linking to such websites is at your own risk.
17.
SYSTEM INTEGRITY
You
shall not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on our Site. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password with any third parties or
use your password for any unauthorized purpose. You must follow the
recommendations by Kabooza on the FAQ and other technical
documentation to maximise your enjoyment and security of your data.
The
Site contains robot exclusion headers and you agree that you will not
use any robot, spider, other automatic device, or manual process to
monitor or copy our Web pages or the content contained herein without
our prior written permission. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with
the proper working of the Site.
18.
GOVERNING LAW
The
laws of Sweden shall govern this Agreement and the relationship
between you and Kabooza. You agree that any grievances shall be
settled according the procedures and laws within this jurisdiction.
You further agree that any claim, cause or action related to the
Service or this Agreement must be filed within one (1) year after
such claim arose.
The
headings used to describe the sections of this Agreement are solely
for descriptive purposes. They do not imply or refer to a specific
legal description or obligation.
19.
CONTACT INFORMATION
Any
questions or comments can be directed to: support@kabooza.com.
|
Secure payments by 
