Licensing

1) Content Download AGREEMENT
2) Content Upload AGREEMENT
3) Model Release
4) Property Release  

Permitted Uses:

• For Member’s own personal, non-commercial use
• In websites designs, multimedia presentations, consumer merchandise, broadcast film and video, cell phones themes and toolbar skins.
• In website or PowerPoint templates. Member may use Content in templates that Member intend to sell, but may not distribute the full sized images apart from template. Member has to purchase the Content every time when he or she is going to use it in new, different templates.
• In printed promotional materials, magazines, newspapers, books, e-books, brochures, catalogs, set designs, flyers, CD or DVD cover art, product packaging, business cards, invitations, letterheads.
• In home, office or public place decor, on a canvas or other material to be used as decoration and not resold.
• For other uses that depend upon importance of a Content in Member’s project: where the Content is not used as a heart, main point of a product (provided that the Content is not used as a trademark or logo).

Member may also:

• Modify or alter Content for his or her use.
• In the event of creating of a derivative work based on one or more photographs integrated into this derivative work all rights to such Content shall continue to be owned by Albumo.com or its providers.
• Display the Content in any manner not prohibited by the permitted uses of this Agreement provided that Member includes the copyright information from the Content file in the legal copyright notice.
• Print a temporary copy of a file that is integral to your work product and without which the product could not be completed.
• Print a copy of the Content for Member’s own use in any size, however Member may not resell, sublicense or redistribute it to others.

Prohibited uses

MEMBER MAY NOT USE THE CONTENT IN THE FOLLOWING WAYS:

• Use the Content other than as specified in Permitted Uses without a Special License.
• Use the Content in connection with any service designed to sell "print on demand" products to a number of users: such as a posters, greeting cards, postcard, greeting card, on a t-shirts, mugs, mouse pads, hats, art prints, paintings, calendars, books, or galleries and screensavers without a Special License.
• Resell, redistribute or transfer any Content except as provided in this Agreement. Displaying Content in digital format in resolution greater than 800 x 600 pixels without legal copyright notice, or share the Content by providing access to it on shared disk drives, computer networks.
• Use a Content in unlawful or immoral way with violation of the rights of others such as defamation, pornography, intrusion on privacy or in a manner that infringes any trademark or intellectual property or use a Content in a way that places any person in such Content in a bad light or depicts them in a way that they may find offensive.
• Use any part of Content as a trademark, service mark, logo, or part thereof.

Member has to re-license (re-purchase) the Content each usage of it in a new project or product, with only exception of purchasing of the Content under Special Universal License. 

If Member wants to use purchased Content in connection with the production of any items prohibited by this Standard License, or Member wants to sale items containing purchased Content He or She has to obtain one or more Special Licenses, which support extended needs. We offer a variety of Special Licenses thus Member may choose which of them is more suitable for him or her.   

Special license conditions:

BL:  Basic License – Member may print up to 500 copies of the Content on items for resale such as postcards, mugs, t-shirts, hats, posters, mouse pads, calendars, art prints or similar products even if the Content is the main part of a project. Member may also use licensed Content within software or online software that is intended for resale (number of copies set above still apply). If Member exceeds the amount of allowed prints or copies, the license must be re-purchased again. All other Prohibited uses from the Standard license conditions still apply. The Content purchased under this License can be used in connection with one product or item only. 

EL:  Enhanced License - Member may print up to 25,000 copies of the Content on items for resale such as postcards, mugs, t-shirts, hats, posters, mouse pads, calendars, art prints or similar products ala Café Press. Member may also use licensed Content within software or online software that is intended for resale (number of copies set above still apply). If Member exceeds amount of allowed prints or copies, the license must be purchased again. All other Prohibited uses from the Standard license conditions still apply. The Content purchased under this License can be used in connection with one product or item only. 

TL: Extended License - Member may print up to 100,000 copies of the Content on items for resale such as postcards, mugs, t-shirts, hats, posters, mouse pads, calendars, art prints or similar products ala Café Press. Member may also use licensed Content within software or online software that is intended for resale (number of copies set above still apply). If Member exceeds amount of allowed prints or copies, the license must be purchased again. All other Prohibited uses from the Standard license conditions still apply. The Content purchased under this License can be used in connection with one product or item only. 

UL: Universal License - Member may print unlimited number of copies of the Content on items for resale such as postcards, mugs, t-shirts, hats, posters, mouse pads, calendars, art prints or similar products ala Café Press. Member may also use licensed Content within software or online software that is intended for resale (amount of copies set above still apply). All other Prohibited uses from the Standard license conditions still apply. The Content purchased under this License can be used in connection with multiple products or items. 

Member may not resell the Content, which was purchased under any License offered by Albumo.com, as photos or digital images online. 

Only Member is permitted to use the Content. "Non-transferable" means that except as provided in Agreement, Member may not sell, rent, give, sublicense, or transfer to anyone, the Content or the right to use the Content. 

Member acknowledges that by purchasing a Standard License or one of our Special Licenses to use the Content file from Albumo.com the ownership of this Content does not get transferred to Member in any way. 

Albumo.com requires a written Model Release or Property Release for Content that has identifiable people or easily recognizable private property on it. Albumo.com does not represent or make warranties whatsoever as to the legality or validity of any Model or Property Release associated with Content except as provided above.  

The Member acknowledges that Albumo.com has no rights to license shared Content to third parties. In case of downloading of shared Content from sharing section of the Website Member may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any such Content, in whole or in part, otherwise as provided to Member as part of the sharing services by Albumo.com.  

1. Disclaimer of Warranty; Limitation of Liability

1. MEMBER EXPRESSLY AGREES THAT USE OF ALBUMO.COM WEBSITE IS AT MEMBER'S SOLE RISK. NEITHER ALBUMO.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALBUMO.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH ALBUMO.COM.

2. ALBUMO.COM GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY CONTENT. IT IS MEMBER RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR MEMBER’S USE OF ANY IMAGES ARE OBTAINED.

3. ALBUMO.COM PROVIDES ITS CONTENT ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

4. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT ALBUMO.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.

5. IN NO EVENT WILL ALBUMO.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE ALBUMO.COM CONTENT, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

6. ALBUMO.COM SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO EDIT, REFUSE TO POST OR REMOVE ANY CONTENT SUBMITTED TO OR POSTED ON WEBSITE. WITHOUT LIMITING THE FOREGOING, ALBUMO.COM SHALL HAVE THE RIGHT TO REMOVE ANY MATERIAL THAT ALBUMO.COM, IN ITS SOLE DISCRETION, FINDS TO BE IN VIOLATION OF THE PROVISIONS HEREOF OR OTHERWISE OBJECTIONABLE.

7. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALBUMO.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

8. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

2. Indemnification 

Member agrees to defend, indemnify and hold harmless Albumo.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Albumo.com by Member or Member's Account.  

3. Termination 

Either Albumo.com or Member may terminate this Agreement at any time. Without limiting the foregoing, Albumo.com shall have the right to immediately terminate Member's Account in the event of any conduct by Member which Albumo.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. Upon termination of Member’s access to his or her portions of the Site, member agrees to forfeit all download credits remaining in member’s account.  

4. Miscellaneous

This Agreement and any operating rules for Website established by Albumo.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  

5. ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTENT DOWNLOAD AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ALBUMO.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ALBUMO.COM RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT. 

6. COPYRIGHT NOTICE

Albumo.com and its logos are trademarks of Home Mines, LLC. All rights reserved. All other trademarks appearing on Albumo.com are the property of their respective owners.  

Any rights not expressly granted herein are reserved. 

This is a legal agreement between You (Member), who uploads photographs, images, illustrations (“Content”) for Albumo.com and the owners of Albumo.com ( or "Website"), Home Mines, LLC, which governs the uploading of images, photographs, illustrations or other forms of art ("Content")strong> on a non-exclusive basis. By submitting a Member’s account application Member agrees that he or she is 18 years of age or over and can legally accept this agreement and agrees to be bound by the terms of this Agreement, which may be amended from time to time without any other conditions or declarations. Each upload of Content will be governed by the terms and conditions of this Agreement. If Member does not agree with these terms and conditions, he or she has to terminate a Member’s account. A copy of this agreement has to be printed for your records. 

1. UPLOADING CONTENT

1. Content intended for sale

By uploading photographs, illustrations, video files, animations, data files, and other material (“Content”) to Albumo.com, Member gives Albumo.com, a perpetual, world-wide, non-exclusive privilege and license to use, reproduce, publish, market, sublicense and sell to third parties any Content uploaded or moved by Member to the sale folder in accordance with our Content Upload Rules and accepted by Albumo.com.

The Member acknowledges that all uploaded Content shall be screened by Albumo.com and Albumo.com in its sole discretion, shall decide which of such Content is suitable for posting on the Website and distribution. The Member also acknowledges that Content may be used for sales, marketing and promotional purposes for the Website without compensation due to the Member for use of the Content for such purposes. Albumo.com may abstain from any or all of the preceding without any liability to Member.

Albumo.com and Member agree that all copyrights in and to all the Uploaded Content, including title, remain with the owner of such copyrights, and no copyrights is transferred in any way to Albumo.com or to the third parties.

The Member acknowledges that he or she is not allowed by Albumo.com to upload any Content that contravene any patent, copyright, property right, trademark or any other applicable right. Albumo.com requires a written Model Release or Property Release for Content that has identifiable people or easily recognizable commercial buildings, businesses or private property on it and is intended for sale. Albumo.com does not represent or make warranties as to the legality or validity of any Model or Property Release associated with Content. Member is solely responsible for the uploaded Content and by uploading the Content Member warrants that He or She owns all proprietary rights regarding the Content, and for Content that depicts identifiable persons or property that Member has obtained a valid signed Model or Property release from all required parties. Albumo.com reserves the right to remove any such Content from sale section of the Website that does not have a release.

Albumo.com also reserves the right to reject any accepted Content at any time if Albumo.com finds it's defective, of poor quality or contravenes any right, and the right to deny any account for any reason including fraudulent downloads, obscene materials and materials that can be harmful to others. Member also forfeits the right to remove submitted and approved for sale Content for 400 days since the date of initial upload.  Albumo.com has sole right to remove such content if necessary.  After 400 days has passed, member can remove the Content at any time for any reason at all by request to our Support.

Uploading of the Content found on other stock photography sites also results in the termination of this Agreement and your membership.

If the Content is uploaded on a non-exclusive basis - Member may submit the same Content to others parties such as websites or photo stocks. In case of cooperating with Albumo.com on an exclusive basis, uploaded Content may not be submitted to others. 

2. Shared Content

By uploading photographs, illustrations, video files, animations, data files, and other material (“Content”) to the sharing folder of Albumo.com, Member gives Albumo.com, a perpetual, world-wide, irrevocable, non-exclusive privilege and license to use, store, display, reproduce, publish transmit, transfer, create derivative works, distribute any Content uploaded by Member in accordance with our Content Upload Rules. The Member acknowledges that Albumo.com has no rights to license shared Content to third parties.

The Member acknowledges that all uploaded Content shall be screened by Albumo.com and Albumo.com in its sole discretion, shall decide which of such Content is suitable for posting on the Website.

The Member also acknowledges that Content may be used for marketing and promotional purposes for the Website without compensation due to the Member for use of the Content for such purposes. Albumo.com may abstain from any or all of the preceding without any liability to Member.

Albumo.com and Member agree that all copyrights in and to all the Uploaded Content, including title, remain with the owner of such copyrights, and no copyrights is transferred in any way to Albumo.com or to the third parties.

The Member acknowledges that he or she is not allowed by Albumo.com to upload any Content that contravene any patent, copyright, property right, trademark or any other applicable right.

Albumo.com does not require any Model or Property Releases for shared Content.

Albumo.com also reserves the right to reject any Content at any time if Albumo.com finds it's contravened any right, and the right to deny any account for any reason including fraudulent downloads, pornographic or obscene Content and Content that can be harmful to others. Member also can remove shared Content at any time for any reason at all.

Uploading of the Content found on other stock photography sites is strictly prohibited and results in the termination of this Agreement and your membership. 

2. COMMISSION

Albumo.com pays its Members commission based on the total of purchased in accordance with Albumo’s.com Price Chart Content that uploaded by those Members. Albumo.com will do its best to make payment in 3 business days in response to a written request only. The minimum payout rate is $75. This payment will be net of fees for the processing of any credit card, debit card, or alternative payment method. In case of canceling of Member’s account before reaching $75 in earnings, the amount of earnings will be forfeited.

Albumo.com reserves the right to change the commission and notify its Members by email of the change.

If any Member residing in the United States reaches $400 in payment for any given year - a W9 form will need to be submitted by fax in order to continue payments to that Member. An e-mail will be sent to Member with instructions on how to download and fax this IRS form.  

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

4. Disclaimer of Warranty; Limitation of Liability

1. MEMBER EXPRESSLY AGREES THAT USE OF ALBUMO.COM WEBSITE IS AT MEMBER'S SOLE RISK. NEITHER ALBUMO.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALBUMO.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH ALBUMO.COM.

2. ALBUMO.COM GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY CONTENT. IT IS MEMBER RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR MEMBER’S USE OF ANY IMAGES ARE OBTAINED.

3. ALBUMO.COM PROVIDES ITS CONTENT ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

4. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT ALBUMO.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.

5. IN NO EVENT WILL ALBUMO.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE ALBUMO.COM CONTENT, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

6. ALBUMO.COM SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO EDIT, REFUSE TO POST OR REMOVE ANY CONTENT SUBMITTED TO OR POSTED ON WEBSITE. WITHOUT LIMITING THE FOREGOING, ALBUMO.COM SHALL HAVE THE RIGHT TO REMOVE ANY CONTENT THAT ALBUMO.COM, IN ITS SOLE DISCRETION, FINDS TO BE IN VIOLATION OF THE PROVISIONS HEREOF OR OTHERWISE OBJECTIONABLE.

7. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALBUMO.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

8. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

5. Indemnification 
   

Member agrees to defend, indemnify and hold harmless Albumo.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Albumo.com by Member or Member's Account.   

6. Termination 

Either Albumo.com or Member may terminate this Agreement at any time. Without limiting the foregoing,Albumo.com shall have the right to immediately terminate Member's Account in the event of any conduct by Member which Albumo.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. Upon termination of Member’s access to his or her portions of the Site, member agrees to forfeit all download credits remaining in member’s account.  

7. Miscellaneous

 This Agreement and any operating rules for Website established by Albumo.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.   

8. ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTENT DOWNLOAD AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ALBUMO.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ALBUMO.COM RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT. 

9. COPYRIGHT NOTICE

Albumo.com and its logos are trademarks of Home Mines LLC. All rights reserved. All other trademarks appearing on Albumo.com are the property of their respective owners.  

Albumo Model Release Download Release

Albumo Property Release Download Release