Terms of Service

The Gist
We (The Albums, LLC) offer thealbums.co (the Service) to you, your friends and family and we would love for you to use it. We have chosen to charge our members for the Service so we can make this more private, lasting and just for families. We’d like you to share any of your family’s moments, big and small, with whomever you like. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

If you find any albums on this site that you believe violate our terms of service, please contact us immediately.

Terms of Service:
The following terms and conditions govern all use of the thealbums.co website and all content, services and products available at or through the website. The Service is owned and operated by The Albums, LLC (The Albums). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Site by The Albums (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by The Albums, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Your thealbums.co Account and Site
If you create an account or albums on the Service, you are responsible for maintaining the security of your account and albums, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the albums. You must not describe or post information on your albums in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Albums may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Albums liability.

You must immediately notify The Albums of any unauthorized uses of your albums, your account or any other breaches of security. The Albums will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors
If you operate an account, comment, post material to the Service as a contributor, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, or an audio file.

By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have received permission from your employer to post or make available the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; -the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your albums are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your albums are not named in a manner that misleads your readers into thinking that you are another person or company.

Without limiting any of those representations or warranties, The Albums has the right (though not the obligation) to, in The Albums’ sole discretion (i) refuse or remove any content that, in The Album’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in The Albums’ sole discretion. The Albums will have no obligation to provide a refund of any amounts previously paid.

Your Content Belongs to You
The Albums does not claim any proprietary rights to The Content published in your albums. The Albums will not reproduce, modify, adapt and publish the Content for any purpose. If you delete Content, The Albums will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Responsibility of Website Visitors
The Albums has not reviewed, and cannot review, all of the material posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, The Albums does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Albums disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which thealbums.co links, and that link to thealbums.co. The Albums does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, The Albums does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Albums disclaims any responsibility for any harm resulting from your use of non-The Albums websites and webpages.

Copyright Infringement and DMCA Policy
As The Albums asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by thealbums.co violates your copyright, you are encouraged to notify The Albums. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Albums will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Albums or others. In the case of such termination, The Albums will have no obligation to provide a refund of any amounts previously paid to The Albums.

If you believe that any of the Content on the Service infringes upon any copyright that you own or control, you, or an agent on your behalf, may file a notification of such infringement with our Designated Agent as set forth below. Please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below:

Designated Agent: Andrew Kopke
Mailing Address: Copyright Agent c/o 9450 SW Gemini Dr #63720
Beaverton OR 97008-7105
E-mail Address: akopke@thealbums.co

Please include:

  • The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
  • The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials [512(d)(3)].
  • Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

Intellectual Property
This Agreement does not transfer from The Albums to you any of The Albums’ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Albums. The Albums, The Albums logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of The Albums or The Albums’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any trademarks belonging to The Albums or a third-party.

Any good ideas, suggestions or feedback (Feedback) you submit to The Albums will be considered the sole and exclusive property of The Albums.  You agree to assign to The Albums all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.

Unauthorized Activities
The Service is for personal, non-commerical use only. You may not use the Service to transmit any form of unsolicited advertising. It is unlawful to copy, modify or distribute the Service for any purpose or make the functionality of the Service available to multiple users through any means. You may not exploit the Service to access unauthorized information. You agree not to test, scan, bypass, impair or circumvent any technological measure implemented by The Albums, or third party providers, to protect the Service or Content. Furthermore, you will not interfere with, disrupt, or attempt to disrupt, the access of any user, host or network, by any means.

Disclaimer of Warranties
The Service is provided as is. The Albums and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Albums nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability
In no event will The Albums, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Albums under this agreement during the twelve (12) month period prior to the cause of action. The Albums shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless The Albums, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between The Albums and you concerning the subject matter hereof, and they may only be modified by a written amendment by the posting by The Albums of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oklahoma, U.S.A.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Albums may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log:
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We’d like to thank the folks at Automattic, the makers of wordpress.com and other great products, for making their Terms of Service available for us to alter under the Creative Commons Sharealike License.