Terms of service

Generally

These terms and conditions shall apply to such physical individual or legal entity who uses and visits ("the User") the community site service (the "Community Site") made available by Jalbum AB ("Jalbum"), Gumshornsgatan 13, 114 60 Stockholm, Sweden, Reg No. 556704-8938.

The terms and conditions hereof applies to all use of the Community Site and the User acknowledges that it shall not be permitted access to the Community Site unless the User agrees to be bound by these terms and conditions (including Jalbums privacy policy as set out in Appendix 1).

General

Jalbum offers the Community Service whereby User can share with others or make available to User's own member profile, comments, photo albums, text, pictures, sound, data links, video links, articles and other third party applications, software or content from, and/or links to, third party sites (the "Content"). User acknowledge and agree that use of the Community Site for making available such Content shall be subject to the provisions set forth below and, as applicable, to the terms and conditions set forth in the Jalbum hosting conditions.

The Community Site is normally available 24 hours a day. However, troubleshooting is only carried out during Greenwich Mean Time 09.00 to 18.00.

Jalbum is entitled, without prior notice to the User, to change or make amendments to the Community Site or any parts thereof, and any supplementary service to the Community Site. The User may terminate its' Community Site account at any time.

User's personal data

By accepting these terms and conditions the User acknowledges that Jalbum is entitled to handle personal data referring to the User in accordance with Jalbums privacy policy as set forth in Appendix 1.

The User may at any time revoke its consent to use the personal data as aforesaid. The User acknowledges that Jalbum in such an event is entitled to deny the User further access to the Community Site.

User's responsibility and use of the Community Site

It is the User's responsibility to observe applicable laws, rules and regulations, Jalbum's directions and generally accepted ethical and moral standards when using the Community Site. The User shall not use the Community Site in a manner that causes inconvenience or damage to Jalbum or any third party. If the User learns that the Community Site is used in contravention of the aforesaid, the User shall, if possible, ensure that such usage ceases immediately and inform Jalbum of the breach.

The User is solely liable towards Jalbum, Jalbum's advertisers on the Community Site or a third party for all Content or other information that the User communicates or disseminates by using the Community Site. The User specifically undertakes not to communicate or publish any information that may be deemed to constitute an infringement of another party's rights (including without limitation copyright, right to a trade mark or other intellectual property rights), or that is defamatory, causes offence, incites crime or contains material which is contrary to applicable law (including without limitation discrimination or incitement to racial hatred, or sexually oriented material and child pornography). The User is responsible to ensure that use of the Community does not infringe on Jalbum's or any third party's copyright or other intellectual property rights.

The User shall indemnify and hold Jalbum harmless in respect of all claims that are a direct or indirect consequence of the User's use of the Community Site directed against Jalbum from a third party (for example, if the User, or some other party acting on behalf of the User, causes damage to Jalbum's advertisers on the Community Site or a third party, the User shall indemnify and hold Jalbum harmless in respect of any damage for which Jalbum may be held liable).

Jalbum reserves the right, without notice and without compensation, to freely remove any Content that Jalbum deems to be disturbing, contain improper material and/or otherwise contravenes these terms and conditions, Jalbum's hosting conditions, Swedish or international law and/or constitutes an infringement of any third party's intellectual property rights. Jalbum also reserves the right to immediately block a User's access to the Community Site and terminate these terms and conditions with immediate effect in the event of misuse as described above without thereby incurring any liability for repayment or compensation to the User.

If the User becomes aware that any third party (including any other use) fails to comply with these terms and conditions, the Jalbum hosting conditions or applicable legislation in their use of the Community Site, the User shall promptly contact Jalbum.

Intellectual Property Rights

Jalbum does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other Content that Subscribers chooses to post on the Community Site. After posting Content, the User continues to retain all ownership rights to such Content, and to have the right to use the Content in any way the User choose. However, the User acknowledges that Jalbum, free of charge, is at liberty to handle all Content posted on the Community Site e.g. by making it appear in the Community Site search engine or by making it available in any other function available on the Community Site. Jalbum is, if the User refuses Jalbum this right, free to deny the User access to the Community Site and to remove any Content previously posted by the User.

The Community Site contains intellectual property rights ("Jalbum Content"). Jalbum Content is protected by copyright, trademark, patent, trade secret and other laws, and Jalbum owns and retains all rights in the Jalbum Content. These intellectual property rights include the right to the Jalbum trade mark and logotype.

Server side use of Jalbum as part of a commercial offering

The User is not allowed to use the Jalbum‘s software in automated use as part of a commercial offering unless first having obtained Jalbums express consent to the contemplated use. For the avoidance of doubt Jalbum shall always be entitled to withhold such consent and it may also be subject to commercial negotiations. For enquiries regarding commercial use of the Jalbum software as a server side service please contact Jalbum at

Amendments

Jalbum shall be entitled to amend these terms and conditions (including the privacy policy) at any time.

If the User access the Community Site after an amendment to these terms and conditions have entered into force, the User will be bound by the new terms and conditions. It is the responsibility of the User to keep abreast of the applicable terms and conditions when accessing the Community Site.

Applicable law and disputes

These terms and conditions shall be governed by the substantial laws of Sweden.

Any dispute arising out of these terms and conditions shall be finally settled by Swedish court, the district court of Stockholm exclusively being the first instance.


Appendix 1 Privacy Policy

Introduction

These days, we all need to be careful about the way we use our own personal data. Jalbum would therefore like to take the opportunity to clarify that it will process your personal data in accordance with the Swedish Personal Data Act (1998:204) and this Privacy Policy.

Generally

Jalbum is the controller of personal data pursuant to the provisions of the Swedish Personal Data Act.

Jalbum has created this privacy policy to demonstrate our commitment to protecting the information about yourself that you send to us. This privacy policy only applies to data gathered on Jalbum's Community Site; Jalbum.net (the "Community Site"). The policy does not apply to any other information or websites.

Please review this privacy policy periodically as we may update it from time to time. Each time you visit the Community Site or provide Jalbum with information, you are, by doing so, accepting the practices described in the Community Site's Terms and Conditions and in this privacy policy at that time. You agree that by using the Community Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide for. You also consent to receive emails, as described below.

Personal data

In order to operate the Community Site in an efficient manner and provide Users with the possibility to share Content and information with each other, Jalbum may collect personal data, such as your name, browser type, IP address, e-mail address, telephone number, address, and any other personal or preference information that you choose to provide to us, e.g. in connection with using the Community Site. This information enables us to offer our Users personal and secure areas where the User, after having logged in, can post Content and/or modify Content on the Community Site. Jalbum may also register information pertaining to the User as a basis for the User's connection to the Community Site, administration of the Community Site, customer profiling, market profiling, market analyses (in order to further market and/or product development) and if needed to abide to decisions by governmental agencies and courts.

When posting Content, our Users decide for themselves how much personal information they wish to display.

All Users should be aware that when they voluntarily display or distribute personal data (such as their email address, photos and phone numbers), that information can also be collected and used by other visitors and members to the Community Site. This may result in unsolicited messages from third parties for which Jalbum is not responsible. Also, you may have arrived at this Community Site by following a link from one of Jalbum's from time to time co-operating partners. If so, please be aware that Jalbum may share your information with that co-operating partner and the affiliate may use the information consistent with its privacy policy instead of this one.

As a User of the Community Site, you agree that Jalbum may use your personal data to contact you and deliver information to you that might be of interest to you (such as the Jalbum newsletter or communications regarding your submitted content) and provide communications applicable to your use of the Community Site. By accepting this privacy policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of any further receipt by following the opt out provisions provided in each such communication.

Jalbum may also disclose specific information relating to a User if Jalbum determine that such disclosure is necessary to comply with applicable law, to co-operate with or seek assistance from law enforcement or to protect the interests or safety of Jalbum or other Users of the Community Site. In addition, Jalbum may pass on personal data that we have collected to a third party in the event of a transfer of ownership or assets or the bankruptcy of Jalbum.

Jalbum never asks for sensitive personal data. When the User voluntarily distributes personal data disclosing race, ethnic origin, political views, religious or philosophical belief, the User does this on his or her own initiative, with the risk that Jalbum will process the information, and you hereby agree to such processing.

If you have any questions about Jalbum's processing of your personal data or if you would like to have information on recipients of personal data, we ask you to contact Jalbum at info@Jalbum.net You may also contact this email address if you discover that your personal data is incorrect or believe that Jalbum has processed your personal data contrary to the Personal Data Act or this privacy policy. Jalbum will then endeavour to correct, block and/or delete such incorrect personal data and to correct the improper use of the personal data.

Links

The Community Site may contain links to other website. Jalbum is not responsible for the privacy settings of other web sites. Jalbum encourage Users to be aware when they leave the Community Site to read the privacy statements of each and every web site that collects personally identifiable information. This privacy policy applies solely to information collected by Jalbum.

Advertising

Jalbum uses third party advertising companies for advertisements when you visit the Community Site. These companies may use information about you and your visits to this and other websites in order to advertise on this site and other sites about goods and services of interest to you.

What you should know

Jalbum considers it to be of the utmost importance to protect your privacy. However, as a User of the Community Site you are aware and agree that you assume all responsibility and risk for your use of the Community Site, the Internet generally, and the Content you post or access and for your conduct on and off the Community Site. For the avoidance of doubt this include the responsibility to obtain any necessary consent from individuals featuring in the Content prior to publishing it in the Community Site. We cannot and will not guarantee that the Content you chose to post on the Community Site will not be viewed by unauthorized persons. Jalbum is not responsible for circumvention of any privacy settings or security measures contained on the Community Site. You understand and acknowledge that, even after removal, copies of the Content may remain viewable in cashed and archived pages or if other Users have copied or stored your Content. However, any improper collection or misuse of information provided on the Community Site is a violation of the Community Site and should be reported to Jalbum.net.

As a User, you never need to provide personal data when you visit the Community Site. Logging into the Community Site is always an optional task for you to take. Posting Content on the Community Site puts you and the Content in front of other members and non-members who visits the Community Site.

Cookies

Jalbum only uses cookies for the protection and convenience of our Users. Cookies enable us to offer pages to our Users without asking them to sign in separately each time. However, if a User's system is idle for a longer period of time, the cookie will expire thus forcing the User to sign in again to continue the session. This prevents unauthorised access to the User's information while away from the computer. You may have the ability to reset your browser to refuse all cookies or to indicate when a cookie is being used. However, some of Jalbum's services do not function properly without cookies.

Cookies from third party companies

Jalbum uses third party advertising companies for advertising purposes when you visit the Community Site. These companies may use information (however, not your name, address, email address or telephone number) about your visits to the Community Site and other websites in order to provide advertisements about goods and services of interest to you. However, you have the possibility to refuse all cookies or to indicate when a cookie is being used will also hit cookies from other companies by resetting your browser.