TERMS OF SERVICE

1.

General

 

These terms of service shall apply to anyone signing up ("the User") for the Community Site Service (the "Community Site"). The User may at the Community Site download jAlbum software, 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 User may also choose to be connected to

• the jAlbum Hosting Service (the "Hosting Service") and
• the jAlbum Widgets Service (the "jAlbum Widgets") and
• the jAlbum Standard and Pro licensing programme (the "Software License").

 

The Community Site, the Hosting Site, the jAlbum Widgets and the Software License (each referred to as the "Service" or together as the "Services") are all made available by JAlbum AB ("jAlbum"), Box 1015, 101 38 Stockholm, Sweden, Reg No. 556704-8938.

2.

The Services

2.1

The Services may vary over time. jAlbum's current Services are described at the jalbum.net website. For each particular Service, specific terms and conditions may apply, as further advised by jAlbum.

2.2

At this time, jAlbum is providing three types of accounts in relation to its Hosting Services, a trial account, a paid account and a free account. The User can access a trial account by signing up to the Community Site or converting their free account, while access to a paid account requires the User to subscribe to such a paid account. A trial account automatically terminates 30 days after signing up. Free accounts are only available to Users already having a free account. Different terms apply for these accounts, as specified on jalbum.net.

2.3

A non-paid account may be used only for jAlbum generated content. An album on a non-paid account may not include links (URL's) to any external site in titles, captions, images, or page code. The User profile page for a non-paid account may not include links (URL's) to any external site. jAlbum may, at its discretion, display advertisements in an album on a non-paid account. A User may have only one non-paid account at a time.

2.4

The User subscribes to the paid account by filling in the electronic subscription form available on jalbum.net and paying the relevant fees.

2.5

The jAlbum Widgets may at any time be disabled, enabled, added or removed by the User by signing in to the jalbum.net website. If the User enables jAlbum Widgets, they will appear on the User's content, regardless of where such content is physically hosted. jAlbum Widgets are served from jAlbum's servers, and their appearance may change over time. For Users of non-paid accounts, jAlbum reserves the right to show advertisements in the jAlbum Widgets, or in the jAlbum Widgets menu bar.

2.6

The User must acquire a Pro License if the jAlbum software is used commercially. The Pro License is personal and may be used on all the computers the User uses, but only one at a time. The User must be signed in to validate the Pro License.

3.

Equipment, software and connection

3.1

The Services to be provided hereunder requires the User to be connected to the Internet, and having such necessary equipment as may be required to access the Services, as they may evolve over time. Such connection and equipment shall be arranged, maintained and paid for by the User.

3.2

The User may not use any software in relation to the Services which may cause disturbances to the Services, such as malicious scripts or similar. Should such disturbances occur, the User should immediately remove such software.

3.3

jAlbum is and shall be entitled to constantly develop and improve its Services, technically and commercially. jAlbum undertakes to inform the User on jalbum.net in reasonable time prior to launching any major upgrades or changes to the Services. In the event that such an upgrade or change would significantly limit the possibilities of the User to continue to use the Services as intended, the User shall be entitled to terminate the Services within 14 days after such an upgrade or change was launched. The User shall be considered to have accepted the upgrade and/or change after the end of this period, or if the Services are used by the User within that time.

4.

Fees and payment

4.1

The User shall pay the fees set forth on jalbum.net for any paid services that the User has agreed to purchase.

5.

Personal data

5.1

By providing personal data on jalbum.net, Users who are physical individuals shall be considered to have given consent to the treatment of personal data set forth below and in the jAlbum privacy policy as set out in Appendix 1. It is voluntary to provide the personal data to jAlbum, but the User acknowledges that certain Services cannot be provided if the User does not provide certain mandatory information (including, where applicable, personal identification numbers).

5.2

Information provided by the User will be used to provide a basis for the User's connection to the Services, the provision of the Services, agreement administration, customer profiling and market analyses (such as reasons for the User's cancellation of the terms of service, and information about the utilised services), for market and product development purposes, marketing purposes and payment of fees, and, if necessary, to abide to decisions by governmental agencies and courts.

5.3

For the purposes of providing the Services and agreement management (e.g. payment of fees), personal data may be transferred to parties co-operating with jAlbum, and to other countries, also outside the EES area. jAlbum may also use such information in conjunction with other registers, to the extent necessary to maintain its customer register.

5.4

The User may at any time revoke the User's consent to use the personal data as aforesaid, the User acknowledging that this may lead to jAlbum having to terminate the Services.

5.5

The User is entitled to request information from jAlbum on jAlbum's use of the personal data, and also to receive of a copy of the User's personal data held by jAlbum.

6.

Transfer of the subscription and Software License

6.1

The subscription and Software License of a Service is personal and may not be transferred, nor may the User give anyone else the right to use the User's Software License or subscription to the Service/-s, without the consent of jAlbum.

6.2

jAlbum is entitled to transfer its rights and obligations under the terms of service to an entity that will fulfil jAlbum's obligations in relation to the User.

7.

Disturbances and interruptions

7.1

Upon occurrence of disturbances or interruptions relating to the Services, jAlbum shall commence error diagnostics within a reasonable time after notification from the User. Normally, jAlbum will commence such error diagnostics at the latest after one working day after notification. jAlbum is not under obligation to correct any errors that are caused by circumstances outside jAlbum's reasonable control, such a disturbances relating to the internet service provider, or equipment or software not included in the Services.

7.2

Should such disturbances and/or interruptions make the Service/-s unavailable to the User, the User may request that a corresponding deduction of the Service fees are made. Such deduction will be carried out through reduction of the payable Service fees for the next up-coming period.

8.

Support etc.

8.1

jAlbum will to a limited extent provide e-mail support and support through jAlbum's web forum. The User shall if subscribing to a paid account or having a Software License be entitled to priority support through e-mail.

8.2

jAlbum will continuously maintain its software, its equipment and jalbum.net, and jAlbum reserves the right to temporarily shut down the Services during such maintenance. Should such shut down last longer than five hours, jAlbum will normally notify Users in advance, through e-mail or jalbum.net.

9.

Use of the Service etc

9.1

The User is not allowed to charge others for the direct or indirect use of the Services without jAlbum's prior express consent. Such consent shall be in jAlbum's sole discretion.

9.2

The User shall be solely responsible for its' (and its affiliates', subsidiaries' and representatives') use of the Services.

9.3

The User is not allowed to use the Service/-s to store and/or use executable files including without limitation .exe and disk images including without limitation .img, .bin, .cue, .iso, .mrg, .toas, and .dmg files.

9.4

The User shall abide to applicable legislation and rules, instructions from jAlbum, and generally accepted ethical and moral standards when using the Service/-s (including without limitation discrimination or incitement to racial hatred, or sexually oriented material and child pornography). The User may not use the Service/-s such that jAlbum or any third party is caused any damage. Should the User become aware that Service/-s are used in violation of the a foregoing, the User shall immediately notify jAlbum and take such reasonable steps as can be required in order to ensure that such violation ceases.

9.5

The User may not without proper authorisation access or try to access other Service/-s or other resources through the Service/-s, nor without authorisation try to access, use, destroy, distort or disclose any information belonging to jAlbum or any third party.

9.6

The User shall indemnify and hold jAlbum harmless for any damage inflicted by the User, or any affiliate, subsidiary or representative of the User.

9.7

If jAlbum has reasonable cause to suspect violations against applicable legislation or rules, jAlbum's instructions, this terms of service or generally accepted ethical and/or moral standards, jAlbum shall be entitled, without prior notice and without assuming any liability whatsoever, to disconnect the User from the Service/-s. jAlbum shall further be entitled to take the necessary measures needed in order to prevent further distribution of prohibited information, including without limitation by accessing the Service accounts of the relevant User and deleting or transferring such information. jAlbum shall further be entitled to access such information that is stored, processed or distributed through the Service/-s and to transfer the same to the relevant governmental agencies or courts.

9.8

The User shall be solely responsible for all information the User stores, processes or distributes through the Services. The User shall not distribute information that can be an infringement of any third party's intellectual property rights, or which can be considered to constitute slander or libel, encourages criminal activities, or contains information that could be classified as child pornography, violence or discrimination against race or sex.

9.9

The User shall, where applicable, be of legal age as defined in applicable legislation.

9.10

The User shall not use the service in a way that is negative to jAlbum and deviates from the average jAlbum User usage to a great extent i.e. spreading computer viruses or other software damaging other Users computers, using unnecessary amount of bandwidth or using unnecessary long sessions.

10.

Intellectual property rights, links

10.1

All rights to the jAlbum Services are vested with jAlbum or its rights holders.

10.2

The User or its rights holders, as the case may be, will remain the owner and/or holder of any intellectual property rights of any data provided by the User in relation to the Service/-s.

10.3

jAlbum shall be entitled to create links to the User's web pages, and/or user-generated content.

11.

Limitation of liability

11.1

Aside from what is explicitly set forth herein, jAlbum shall not be liable for any failures, errors, interruptions or disturbances in relation to the Service/-s.

11.2

jAlbum shall not be liable for loss of data or information. jAlbum shall not be liable for any other indirect or consequential losses. Under no circumstances shall jAlbum's aggregate liability hereunder exceed the fees paid by the User during the six months immediately preceding the occurrence of the damage.

11.3

Any claims for damages against jAlbum shall be made within reasonable time after the damage occurred, or three months thereafter, whatever the longer, after which time jAlbum's liability shall cease.

11.4

jAlbum shall not be liable for any damages in relation to circumstances that reasonably are outside jAlbum's control, including without limitation circumstances constituting force majeure, and acts and omissions of third parties.

11.5

jAlbum has provided other companies access to its web page, where such companies are marketing and selling their products and services. Further, jAlbum's web page contains links to other web pages that are not controlled by jAlbum. jAlbum is not responsible for such third parties, their products or services, and explicitly disclaims any liability in relation thereto.

12.

Term

12.1

These terms of service will apply for as long as the User is connected to the Services. For trial and paid account and Software Licenses, the period of connection is specified on jalbum.net, and for paid account requires the User to pay the relevant, recurring fees.

12.2

The Services may be terminated by either party at any time, upon a one month notice period. jAlbum shall be entitled to retain any fees paid by the User, regardless of the cause of such termination, unless otherwise set forth herein.

12.3

Should a User not pay the recurring fees for the Hosting Service, or, for free accounts, fail to show any activity on the account for a period in excess of six months, then jAlbum shall be entitled to remove the contents of the User's account and close the same. jAlbum shall make reasonable efforts to contact the User over the e-mail address provided by the User and available to jAlbum. The User shall then have the option to prolong the User's terms of service with jAlbum (to the extent applicable subject to payment of the then current fees), or, as the case may be in relation to free accounts, to reactivate the account, or remove the contents. If the User has not either prolonged the terms of service with jAlbum (or reactivated the account), or removed the contents within 30 days after such e-mail notification, jAlbum shall be entitled to remove the contents without assuming any liability in relation thereto.

13.

Changes

13.1

jAlbum shall be entitled to change the price and/or other terms and conditions applicable to the Services. The current terms and conditions shall always be available on jalbum.net.

13.2

Should such change referred to above be an increase of fees, or would entail changes that would be materially detrimental to the User, jAlbum shall notify the User through e-mail, and the User shall then be entitled to terminate the terms of service, with effect from when the change is effected. If the User uses the Services after such changes having been implemented, such use shall be deemed to constitute an acceptance of the change.

14.

Applicable law and disputes

14.1

This terms of service and all circumstances pertaining to it shall exclusively be governed by the substantial laws of Sweden.

14.2

Any disputes arising out of this terms of service or the relationship between the parties shall be solved through amicable negotiations in good faith between the parties. In the event that the parties cannot agree, either party may refer such a dispute to a district court of Sweden.

15.

Use by United States Government

15.1

When the User is an instrumentality of the United States Government, the following terms apply.

15.2

Claims for damages other than contract damages: Section 9.6 of the Terms of Service do not apply. Recourse against the United States Government shall be governed by the Federal Tort Claims Act as set forth in 28 USC § 1346(b).

15.3

Claims for damages under a contract: Disputes arising out of any contracts with the United States Government, including this agreement, shall be governed by the Contract Disputes Act 41 USC § 602(a).

Appendix 1 Privacy Policy

1.

Introduction

1.1

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 General Data Protection Regulation in the European Union and this Privacy Policy.

2.

Generally

2.1

jAlbum is the controller of personal data pursuant to the provisions of the General Data Protection Regulation.

2.2

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 through jAlbum's Services. The policy does not apply to any other information or websites.

2.3

Please review this privacy policy periodically as we may update it from time to time. Each time you visit the Services or provide jAlbum with information, you are, by doing so, accepting the practices described in the terms of Services and in this privacy policy at that time. You agree that by using the Services you are expressly and affirmatively consenting to our use and disclosure of the information that you provide for. You also consent to receive e-mails, as described below.

3.

Personal data

2.4

In order to operate the Services 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 Services. 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 Services. jAlbum may also register information pertaining to the User as a basis for the User's connection to the Services, administration of the Services, 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.

2.5

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

2.6

All Users should be aware that when they voluntarily display or distribute personal data (such as their e-mail address, photos and phone numbers), that information can also be collected and used by other visitors and members to the Services. This may result in unsolicited messages from third parties for which jAlbum is not responsible. Also, you may have arrived at these Services 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.

2.7

As a User of the Services, 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 Services. 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.

2.8

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 Services. 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.

2.9

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.

3.0

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 e-mail address if you discover that your personal data is incorrect or believe that jAlbum has processed your personal data contrary to the General Data Protection Regulation 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.

4.

Links

4.1

The Services may contain links to other websites. jAlbum is not responsible for the privacy settings of other web sites. jAlbum encourage Users to be aware when they leave the Services 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.

5.

Advertising

5.1

jAlbum uses third party advertising companies for advertisements when you visit the Services. 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.

6.

What you should know

6.1

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

6.2

As a User, you never need to provide personal data when you visit jalbum.net. Logging into the Services is always optional. Posting content on the Services puts you and the content in front of other members and non-members.

7.

Cookies

7.1

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.

8.

Cookies from third party companies

8.1

jAlbum uses third party advertising companies for advertising purposes when you visit the Services. These companies may use information (however, not your name, address, e-mail address or telephone number) about your visits to the Services 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 by configuring your browser. Please see your browser documentation in order to do this.