Terms of Use

Terms and Condition of Use Agreement

Right to Ownership and Transfer of Intellectual Property
By uploading either photographic or written content (known in this Agreement without limitation as “User Submission”), I, as user of The World’s Photo Album (known in this Agreement as “Owner”) website, certify either that my User Submission is wholly my own or that I alone hold all licenses and rights for its use. I warrant that I have not granted, transferred, or assigned rights to any third parties and that there are no claims, litigation, or other proceedings pending or threatened which could diminish my rights to the User Submission. I further understand that I and I alone am responsible for any consequences, except those as noted below, of posting or publishing the User Submission.

If the likeness or intellectual property of any minor(s) or dependent(s) appears in the User Submission, I guarantee that I am either the legal guardian of such person(s) or that I have the permission of the legal guardian(s) of such person(s) to grant rights as stated in this Agreement.

Authorization of Use of Intellectual Property
I hereby unconditionally authorize representatives of the Owner’s website (whether owners, directors, partners, assigns, heirs, or licensees) to publish or similarly to utilize the User Submission in whole or in part, and my name in connection to it, without duty, contract, or liability to me or to any third party, affiliated or otherwise. Specifically, the Owner’s representatives are authorized to adapt, modify, sell, reproduce, distribute, edit, display, and promote the User Submission in any fashion and in any media or technology now known or to be developed later. I understand that reproduction may include transfer of the User Submission to formats beyond electronic media, such as clothing or artworks. I acknowledge that the User Submission may be used for promotional purposes for the organization of the Owner. I further understand that I am not entitled to any royalties or like payments in recompense for this or any other usage of the User Submission, and I waive claim to such compensation.

Limitations

  1. I understand that by using the Owner’s website, I agree to the terms and conditions set forth in this Agreement. I understand that, should any terms in this Agreement be unlawful, voidable, or unenforceable for any reason, all other terms and conditions remain unaffected and therefore still valid.
  2. I agree to abide by all local, state, and federal laws governing use of the Owner’s website. I acknowledge that I may not use the service in any way that violates applicable local, state, federal, or international laws or government regulations or requirements.
  3. I understand that the Owner reserves the right at any time to modify or update the terms and conditions of this Agreement without notification. Such amendments to this Agreement will become effective immediately upon posting to the website.
  4. I understand that the Owner cannot be held responsible for interruption of service by the website.
  5. I understand that the Owner is not liable for links or the contents of links provided on the website and that I am solely responsible for reviewing the policies and practices of such third party links.
  6. I acknowledge that the content of the Owner’s website, including site design, text, graphics, interfaces, and formats thereof, is the property of the Owner, with all rights reserved.
  7. I acknowledge that the Owner disclaims all warranties with regard to the information provided, including content correctness, accuracy, reliability, and otherwise. I further acknowledge that the Owner disclaims responsibility for any damages arising from contract, negligence, or tort, even if the Owner has been advised of the possibility of such damages.
  8. I understand that I have permission to use the Owner’s website solely for noncommercial, personal purposes.
  9. I agree not to impersonate another person or organization via the Owner’s website. I further agree not to employ the Owner’s website for the purposes of harassment of other individuals or organizations.

Indemnification
I agree that my employment of the Owner’s website is conducted solely at my own risk. I understand that my use of the Owner’s website may be terminated at any time, for any reason, by either party in question. I agree to indemnify and hold the Owner and its representative(s), including owners, partners, shareholders, officers, and employees, harmless from any claim or demand, such as reasonable attorney’s fees and costs, made by any third party due to or arising out of use of the website, any violations of this Agreement, any infringement by users, or any intellectual property or other rights of any person or entity. I understand that no rights exist which grant me authority to terminate usage of the User Submission by the Owner through reproduction, publication, distribution, or similar employment.

I agree to hold the Owner harmless from and against any and all liability, including loss, damage, costs, judgment, and penalties resulting from breach of this agreement. The Owner will not be held responsible for liability from direct, incidental, consequential, or punitive damages derived from my use of the website or the website’s discontinuation of the User Submission. I understand that the intellectual property provided on the Owner’s website is offered “as is,” without warranty of any kind, either expressed or implied, including appropriateness for particular purposes or marketability. The Owner is not now nor will be subject to any liability whatsoever (direct, indirect, contributory, or vicarious) with regard to the employment of the User Submission.

This Agreement is entered into in the State of Alaska, United States of America, where the Owner’s website is operated and provided. As such, both Owner and I are subject to the laws of the state of Alaska, and such laws govern this Terms of Use Agreement. I acknowledge that the Owner makes no claim that the website and accompanying services are appropriate, legal, or available for use in other locations. Should disagreements arise regarding terms stated in this Agreement, such disagreements must be brought before arbitration in the municipality of Anchorage, State of Alaska, United States of America, according to the regulations of the America Arbitration Association in effect, with the provision that the arbitration is heard in confidence by a single arbitrator on an expedited basis. The arbitrator’s decision will be regulated by the terms of this Agreement and will be considered absolute and irrevocable. No jury will be called. Should either party fail to show at the arbitration, the arbitrator may conduct proceeding ex parte. Judgment for either party may be collectible through a court of law in the appropriate venue.

I further understand that disputes falling outside the scope of this Agreement will be handled through the federal and state courts located in Anchorage, Alaska, United States of America, and

I waive any objections to such venues. In addition, I acknowledge that I will not be awarded punitive, incidental, or consequential damages. I waive all rights to increased damages.

Agreement
I acknowledge that this Agreement is self-contained and complete in and of itself and that by participating in this website; I am accepting this Terms of Use Agreement. I acknowledge that the Owner faces no requirement to employ any right or privilege granted by this instrument.

This Agreement binds my heirs, administrators, representatives, executors, and assigns permanently. I will not assign this Agreement to any third party. Attempts to do so will be determined null and void.

I warrant that I am a legal adult and competent to enter into this Agreement. I understand and accept conditions as set out within this Agreement. My electronic signature, as shown by checking the box below, indicates my acceptance of the terms and conditions stated in this Agreement. This electronic signature constitutes the same result as signing this Agreement in person. A printed version of this Agreement shall be considered admissible in legal and administrative proceedings to the same degree that are other written records.