FastAlbum Terms of Service & Privacy Policy

These Terms of Service and Privacy Policy govern your use of this FastAlbum Corporation ("FastAlbum") web site ("Site") and the services provided via the Site.

TERMS OF SERVICE

As used in this FastAlbum Terms of Service and Privacy Policy ("Agreement"), "you" are the person or legal entity setting up an account or otherwise using this Site. You confirm your agreement to the terms and conditions of this Agreement each time you access and use the Site, including at any time after setting up your account and providing your affirmative consent to the Agreement (e.g., clicking the "I Agree" button). Please retain a copy of this Agreement for your records.

1. Right to Access the Site. Subject to your compliance with this Agreement, FastAlbum grants to you a non-exclusive, non-transferable, limited right and license to access the Site for the purpose of: (a) creating web pages hosted by FastAlbum framed within the Site containing text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works and any other content that you upload, post or otherwise transmit to the Site "Your Content" and (b) viewing web pages created by others. You agree that we may communicate with you from time to time electronically in connection with your use of this Site.

2. You Own Your Content and Only Grant FastAlbum License Rights. You retain all ownership of Your Content. By posting or uploading Your Content, you grant FastAlbum a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, publicly perform and display and distribute, broadcast and transmit Your Content in any form, medium, or via any technology and to any device now known or later developed throughout the universe. You understand that FastAlbum has no obligation to keep Your Content confidential and is not liable for any use or disclosure of Your Content. FastAlbum does not guarantee that Your Content or any related data will not be lost, changed or altered. You are responsible for backing up Your Content and any related data. FastAlbum is not responsible for archiving or backing up Your Content or any related data.

3. Your Promise That You Own or Have All Necessary Licenses to Your Content. You warrant and represent that: (a) you either own Your Content or have obtained all necessary rights in Your Content from others as necessary to grant FastAlbum the license rights in Section 2; and (b) that Your Content does not and will not infringe any rights of any third party, including without limitation any copyright, trademark, trade secret, patent, publicity, privacy, moral rights (droit morale) or any other right under the law of any country.

4. Your Promise To Abide by Rules Applicable to Your Content and Use of the Site. You agree not to: (a) interfere or attempt to interfere with the operation of the Site in any way through any means or device including without limitation, spamming, hacking, uploading harmful code, viruses or time bombs, (b) upload, post or otherwise transmit any content or material that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially inappropriate, or harmful to minors in any way, (c) impersonate or misrepresent any person or entity or affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted via the Site; (e) upload, post or otherwise transmit any content or material that you do not have a right to transmit under law or under contractual or fiduciary duty, including without limitation proprietary or and confidential information); (f) upload, post or otherwise transmit any content or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam," "chain letters," or any "pyramid schemes", (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, file or program that could interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (i) interfere with or disrupt the Site or servers or networks connected to the Site, (j) or disobey any requirement, procedure, policy or regulation of any network providing access to the Site; (k) violate any local, state, national or international law; (l) "stalk" or otherwise harass any person; (m) collect or store personal data about other users or (n) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or any services offered by FastAlbum via the Site.

5. FastAlbum Retains Ownership of the Site and Site Structure. FastAlbum retains all ownership of the Site, including without limitation, all Site structure, architecture, software, technology, layout, search and storage systems and directories. FastAlbum may, in its sole discretion, display FastAlbum and third party branding and credits throughout the Site, including without limitation a "Powered by FastAlbum" tag line on any and all web pages in the Site. FastAlbum can, but is not obligated to monitor or review any of Your Content, but can in its sole discretion, remove or block access to any content or material uploaded, posted or otherwise transmitted to this Site, when as deemed necessary or advisable by FastAlbum in good faith to conform to legal requirements, to protect the rights of FastAlbum or others or to comply with any legal process.

6. Copyright Notice and Procedure. If you believe that any portion of the Site or that your copyrighted material been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below. By this filing, FastAlbum seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law of the United States or any state or territory within the United States .

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR SITE ASSISTANCE, REPORTS OF EMAIL ABUSE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): FastAlbum Corporation

Name of Agent Designated to Receive Notification of Claimed Infringement: C. Norlin

Full Address of Designated Agent to Which Notification Should be Sent: 615 Boren Ave., #14 , Seattle , WA 98104

Telephone Number of Designated Agent: (206) 774-5928

Facsimile Number of Designated Agent: (503) 267-4585

Email Address of Designated Agent: chase@FastAlbum.com

To be effective, the Notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

• Service Provider will remove or disable access to the material that is alleged to be infringing;

• Service Provider will forward the written notification to such alleged infringer ("Subscriber");

• Service Provider will take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

• A physical or electronic signature of the Subscriber;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above: Service Provider will promptly provide the Complaining Party with a copy of the Counter Notification; Service Provider will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; Service Provider will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

7. Payment. You promise to pay all charges for use of the Site at the price(s) set forth by FastAlbum for services available at the Site. All charges are exclusive of any value added tax, sales tax or other taxes, levies or duties (collectively "Taxes") and you agree to pay all Taxes, whether or not charged by FastAlbum at the time you pay for services available at the Site. You hereby authorize FastAlbum to charge all fees and Taxes to the credit card account provided by you. If your credit card cannot be verified, is invalid, or is not otherwise acceptable, any services offered at this Site may be deferred, suspended, or cancelled by FastAlbum without notice. You agree to update your credit card information to keep it current at all times and that FastAlbum may submit charges for processing even if the credit card appears to have expired. You also agree that FastAlbum may automatically charge your credit card to renew any services ordered by you at the Site without further authorization from you, unless and until you provide FastAlbum with at least 5 days prior notice that you do not wish to renew the applicable services or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your any services ordered by you by sending an email to: chase@FastAlbum.com. If FastAlbum does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due from you under this Agreement upon demand to FastAlbum.

8. Disclaimer of Warranties and Limitations Storage and Bandwidth. FastAlbum makes reasonable efforts to make the Site available for access and use, but FastAlbum does not guarantee, represent or warrant that the Site will be uninterrupted or error-free or that users will be able to access or use all the Site or its features at all times. FastAlbum provides the Site "AS IS" and "AS AVAILABLE" without any express warranties and disclaims all implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. FastAlbum may impose limits on your use of or access to the Site, including without limitation regarding access bandwidth or storage space relating to Your Content. FastAlbum may restrict or suspend your access to any part or all of the Site at any time, in all cases without notice or liability including without limitation if FastAlbum believes in good faith that you or anyone else are in breach of this Agreement or may harm FastAlbum or others.

9. Your Indemnity. You agree to defend, indemnify and hold FastAlbum, and its subsidiaries, affiliates, officers, agents, directors and employees harmless from any claim, liability, cost, loss or demand, including reasonable attorneys' fees, arising out of Your Content, use of the Site by you or any others that you invite or direct to access or view Your Content, any violation or alleged violation of this Agreement, or your violation of any rights of any third party.

10. International Use. FastAlbum makes no representation that the Site and any content available on it are appropriate or available for use in countries outside the United States . Those who choose to access the Site from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws. No person may export or re-export: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders . You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Change of Site Ownership. You consent to the disclosure to, and use by, a subsequent owner or operator of this Site, of Your Content and any related data if FastAlbum assigns its rights and obligations in connection with the Site or is otherwise acquired via merger, acquisition, or sale of all or substantially all of FastAlbum's assets to a subsequent owner or operator.

12. Termination. You understand and agree that FastAlbum may, in its sole discretion and at any time, terminate your access, to the Site and remove Your Content upon termination. You agree that FastAlbum will not be liable to you or any other person for terminating this Agreement, your access to the Site and/or the removal of Your Content.

13. Exclusion of Certain Damages. UNDER NO CIRCUMSTANCES WILL FASTALBUM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR REVENUES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation on Liability. IN NO EVENT WILL FASTALBUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $5.00 WHICHEVER IS GREATER.

15. Links & Third Party Services. The Site may contain links to other world wide web sites or resources. Since FastAlbum has no control over such sites and resources, you acknowledge and agree that FastAlbum is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Any third party services available to you via this Site may be provided pursuant to separate terms and conditions between you and such third party and if so, you agree to look solely to such third party and not to FastAlbum for all rights and obligations relating to such services.

16. Miscellaneous. This Agreement including the Privacy Policy set forth below (which is incorporated herein by this reference) constitutes the entire agreement between you and FastAlbum and governs your use of the Site and services provided by FastAlbum via such Site and supercedes any prior agreement between you and FastAlbum. This Agreement is governed by the laws of the State of Washington without regard to its conflict of law provisions. You and FastAlbum submit to the personal jurisdiction of and agree to venue in the courts located within King County , Washington . FastAlbum's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. FastAlbum reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site and this Agreement in whole or in part, at any time. Such changes will be effective when posted on the Site and your continued use of the Site after any changes are posted constitutes you acceptance of those changes.

PRIVACY POLICY

FastAlbum welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to: chase@fastalbum.com

1. Personally Identifiable Information Collected at this Site. You can visit portions of the Site at any time without providing any information about yourself. However, in order to use certain portions of the Site, you will need to provide some personally identifiable information.

2. E-mail Newsletter. To subscribe to our e-mail newsletters, you will need to provide your e-mail address and date of birth. You can opt-out of receiving future mailings by following the directions contained in each newsletter (e.g., to "unsubscribe").

3. Accounts. To use FastAlbum services, such as video uploading, file storage, portfolio features, etc., you will need to register and create an account with FastAlbum ("account"). To create such an account, you will need to choose a member name and password. You will also be asked to provide certain personally identifiable information, such as your age, address, telephone number, e-mail address, etc. If you do provide FastAlbum with personally identifiable information, we will take reasonable steps to protect this information. We also urge you to keep your password confidential and refrain from sharing it with others. You agree that information in Your Content will be available to the general public accessing the Site.

4. Other Services, Special Promotions, and Purchases. To participate in some services offered at the Site (e.g., sweepstakes, contests and surveys ("Special Promotions")) or to make online purchases ("Purchases"), you will need to provide personally identifiable information as requested on the applicable web form. This information may be collected directly by FastAlbum or indirectly by a third party, such as a co-sponsor or a vendor involved in or providing services in connection with a Special Promotion, or an e-commerce partner in the case of a Purchase. In most cases, the names of such third parties will be disclosed on the Site (and/or in the rules for a Special Promotion), and you may be given the option of providing your information to them. FastAlbum may offer Special Promotions that ask you to submit information about others. If so, you represent and warrant that you have consent of such people to .

5. Customer Service. The Site may offer support and technical assistance through telephone operators and by email. Whenever you speak with a customer service operator or contact them by email, you do so with the understanding that he or she may view and make changes to your account in order to provide the assistance that you need.

6. Special Notice regarding Children Under 13 Years of Age. Although this Site is not directed towards young children, FastAlbum is intent on complying with applicable laws and regulations regarding children, including the United States ' Children's Online Privacy Protection Act. FastAlbum will not knowingly collect or maintain any personally identifiable information from children under 13. Parents are hereby put on notice that FastAlbum does not provide a mechanism to obtain parental consent. If you are a parent or guardian who has discovered that your child has submitted his or her personal information, FastAlbum will make reasonable efforts to remove the information from its database, at your request. To request the removal of your child's information, please send an email to chase@FastAlbum.com and be sure to include in your message the same member name and password that your child submitted.

7. Non-personally Identifiable Information Collected. As part of the registration process to create an account or to participate in Special Promotions, you may be asked to provide certain information that does not personally identify you. For example, you may be asked to provide information concerning your music or other entertainment preferences, purchasing habits, and the like. FastAlbum requests this information in order to enhance your online experience by understanding you better and to also make you aware of new services, programs or offers which may be of interest to you. In many cases, FastAlbum will automatically collect certain non-personally identifiable information about your use of the Site and services provided by FastAlbum through it. For example, FastAlbum might collect information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the Site, or advertisement that was linked to or from the Site when you visited, and your IP address. To do this, FastAlbum may use cookies and other technology (see below). Your visits to the Site, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

8. Cookies. The Site and advertisements contained on it may contain "cookies." A cookie is a piece of data that a web site can send to your browser, which may then store the cookie on your computer if your browser is enabled to accept cookies. Transparent gifs or web beacons assist in the delivery of cookies. FastAlbum uses cookies, transparent gifs, frames, server log analysis and other technologies as they are developed to customize your experience with the Site. Personally identifiable information (and other information that may be associated with your personally identifiable information) collected through the use of these technologies will be handled in accordance with this Privacy Policy. Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please note, however, that if you block cookies, many portions of the Site will not function properly. You should refer to your browser instructions or help screen to learn more about how to manage cookies.

9. Use of Personal Information Collected at the Site. FastAlbum uses information about you to operate the Site and any services available through it that you request, to inform you of other services or offers in which you might be interested, and to improve and enhance the Site.

10. Purchases of Third Party Services. FastAlbum may work with other companies to provide portions of the Site (e.g., to provide fulfillment for prizes won in a sweepstakes, or to provide other support for a Service or Special Promotion). By participating in such services, you are deemed to consent to the disclosure of your personally identifiable information to these third parties. Third parties who provide prize fulfillment and/or sweepstakes administration will be given your information to carry out their responsibilities in connection with any Special Promotion in which you participate. You should always review the privacy policy of any third party mentioned in a Special Promotion or in connection with your Purchase to determine how your information will be used by that entity.

11. Sharing & Disclosing Information. FastAlbum may disclose your personally identifiable information to third parties under the following circumstances: (a) we have been given your consent to disclose; (b) we have previously informed you of the disclosure; (c) we are required by law or court order to disclose or to comply with any legal or regulatory requirement, including without limitation in connection with a search warrant or demand for documents; (d) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, FastAlbum's rights or property, other Site users, or anyone else. FastAlbum may also use IP addresses in cooperation with your Internet service provider to identify users if FastAlbum deems it necessary to enforce compliance with this Privacy Policy or to protect our Site, FastAlbum customers or others. You consent to the disclosure to, and use by, a subsequent owner or operator of the Site, of any and all information about you contained in the applicable Site database, if FastAlbum assigns its rights and obligations in connection with the Site or is otherwise acquired via merger, acquisition, or sale of all or substantially all of FastAlbum's assets to a subsequent owner or operator. In any such event, you acknowledge that the use and storage or your personal information will be governed by the Privacy Policy of the Site's subsequent owner or operator. In addition to the other disclosures permitted under this Privacy Policy (including personally identifiable information) from time to time, FastAlbum may share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the Site.

12. Data Security. While FastAlbum takes precautions against possible security breaches of the Site, no web site or Internet transmission or connection is completely secure. Consequently, FastAlbum cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and your use of the Site is at your own risk. FastAlbum urges you to keep your personally identifiable information safe by memorizing your password or keeping it in a safe place, separate from your account information, logging out of your User Account, and closing your Web browser. Unless otherwise specified herein or on the Site, credit card numbers are used only for payment processing and are not retained for marketing or any other purposes. FastAlbum uses good faith efforts to employ a security technology known as a secure-socket-layer to protect the transmission of payment information to the Site.

13. Processing Data in the United States. By providing any personal information to the Site, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.

(6.18.04 revision)