These Terms of Use apply to your access to and use of the Mylio Photos+ Shared Albums and the related Mylio Photos and Mylio Photos+ applications (“the Services”).



Your use of the Services is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.

The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Mylio reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email or notifying you in some way during your use of the Services. Your use of the Services will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the notification of the revisions.

GENERAL TERMS

Copyright Policy
Mylio respects the intellectual property rights of others and expects its users to do the same. To that end, all Mylio Photos users are subject to the Copyright Policy set forth below.

HyperLinks
You may create a text hyperlink to the Site, provided such link does not portray Mylio or any of its Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Mylio at any time. You may not frame the services or utilize framing techniques to enclose the Services or other proprietary information without Mylio’s express prior written consent. As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. Mylio does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.

User Content
The Services may enable you to upload, post and transmit photos and videos to the Services (collectively, the “User Content”). You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Mylio does not claim any ownership, right, title or interest in and to your User Content. Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you request, and grant Mylio a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to do the following: (1) provide the Services, including to display the User Content on the Services;(2) comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities; (3) disclose User Content without any compulsory legal process when Mylio believes there is a threat to life or limb. In the absence of a legal requirement to do so, Mylio may refrain from notifying you of Mylio’s disclosures to governmental authorities where such notification may jeopardize an important law enforcement investigation. Mylio may engage service providers for assistance with carrying out any obligation or exercising any right under these Terms of Use. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. From time to time, Mylio may limit the amount of User Content, including your photographs, stored via the Shared Albums. Mylio has the right, at any time, to remove your User Content stored on the Shared Albums in excess of such limits. Further, if Mylio were to terminate an account on the Services for any reason, all User Content associated with such account would be removed.

Acceptable Use
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:

User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful; User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law; User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; unsolicited messages containing promotions, political campaigning, advertising or solicitations; private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers; viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Mylio or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.

Although we prohibit certain activities in these Terms of Use, Mylio does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. Mylio reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Shared Albums, (ii) remove or take down any User Content from the Shared Albums for any reason, at any time, without prior notice, at our sole discretion. Mylio will have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of such activities. Mylio’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.

DISCLAIMER OF WARRANTIES
THE Shared Albums AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYLIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE MYLIO MATERIALS, AND THE PRODUCTS.

LIMITATION OF LIABILITY
IN NO EVENT WILL MYLIO OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE Shared Albums, THE SERVICES, OR THE USER CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MYLIO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MYLIO’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF MYLIO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Shared Albums, THE SERVICES, OR THE USER CONTENT, EXCEED COMPENSATION YOU PAY, IF ANY, TO MYLIO FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to defend, indemnify and hold harmless Mylio and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services or the User Content, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

Dispute Resolution

Applicable Law
Your use of the Services is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law provisions.

Assignment
These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without Mylio’s prior written consent. Mylio will be permitted to assign its rights under these Terms of Use at its sole discretion.

International Users
Mylio is located in the State of Washington in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Mylio occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.

Severability
If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties’ intent.

Survival
The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.

COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Mylio has adopted a policy of terminating, in appropriate circumstances and at Mylio’s sole discretion, the accounts of users who are deemed to be repeat infringers. Mylio may also, at its sole discretion, limit access to Mylio’s services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by notifying Mylio.