TermsE-Yearbook Website Terms of Use Welcome to the E-Yearbook Website. This site is operated by Digital Data Online, Inc. (“DDO”). By accessing and using this website ("Website" or “Service”), you are agreeing to the following Terms of Use. The Website is intended solely for access and use by individuals 18 years of age and older. By accessing and using the Website, you are certifying that you are at least 18 years old. "You" or "your" means an adult user of the Website for itself and you as parent or guardian for any minor who you allow to access the Website, for whom you will be held strictly responsible. Your use of the Website indicates that you are bound by this Agreement with us. If you don't agree with any of these terms and conditions, don't use the Website. We encourage you to review the Terms of Use, along with the Privacy Policy which is incorporated by this reference, as they form a binding agreement between DDO and you. In addition, DDO may revise these Terms of Use from time to time, in our discretion, so you should check back periodically to familiarize yourself with any changes. When we make changes we will post the updated Terms of Use on the Website. The changes become effective immediately at the time of posting. In addition to our Terms of Use, when using certain services, you may be subject to certain additional terms required by our third party content providers that may be posted from time to time. Ownership of Website Content The Website and the proprietary material that it contains (collectively, the “Content”) is owned by DDO or its third party licensors and is protected by intellectual property and other laws throughout the world. None of the proprietary content found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of DDO. In addition, the trademarks, logos and service marks displayed on the website are the property of their respective owners. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of DDO or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. Limited Use License You are licensed to use the proprietary Content only for personal, non-commercial purposes. The download of the whole or significant portions of any protected work is prohibited. Downloads using bots or other automated methods is prohibited. Resale of a protected work is prohibited. Online or other republication of proprietary Content is prohibited except in accordance with a separate written agreement with DDO. The use of Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system is prohibited. YOUR VIOLATION OF THIS LICENSE MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ABILITY TO USE THE WEBSITE AND MAY RESULT IN LEGAL ACTION AGAINST YOU FOR INJUNCTION, DAMAGES OR BOTH. Linking To Or From Our Website You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, we have no control over those websites. DDO is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. DDO is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites. WARRANTY AND LIABILITY DISCLAIMER The information, products, and services included on this Website may include inaccuracies. Changes are periodically made to the information herein. We and our third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind. DDO and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the Service for any purpose. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If DDO provides links to third party sites, DDO makes no warranty concerning third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from DDO. DDO expressly disclaims any implied warranties, including the implied warranties of merchantability, fitness for purpose or non-infringement. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE. SUBSCRIBER TERMS Subscriber Registration As part of the registration process, you will provide a username and password. You must provide DDO with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. If you are subscribing or registering for use of this Website from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the applicable privacy policy. You acknowledge and agree that we may disclose your information (including, but not limited to, suspect payment information, email addresses, IP addresses, etc. and searches conducted) if we believe that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public. Similarly, we may use that information, in conjunction with our security partners and / or law enforcement to assist those we reasonably believe to have been victimized by such fraudulent use of the Website and Services. You further agree to fully cooperate with all audits and investigations of our customers and systems. Subscriber Conduct You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies. Subscriber Fees And Payments Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annual or monthly) you have chosen. Billing charges will be processed at the time your order is taken. All charges are final and no refunds will be made. The monthly option requires a 3 month minimum which gets billed upfront. Opting Out of Renewal. You may opt out of renewing your membership by completing our online cancellation form at least two business days before the renewal date. Please click HERE to access the form. The cancellation form is also available from the "My Account" page. If you do not let us know that you want to terminate your membership at least two business days prior to the end of the current subscription period, the payment for the renewal periof of the subscription will be processed. Cancellation does not entitle you to a refund of amounts paid. Subscription costs may be changed by DDO at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. You agree to pay using a valid credit card or debit card (Payment Method) and affirm that you are authorized to use such Payment Method. We reserve the right to suspend use of the Website and/or Services to any delinquent account without notice. You agree to provide us with accurate payment information. You further agree that we may store and use the payment information you provide (including credit or debit card information) for use in maintaining your account and billing fees for future authorized purchases. You must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Method. Each renewal payment will take place on or about the expiration date of the current subscription period. If the renewal fails for any reason, we may attempt to process it for a period of up to 180 days in accordance with our standard renewal practices then in effect. Except as required by law, you agree that DDO will not provide you with notices prior to each renewal payment. If the credit card or debit card provide by you has expired during an attempt to renew fees you authorize DDO to revise the expiration date and to proceed with billing using the same credit or debit card account. Also, DDO contracts with third party services that refresh expired or replaced card numbers with the new numbers so that your services do not lapse due to expired or changed Payment Method information. As part of your registration for the Service, you authorize DDO to use such third party account updater services, including consenting to the disclosure of your Payment Method account information to the third party solely for use with the account updater services. Further, you consent to DDO.s receipt and use of your Payment Method account information from your financial institution in connection with your payment for the Services. Subscriber Termination Should you breach this Agreement we will revoke your ability to use the Website and suspend your access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service. Modifications To This Agreement And The Service DDO has the right, at its sole discretion, to modify this Agreement or the Website including the content of the Website at any time. Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes. Email from DDO By registering with our website, DDO may send you at least one email and you will receive our monthly Newsletter Update. You may opt-out of email from our site at any time by following the opt-out instructions in our email. General These Terms of Use and Subscriber Agreement are governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. You agree to the exclusive jurisdiction of the federal and state courts within California. This Agreement is the full and complete agreement between the parties regarding use of the Service. |