Avanquest SendPhotos Terms and Conditions of Use

The Avanquest SendPhotos service available through Avanquest SendPhotos PC, Mobile or website (“Avanquest SendPhotos”) is owned and operated by Avanquest Software (“Avanquest”). These Terms and Conditions of Use (“Terms of Use”) are a legal agreement that govern your access and use of Avanquest SendPhotos. BY ACCESSING, BROWSING OR OTHERWISE USING Avanquest SendPhotos OR USING ANY SERVICE PROVIDED BY AVANQUEST SOFTWARE VIA Avanquest SendPhotos, INCLUDING WITHOUT LIMITATION, DOWNLOADING ANY MATERIALS OR CONTENT, OR UPLOADING MATERIALS OR CONTENT TO Avanquest SendPhotos, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS, AND IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE Avanquest SendPhotos OR THE MATERIALS CONTAINED HEREIN.

THESE TERMS OF USE APPLY FOR ALL THE USERS OF AVANQUEST SENDPHOTOS 5 AND ABOVE VERSIONS. AVANQUEST RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AND OTHER GUIDELINES OR RULES RELATED TO AVANQUEST SENDPHOTOS FROM TIME TO TIME AT ITS SOLE DISCRETION, AND AVANQUEST WILL MAKE A NEW COPY OF TERMS OF USE AVAILABLE AT HTTP://WWW.SENDPHOTOS.COM/TERMS. YOUR CONTINUED USE OF AVANQUEST SENDPHOTOS, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. YOUR USE OF AVANQUEST SENDPHOTOS WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS OF USE, RULES AND GUIDELINES POSTED ON THE WEBSITE AT THE TIME OF SUCH USE. YOU SHOULD PERIODICALLY CHECK THE “TERMS OF USE” LINK ON THE WEBSITE’S HOME PAGE TO VIEW THE CURRENT TERMS. IF YOU BREACH ANY OF THE TERMS OF USE, YOUR AUTHORIZATION TO USE AVANQUEST SENDPHOTOS AUTOMATICALLY TERMINATES, AND ANY MATERIALS DOWNLOADED OR PRINTED FROM THE WEBSITE IN VIOLATION OF THE TERMS OF USE MUST BE IMMEDIATELY DESTROYED.

1. Parties. The parties to these Terms of Use are you, a visitor to the Website ("You"), and Avanquest. Avanquest is a company incorporated under the laws of France, whose principal business address is 91 boulevard National, Immeuble Vision Défense, 92250 la Garenne Colombes, France. Avanquest is also referred to in these Terms as "we" and "us". If the user of Avanquest SendPhotos is an employee or agent of an entity, then "You" means your company, its officers, members, agents, successors and assigns.

2. What is Avanquest SendPhotos. Avanquest SendPhotos is an online photo sharing service. Avanquest SendPhotos allows You to upload photos from your digital camera, mobile phone or PC, edit them, create photo albums and share them online with whoever you want. For a detail description of the service Avanquest SendPhotos and its functionalities, please visit http://www.sendphotos.com/.

3. Use of Materials. Avanquest grants a limited, personal, non-exclusive, non-transferable, non-sublicense able and revocable license to You to view and download and print a single copy of the information, materials and documentation contained on Avanquest SendPhotos (“Materials”) for your non-commercial internal use. You may not modify the Materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of the terms or conditions of the present Terms of Use. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Avanquest SendPhotos contains material that is protected by international copyright and trademark laws. No Materials and no software may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way or decompiled, reverse-engineered or disassembled, unless otherwise specified by Avanquest with respect to particular Materials.

4. Copyrights of Avanquest’ Content. The copyright in all Avanquest SendPhotos Materials provided on Avanquest SendPhotos’ website is owned by Avanquest or by Avanquest’s licensor(s). You acknowledge and agree that Avanquest SendPhotos contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Avanquest SendPhotos Materials presented to You, including without limitation, all text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Avanquest or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly allowed in these Terms of Use, Avanquest does not grant any license or authorization to any user of its copyrightable material or other intellectual property. Furthermore, except as stated herein or in any separate license agreement, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Avanquest or the copyright owner. If You make any other use of Avanquest SendPhotos, except as otherwise provided herein, You may violate copyright and other laws and may be subject to penalties.

5. Copyrights in Your Content. Avanquest SendPhotos has features that allow You to upload digital photographs, digital images, links, text and other content (“Content”) to Avanquest SendPhotos for public display. Additionally, certain of Avanquest’ services (e.g., Your Online Locker, called here Your Online Account) also allow You to upload Content to Avanquest SendPhotos for public display. Any Content that You upload or post or otherwise upload through Avanquest SendPhotos or Your Online Account service will be referred to as “Your Content.” Avanquest does not claim ownership rights in any of Your Content. You grant to Avanquest a non-exclusive, royalty-free, world-wide, non-terminable, irrevocable, perpetual license to use, reproduce, prepare derivative works of, distribute, perform publicly, display publicly and otherwise use Your Content: (i) to provide goods and services to You and Avanquest’ other customers and potential customers, (ii) to provide the Your Online Account service, (iii) to operate Avanquest current and future business, and (iv) as allowed by applicable law. Please note that when You upload or otherwise share Your Content, You allow the recipients to share and make photographic prints from those images. By submitting Your Content to Avanquest SendPhotos, You represent and warrant that You have the full right and authority to submit Your Content and that none of Your Content submitted is subject to any copyright or other proprietary right of a third party. Content submitted by users is not reflective of the views and opinions of Avanquest or its licensors, licensees or any of their respective officers, directors, employees or agents.

6. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed with Avanquest SendPhotos are registered and unregistered Trademarks of Avanquest and others. Nothing on Avanquest SendPhotos should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on Avanquest SendPhotos, without the written permission of the Trademark owner. Avanquest enforces its intellectual property rights to the fullest extent of the law. The Trademark Avanquest may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior, written permission. Avanquest prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any Avanquest website unless establishment of such a link is approved in advance by Avanquest in writing.

7. Your Online Account Service. Avanquest Software provides the Your Online Account service solely as a convenience to You and makes no guarantees or warranties as to the availability or performance of the Your Online Account service, including, without limitation, your ability to use the Your Online Account service or upload or access your online Content. Moreover, Avanquest Software disclaims all liability if any of Your Content posted on Your Online Account is lost, destroyed, corrupted or otherwise damaged. You use Your Online Account service at your own risk.

7.1 Registered Users of Avanquest SendPhotos
A registered user of Avanquest SendPhotos is someone who created a Avanquest SendPhotos account, via (but not limited to) the following means: Avanquest SendPhotos Website (at www.sendphotos.com), Avanquest SendPhotos PC Client, etc… As a registered user of Avanquest SendPhotos, Avanquest Software may enable You to use an online account allowing you to display and share Content on the Website (“Your Online Account”), in the conditions (including but not limited to online storage) defined at www.sendphotos.com.

7.2 Subscribing Users of Avanquest SendPhotos
A subscribing user of Avanquest SendPhotos is someone who actually subscribed for a Avanquest SendPhotos account by paying to access the service, via (but not limited to) purchasing the licence in retailers, OEM, online shop, etc… This subscription is valid for a period of 12 month from the moment where the bill was paid or the software was first installed. As subscriber of Avanquest SendPhotos, Avanquest Software may enable You to use an online account that allows you to display and share Content on the Website (“Your Online Account”) in the conditions (including but not limited to online storage) defined in your account settings available via www.sendphotos.com, for a 12-month period beginning upon the billing day of your Avanquest SendPhotos account. Continued use of the Your Online Account service and access to any of Your Content posted on Avanquest Avanquest SendPhotos websites beyond the initial 12-month time period may require an additional fee.

8. Customer Conduct, Copyright Violations and Illegal or Offensive Material. Avanquest is committed to ensuring that Avanquest SendPhotos remains a fun and safe place to develop and share Your Content. If You are a licensee of the Avanquest SendPhotos or a subscriber to Your Online Account service (in either case, a “Customer”), Avanquest encourages You to use Avanquest SendPhotos to post Your Content via Your Online Account service. To this end, we require that Customers agree not to use the Your Online Account service to process, digitize, post, share or otherwise obtain prohibited Content or materials as defined below.

You acknowledge that Avanquest or its designees reserves the right to, and may from time to time to monitor any and all activity or information (including Content) transmitted or received through Avanquest SendPhotos. However, Avanquest has no obligation to monitor the Content on Avanquest SendPhotos. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Avanquest has the sole discretion to determine whether Content, including Your Content, is prohibited content, and any of Your Content submitted to the Website or the Your Online Account may be subject to examination from time to time by Avanquest. You acknowledge that although Avanquest does not and will not examine and review all of the Content, including Your Content, submitted or transmitted to Avanquest SendPhotos, Avanquest has the absolute right (but not the obligation) to monitor, delete, move, edit Content, including Your Content, or disable Your Online Account service for any reason, at any time, without notice.

You acknowledge, consent and agree that Avanquest may access, preserve and disclose your account information and content if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content violates the rights or third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Avanquest, its users and the public.

When You access Your Online Account, You acknowledge and agree that all Content (whether private or public, and including Your Content) that is posted and stored on or via Avanquest SendPhotos is the sole responsibility of the person who submitted the Content for posting and/or storage. In other words, You are responsible for any of Your Content that You submit. Moreover, You understand that by viewing the other Customer’s Content via Your Online Account service or this Website, You may be exposed to Content that You may consider to be offensive and You take sole responsibility for such exposure. Finally, You acknowledge that Avanquest in no way guarantees the accuracy, quality or appropriateness of Content available on Avanquest SendPhotos or through the Your Online Account service. In no event shall Avanquest (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through Avanquest SendPhotos, or the Your Online Account service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content. You agree that You have hereby been informed and notified that any and all messages and other communications (including Your Content) which You submit to or through Avanquest SendPhotos directly or via Your Online Account can be read by Avanquest and the operators and/or other agents operating Avanquest SendPhotos, whether or not they are the intended recipient(s). You agree to be personally liable and fully defend and indemnify Avanquest for any and all damages directly, indirectly and/or consequentially resulting from Your attempted or actual sharing of Content or information, including Your Content, or other communicating with third-parties through Avanquest SendPhotos alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages and other damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

You agree not to use Avanquest SendPhotos, or the Your Online Account service to upload, transfer or otherwise distribute any Content that:

• Is abusive, threatening, deceptive, pornographic, obscene, defamatory, slanderous, an invasion of privacy, deemed offensive to a number of viewers, or otherwise inappropriate.
• Copyrighted material that is used without the express permission of the owner.
• Violates or encroaches on the rights of others.
• Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise or enable unauthorized access to Avanquest SendPhotos or Your Online Account or any other computer system or network that accesses the content.
• Advocates illegal activity or is used for any unlawful purposes.
• Content that harms minors in any way.
• You do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property.
• Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Your Online Account service;
• Enabling Content hosted by Avanquest available for viewing by the general public through a publicly posted link to the image or otherwise;
• Has any links to the above.

You further agree that You shall not:

• Interfere with or disrupt (or attempt to interfere or disrupt) the Website or the Your Online Account service or servers or networks connected to the Website or Your Online Account, or to disobey any requirements, procedures, policies or regulations of networks connected to the Website or Your Online Account; or
• Provide any information to Avanquest that is false or misleading, that attempts to hide your identity or that You do not have the right to disclose.

9. Reporting Content or Copyright Violations. If You believe the copyright in your work has been violated or that prohibited content of any form is available through Avanquest SendPhotos or Your Online Account, please contact Avanquest' agent for notice of claims or copyright infringement. Avanquest maintains specific contact information including an e-mail address for notifications of claimed infringement concerning materials. All correspondence should be addressed to Avanquest' agent for notice of claimed infringement who can be reached at report abuse@sendphotos.com, or at Avanquest Software, 91 boulevard National, Immeuble Vision Défense, 92257 la Garenne Colombes Cedex, France. You must provide our agent with the following information, which Avanquest may then forward to the alleged infringer:

• URL or identification of the material on Avanquest SendPhotos or the Your Online Account service with enough detail so that we may locate it;
• Your contact information and email address;
• A statement that You have a good faith belief that the disrupted use is not authorized by the copyright owner, its agent, or the law, or why You believe the material is prohibited content or offensive;
• A statement that
  • the information You have provided is accurate, and
  • You are the owner of the copyright interest involved or You are authorized to act on behalf or that owner or You believe the content is prohibited content; and
  • provide your physical or electronic signature.

You may contact Avanquest with complaints regarding allegedly infringing posted Content and Avanquest will investigate those complaints in accordance with applicable laws and policies and procedures. Upon receiving your complaint, Avanquest may remove the Content or disable access to it. If the posted Content is believed in good faith by Avanquest to violate any applicable law, Avanquest will remove or disable access to any such Content and Avanquest will notify the posting party that the Content has been blocked or removed. In addition, Avanquest may terminate the account of the Customer who appears to have uploaded prohibited Content.

10. Compliance with Laws. You shall comply with all local laws relating to any service, product, or download associated with Avanquest SendPhotos, and specifically with all applicable laws regarding the transmission of technical data, including without limitation encryption, exported from the United States of America or the country in which you reside, through the services available with Avanquest SendPhotos.

11. Separate License Agreement(s) For Software And Content. You may acquire software and/or content from Avanquest by download from Avanquest SendPhotos, or otherwise directly from Avanquest. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).

12. Registration Data And Privacy. You may be required to register with Avanquest via Avanquest SendPhotos in order for You to download software from it, or to receive certain services offered by Avanquest that utilize Avanquest SendPhotos. You must provide certain current, complete, and accurate information about You as prompted to do so by the applicable registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. This is especially important with respect to your email address, since that is the primary way in which we will communicate with You about your account. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, Avanquest retains the right, in its sole discretion, to suspend or terminate rights to use Avanquest SendPhotos or the Your Online Account service. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from the Avanquest.com home page. You grant to Avanquest a nonexclusive, worldwide, irrevocable, perpetual license to (i) convert Registration Data into digital format such that it can be read, utilized and displayed by Avanquest' computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, (ii) combine the Registration Data with other content provided by Avanquest, and (iii) otherwise use the Registration Data as allowed by Avanquest Privacy Policy or as is needed to provide You with requested services or products.

13. Password. If You are required to create a password when registering at Avanquest SendPhotos, You will be responsible for all activities that occur under your password and You should treat your password as confidential. You must notify Avanquest immediately of any unauthorized use of your password or if You believe that your password is no longer secure. You agree that Avanquest assumes no liability for unauthorized access to your Content or account.

14. External Links. Avanquest SendPhotos may provide links to other third party Internet websites. Avanquest is not responsible for the availability of such other third party websites and does not endorse and is not responsible or liable for any content, products or other materials available on such other third party websites. Links to external third party websites do not constitute an endorsement by Avanquest of those third party websites or the sponsors of such websites or the content, products, advertising or other materials presented on such websites. Further, Avanquest reserves the right to terminate any link or linking program at any time. Avanquest does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Avanquest shall not be 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 information, goods or services available on or through any such third party websites. If You decide to access any of the third party websites linked to Avanquest SendPhotos, You do this entirely at your own risk.

15. Security. Avanquest uses industry-standard security technologies to protect Content and your privacy, but Avanquest assumes no responsibility for unauthorized access to any Content. The internet is not a secure medium and privacy during transmission cannot be guaranteed. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and Avanquest cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. Avanquest will not be responsible for any damages You may suffer as a result of or in connection with the transmission of any information from or to this Website. Should You decide to transmit information using Avanquest SendPhotos, You recognize that You do so at your own risk.

16. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on Avanquest SendPhotos ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. Avanquest shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

17. NO WARRANTIES. Avanquest SendPhotos AND ALL INFORMATION AND MATERIALS (INCLUDING CONTENT AND YOUR CONTENT) CONTAINED HEREIN, AND EXCEPT AS PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND AVANQUEST, ALL PRODUCTS AND SERVICES OBTAINED THROUGH Avanquest SendPhotos, ARE PROVIDED ON AN "AS IS" BASIS FROM AVANQUEST AND ITS INFORMATION PROVIDERS. AVANQUEST, ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THESE TERMS OF USE, THE WEBSITE, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON Avanquest SendPhotos, THE YOUR ONLINE ACCOUNT SERVICE, THE OPERATION OF THE SOFTWARE AVAILABLE ON Avanquest SendPhotos, THE TRANSACTIONS PERFORMED ON Avanquest SendPhotos, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON Avanquest SendPhotos. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF AVANQUEST AND AVANQUEST’ AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER Avanquest SendPhotos NOR AVANQUEST IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON Avanquest SendPhotos TO SPECIFIC FACTUAL SITUATIONS. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT Avanquest SendPhotos. WITHOUT LIMITING THE FOREGOING, NONE OF AVANQUEST NOR AVANQUEST’S AFFILIATES MAKES ANY WARRANTY THAT (i) Avanquest SendPhotos OR PRODUCTS, CONTENT, YOUR ONLINE ACCOUNT SERVICE OR OTHER SERVICES OFFERED ON Avanquest SendPhotos WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCTS, CONTENT, GOODS, THE YOUR ONLINE ACCOUNT SERVICE OR OTHER SERVICES OFFERED ON Avanquest SendPhotos WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Avanquest SendPhotos, PRODUCTS, CONTENT, GOODS, YOUR ONLINE ACCOUNT SERVICE OR OTHER SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON Avanquest SendPhotos IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF Avanquest SendPhotos OR ANY CONTENT, PRODUCTS, SERVICES, YOUR ONLINE ACCOUNT SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Avanquest SendPhotos WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVANQUEST OR THROUGH Avanquest SendPhotos SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO AVANQUEST, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR CONTENT. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR CONTENT, AVANQUEST SHALL NOT BE LIABLE FOR ANY CONTENT YOU PROVIDE.

18. LIMITED LIABILITY. AVANQUEST AND ALL OF AVANQUEST’ AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, THE YOUR ONLINE ACCOUNT SERVICE, Avanquest SendPhotos, OR OTHER GOODS, PRODUCTS OR SERVICES OBTAINED VIA Avanquest SendPhotos EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. 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 PRODUCTS, GOODS, CONTENT, YOUR ONLINE ACCOUNT SERVICE OR OTHER SERVICES PROVIDED ON Avanquest SendPhotos OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO AVANQUEST, IF ANY, FOR THE SERVICE, PRODUCT, SOFTWARE OR CONTENT AT GIVING RISE TO SUCH CLAIM.

19. Indemnity. You shall indemnify, defend, and hold harmless Avanquest and respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) your use of Avanquest SendPhotos or any software available at or downloaded from Avanquest SendPhotos, (ii) your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (iii) your use of the Content available on or through Avanquest SendPhotos, the Your Online Account service (d) your breach of any of your representations, warranties or obligations set forth in these Terms of Use, (iv) the sale, purchase, transportation, delivery, use or disposal of any Avanquest service, product, or download associated with Avanquest SendPhotos or available through other websites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by your use of Avanquest SendPhotos or any service, product, or download associated with Avanquest SendPhotos (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), (v) any taxes attributable to the relating to any service, product, or download associated with this Website, and (vi) Your Content or Avanquest’ use of Your Content.

20. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in these Terms of Use are for the benefit of Avanquest and You.

21. Termination. In case of breach of any of your obligations contained in the present Terms of Use, Avanquest may, at its sole discretion, deny You access to Avanquest SendPhotos, refuse to fulfill any order or any part of any order, terminate your account and delete any Content stored in your account or on Avanquest SendPhotos, and disable any user name and password associated with You, including, without limitation, if Avanquest believes that You have violated or acted inconsistently with letter or spirit of these Terms of Use.

Avanquest reserves the right at any time and from time to time to modify, move or discontinue, temporarily or permanently, Avanquest SendPhotos (or any part thereof) or any services or products offered via Avanquest SendPhotos, including without limitation Avanquest SendPhotos or the Your Online Account service, with or without notice. You agree that Avanquest shall not be liable to You or to any third party for any modification, suspension or discontinuance of Avanquest SendPhotos or the services or products offered under Avanquest  SendPhotos; however, if You are a Customer of the Your Online Account service, Avanquest will provide You with reasonable prior notice of material changes adversely affecting the Your Online Account service via email or other reasonable means. If You are a Customer of Avanquest SendPhotos and You do not pay for the Your Online Account service after the initial 12-month subscription term, Avanquest may delete the Content stored on Your Online Account. In addition, if Your Online Account becomes inactive for a period of 12 months, Avanquest may, at its option, terminate access to the account altogether (including deletion of any Content and account information held by Avanquest).

22. Consumer Rights. Avanquest maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to Avanquest' agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry: Avanquest Software, Sheridan House, 40-43 Jewry Street, Winchester, Hampshire SO23 8RY – UK. Contact: email: info@sendphotos.com. Please note that telephone calls made by You to Avanquest may be randomly recorded and monitored for training and quality assurance.

You may contact Avanquest with complaints and inquiries regarding pricing and Avanquest will investigate those matters and respond to the inquiries.

23. Minors. The Website is not directed to minors under the age of 16 and Avanquest does not knowingly collect personal information from individuals under the age of 16. You must be 16 years old to use the Website or the Your Online Account service.

24. Controlling Law. This Agreement shall be construed under the laws of France, excluding rules regarding conflicts of law.

25. Jurisdiction And Venue. You and Avanquest agree to submit to the exclusive personal jurisdiction of the courts of Paris, France in all legal proceedings arising under this Agreement.

26. Comments. If you have any comments or questions about this Website or the Service, please contact us by email at info@sendphotos.com or by telephone on (720) 330-1400. Please note that telephone calls made by You to Avanquest may be randomly recorded and monitored for training and quality assurance.

Avanquest' failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these terms are invalid, You agree that the remainder of the terms shall be enforceable.

Last updated February 11, 2009

Copyright © 2009 Avanquest Software – All rights reserved.

SendPhotos.com Privacy Policy

Thank you for visiting www.sendphotos.com (“Avanquest SendPhotos”). Avanquest SendPhotos is operated by Avanquest Software (“Avanquest”) located at 91 boulevard National, Immeuble Vision Défense, 92250 la Garenne Colombes, France. Your access to and use of Avanquest SendPhotos is subject to the following Privacy Policy Statement (“Privacy Policy”) and all applicable laws. The terms “we”, “us” and “our” when used in this Privacy Policy means Avanquest Software. The terms “you” and “your” when used in this Privacy Policy means any user of Avanquest SendPhotos.

We understand your concerns about privacy and we want to assure you that Avanquest SendPhotos takes privacy matters seriously. Therefore, we are providing this notice explaining our online information practices and the choices you can make about the way your information is collected and used. If you have questions regarding this Privacy Policy, you may direct them to us by visiting our support site at www.sendphotos.com/support.

Important: by submitting information manually or in electronic form to us and/or by using Avanquest SendPhotos, you give your consent that all information that you submit may be processed by Avanquest in the manner and for the purposes described below. Do not send Avanquest any confidential or proprietary information other than as necessary to process your order.

To the extent any portions of the following Privacy Policy are inconsistent with applicable law or regulations, or to the extent you provide your express consent for uses not specifically described below, then such laws or regulations, or your express consent, will govern Avanquest use of your personally identifiable information.

Type of information collected

You are free to browse Avanquest SendPhotos without revealing any personally identifiable information about yourself. However, once you give us your personally identifiable information (as further described below), you are not anonymous to us. We collect two types of information from visitors to Avanquest SendPhotos, “Automatic Anonymous Information,” or “AAI,” and “Personally Identifiable Information, or “PII.” We treat AAI and PII differently and the following sections describe both AAI and PII, and address how each type of information is collected and used by Avanquest.

Avanquest SendPhotos may automatically track certain information based upon your behavior. This information does not identify you personally. We use this information to improve the content and functionality of Avanquest SendPhotos, and to better understand and serve our shoppers. This information may include what browser you are using, your IP address, or other information.

"Cookies" are small pieces of information that a website will send to and store on your computer’s hard drive. Avanquest SendPhotos may uses "session cookies" to provide you with a coherent web browsing experience when you visit our site. This type of cookie only lasts for the duration of your visit to our site. If you register with Avanquest SendPhotos and create a new account for yourself, a six (6) months cookie will be placed on your machine so that Avanquest SendPhotos can tailor its output to you. Most browsers automatically accept cookies, but you can configure your browser to prevent the use of cookies. Avanquest may use cookies to make our services available or easier for you to use. For instance, we may use cookies to store preferences or to store items in your shopping cart between visits. We may also store PII in cookies to improve our services and facilitate your use of the Website. Acceptance of cookies is not a requirement to browse Avanquest SendPhotos, however certain features and services may require the use of cookies to work properly, including our shopping cart and check out features. If you would like to place your order without the use of cookies, please email one of our Customer Service Specialists at sales@sendphotos.com.

PII is individually identifiable information about you that could permit one to identify or contact you. At various places on Avanquest SendPhotos, we may request certain PII, such as your name, phone number, e-mail, billing address, shipping address and other personal information. You may choose to provide PII in order to access or use certain features or services of Avanquest SendPhotos, such as making a purchase, registering on Avanquest SendPhotos, signing up for e-mail newsletters, entering a contest or sweepstakes, filling out a survey, or providing feedback. Where possible, we indicate which fields of information are required and which fields are optional. You can always choose not to provide information, but you may not be able to use a particular service or feature on Avanquest SendPhotos.

Use of your information

We use AAI we collect from you for specific and limited purposes including improving our products and services, making your shopping experience more efficient and relevant, and providing you with a personalized service. We may also use your AAI internally to administer Avanquest SendPhotos.

When you register on Avanquest SendPhotos or sign up to receive informational emails, we may ask you for certain PII such as your name, address and/or e-mail address in order to send you informational e-mails or otherwise provide you with the services or features you request. Your consent to such promotional use and disclosure of this information is a condition of your participation.

If you provide us with your e-mail address as part of a purchase transaction on Avanquest SendPhotos, or if you opt-in to receive communications from Avanquest, we may periodically send you newsletters, e-mails featuring exclusive sales and promotions, and e-mails requesting your feedback on our products and services. In addition, if you make a purchase on Avanquest SendPhotos, we may send you order and shipping confirmation emails. You can remove your email from our opt-in list or change your email address at any time with Avanquest by sending request to have your email address removed or changed to info@sendphotos.com.

Avanquest may use your PII to provide you with any information or services you request from Avanquest, including responding to sales and warranty inquires, and to address any communications that you may have initiated or authorized.

Avanquest will also use your PII to fulfill Avanquest’s obligations to you pursuant to any contracts or agreements that you may enter into with Avanquest, including processing your orders and delivering products that you order.

Avanquest may also use your information to provide assistance or support with respect to your use of Avanquest SendPhotos’ or products services, to respond to you inquiries about orders that you’ve placed, to address inquires regarding products that we sell or that you have purchased through the Website, to troubleshoot problems and to resolve disputes that may arise. Further, Avanquest may use your information to improve Avanquest SendPhotos’ content, advertising or services, or to analyze trends or to customize the display or format of Avanquest SendPhotos’ marketing content.

Information shared

Avanquest may share your PII: (i) with Avanquest affiliates or subsidiaries or, as the case may be, with third parties who are under obligations of confidentiality with Avanquest; or (ii) if Avanquest has obtained your consent; or (iii) if Avanquest is required by law to do so; or (iv) in the event of a transfer of ownership of Avanquest, merger or other similar transaction; or (v) as otherwise set forth in this Privacy Policy.
The following describes some of the ways that your PII may be disclosed to third parties: We may employ other third parties to perform services or functions on our behalf in order to improve our websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us (collectively, "agents"). They only have access to PII needed to perform their functions, and they may not share any PII with others or use it for any other purpose than providing or improving Avanquest services and offerings. We may work with third party advertising companies, to serve and track our ads. These third parties may serve other cookies. Our advertising partners may use the aII they collect from Avanquest SendPhotos, in the aggregate, to help us better market and serve our customers.

This Privacy Policy applies only to Avanquest SendPhotos and does not address the practices of third parties who may collect your PII. You may visit other websites, through links on Avanquest SendPhotos, which may collect, use and share your PII in accordance with their own privacy policies. The information practices of those websites linking from or to Avanquest SendPhotos are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your PII to others. If you register for Avanquest SendPhotos on another website or use a website providing a service for Avanquest, that website may provide PII about you and your transactions back to Avanquest.

In order to provide you with the information or products or services which you have requested, we may share or transfer your PII with our affiliates.

Access and update your information

You always have the opportunity to review and change the information you provide to us by logging into the site and entering in the new information yourself. You can edit your name, contact information and preferences by logging into www.sendphotos.com. There, you will find a link to Sign In. Once you have logged in, you can change your information using the Account Tab.

You may ask to have your account information removed from our active databases; however, because we keep track of past purchases, we cannot delete information associated with past purchases. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. Therefore, you should not expect that all of your PII will be completely removed from our databases in response to your requests.

Message boards

We may offer the use of message board-type public forums on Avanquest SendPhotos, such as through the Photo Story feature of Avanquest SendPhotos. Since these may be public areas, please remember that any information you may disclose on our message boards or public forums becomes public information. Accordingly, you should use extreme caution when disclosing your personal information. Avanquest is not responsible or liable for the uses that others may make of information you provide on the message boards and other public forums.

Security

We take reasonable efforts to ensure that your purchase transactions on Avanquest SendPhotos will be safe, and Avanquest makes every effort to protect you from unauthorized credit card charges while you shop at Avanquest SendPhotos. This means you pay nothing if unauthorized charges are made to your credit card as a result of shopping at Avanquest SendPhotos. Additionally, Avanquest uses physical and electronic security measures, including Secure Sockets Layer (SSL), to protect your PII.

Special note about children's privacy

You must be at least 16 years old to have our permission to use Avanquest SendPhotos. We do not knowingly collect, use or disclose PII about visitors under 16 years of age. If you are a minor, you can use this service only in conjunction with your parent’s or guardian’s permission. Doing so, you expressly warrant Avanquest that you are duly authorized by our parent or guardian.

Privacy Policy changes

Avanquest reserves the right to change, modify, add or remove portions of this Privacy Policy at any time. Any changes will be posted in this document and will be identified at the top of the page by its updated date.

Transfer of data abroad

If you are visiting Avanquest SendPhotos from a country other than the countries in which our servers are located (currently the United States of America), the various communications will necessarily result in the transfer of information across international boundaries. By visiting Avanquest SendPhotos and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy.

Governing law

This Privacy Policy forms part of Avanquest SendPhotos Terms and Conditions of Use and as such shall be governed by and construed in accordance with the laws of France without regard to conflicts of a law principles. You hereby consent and waive all objections to jurisdiction of the court of Paris and to venue therein.

Avanquest SendPhotos contacts

If you have further questions about Avanquest‘s Privacy Policy Statement or comments on how we can improve the Avanquest’s shopping experience, please do not hesitate to email us at info@sendphotos.com.

Need more help? You can refer to our Help Center or email one of our friendly Customer Service Specialists at sales@sendphotos.com

You may also contact us at:
Privacy Manager / Avanquest SendPhotos
Avanquest Software
Sheridan House,
40-43 Jewry Street,
Winchester,
Hampshire SO23 8RY - UK

We always enjoy hearing from you and appreciate your business.

Last updated: February 11, 2009.

Copyright © 2009 Avanquest Software – All rights reserved.