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Privacy Statement for Swan Photo Labs
Last Revised February 2009
 
Your Private Photo Albums, Album Sharing, and Address Book
 
Swan Photo Labs is committed to providing you with a safe and private environment to upload, share and print your photos. All of your photos are password protected and are not visible to others unless you explicitly share them. To invite visitors to see your photos, click on the "Share Photos" link and follow the instructions. Swan Photo Labs will send an email to your list of invitees containing the URL to your album. Please note that your invitees can then forward the email containing the URL to other parties, if they choose. Swan Photo Labs uses the email addresses provided only to facilitate your photo sharing activities and for no other purpose. Swan Photo Labs will not use the addresses described in this section for any other purpose and will not disclose the addresses you provide to any third party.
 
Your Personal Information
 
Swan Photo Labs only uses your personal information to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. Swan Photo Labs may disclose information it has collected from any member of the Service and/or content any member has made available on the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Swan Photo Labs or others.
 
Information You Explicitly Provide
 
In order to establish your account or to place any orders for prints or other products providedthrough the Service, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, and a credit card number and expiration date. We will use that information to process and communicate with you concerning any order you may submit.
 
Your Copyrights
 
Swan Photo Labs respects the intellectual property rights of others. Swan Photo Labs claims no ownership rights in any image contained in any of your photo albums and will not share your images unless instructed by you or otherwise required by law. Please note that when you share a photo album, you allow the recipients of that album to share and make photographic prints from the images contained in that album.
 
Protecting your information
 
Swan Photo Labs uses industry best practices to protect your information and your privacy. When your password or credit card number are requested on the site, we use SSL to present secure pages to protect that information. We also guarantee that every order you make at Swan Photo Labs will be 100% safe.
 
Cookies
 
Cookies are pieces of information that your browser receives from Web sites and stores on your computer's hard drive. Information in cookies includes preferences you select while visiting a particular Web site. For example, by storing cookies on your hard drive, you'll return to a specific Web site with the same settings you used on a previous visit. Swan Photo Labs never saves information such as your password or your credit card number on cookies. We do require cookies in order to manage and protect your Swan Photo Labs session.
 
Log files
 
Our servers store IP addresses for all connections to the service. This data is analyzed in the aggregate for administration purposes and is not linked to your personal account. Occasionally, we may use the IP logs to gather information that might help Customer Support respond to an inquiry by you about your account, but will not do so without an initial action by you.
 
Pixel Tags
 
Swan Photo Labs sends email messages to customers who are opted-in for such communications using a third party provider. These messages may contain pixel tags (also known as clear gifs or web beacons). These tags provide statistical information to Swan Photo Labs so we can better understand what communications are successful.
 
Legal exceptions to the rules
 

Only in the case of our good-faith belief that the law requires it or, to protect your or Swan Photo Labs rights or property, will we disclose customer information to proper law enforcement authorities even though you might have sent us an email requesting that we don't share your information. This information may be necessary to identify, contact or bring legal action against anyone who may attempt to cause injury to another's rights or property.

Website Security By:

GeoTrust is a leader in identity verification and trust services for e-business. Its products include web security services for secure e-commerce transactions, identity verification, managed security services and TrustWatch, a free toolbar and search site that helps consumers recognize whether a site has been verified and is safe for the exchange of confidential information. With more than 100,000 companies in over 150 countries using its technology for online security, GeoTrust has rapidly become the second largest identity verification provider in the world.

Terms & Conditins :

Introduction
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Swan Photo Labs Inc.'s online photography service, provided through www.swanphotolabs.com, www.photofinale.com, or co-branded retailer sites (collectively, the "Service").
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

1. Operator
This Service is operated by Swan Photo Labs Inc., Inc. ("Swan Photo Labs Inc."), a company under the laws of the State of California.
Swan Photo Labs Inc. is also referred to in these Terms as "we" and "us".

2. Purpose of the Service
Swan Photo Labs Inc. offers digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices.

3. Backup your data
Swan Photo Labs Inc. requires that you maintain a backup copy of all images and content stored on the Service such that in the event of a catastrophic data loss on the Service, your images will be also be available on your local computer or archived media. 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 material. You are solely responsible for creating back-ups of your digital content.

4. Availability
Swan Photo Labs Inc. uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Swan Photo Labs Inc... Every reasonable step will be taken by Swan Photo Labs Inc. to minimize such disruption where it is within the reasonable control of Swan Photo Labs Inc. You agree that Swan Photo Labs Inc. shall not be liable to you for any modification, suspension or discontinuance of the Service.

5. Privacy
Swan Photo Labs Inc. has a firm commitment to safeguarding your privacy. The terms of Swan Photo Labs Inc’s privacy policy are incorporated into, and considered part of, these Terms.

6. Trademarks
All brand, product and service names used in this Service which identify Swan Photo Labs Inc., Photo Finale ®, or third parties and their products and services are proprietary marks of Swan Photo Labs Inc., and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Swan Photo Labs Inc. or any third party with respect to any such image, logo or name.

7. Copyright
Swan Photo Labs Inc. is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

8. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Swan Photo Labs at [email protected] Photo Labs.com. You must provide the following information, which Swan Photo Labs Inc. may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your physical or electronic signature. Upon receiving your complaint, Swan Photo Labs Inc. may remove content that you believe infringes your copyright. In addition, Swan Photo Labs Inc. may terminate the account of the member who appears to be infringing your intellectual property rights.

9. External Links
From time to time Swan Photo Labs Inc. may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Swan Photo Labs Inc. does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Swan Photo Labs Inc. is not liable for any loss or damage that you may suffer by using other websites.

10. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Swan Photo Labs Inc. for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Virginia.

12. General
These Terms constitute the entire agreement between Swan Photo Labs Inc. and you with respect to your use of the Service. Swan Photo Labs Inc.'s 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 a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

13. Comments
If you have any comments or questions about the Service please contact us by email at [email protected]

Part B: Provisions Applicable to Registered Members and Customers

14. Registration
To purchase from or register as a member of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. 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 and your orders.

15. Password
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Swan Photo Labs Inc. immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

16. Formation of a Binding Contract
No contract will exist between you and Swan Photo Labs Inc. for the supply of any services or products unless and until Swan Photo Labs Inc. accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.

17. Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.

18. Copyright in Your Images
Swan Photo Labs Inc. does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Swan Photo Labs Inc. a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.

19. Conduct
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that 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 right or any moral right of any party including, but not limited to Swan Photo Labs, Inc;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to upload, post, email or otherwise transmit any material which is likely to cause harm to Swan Photo Labs Inc. or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make images hosted by Swan Photo Labs Inc. available for viewing by the general public through a publicly posted link to the image or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
b. provide any information to Swan Photo Labs Inc. that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

20. Monitoring of Content
Swan Photo Labs Inc. does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

21. Suspension and Termination of Access and Membership
You agree that Swan Photo Labs Inc. may at any time without notice:
a. refuse to accept your application to become a member of Swan Photo Labs Inc.;
b. move or suspend any part of the Service; or
c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Swan Photo Labs Inc.'s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Swan Photo Labs Inc. to do so.

22. Disclaimer of Warranty and Limitation of Liability
Swan Photo Labs Inc. agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, SWAN PHOTO LABS INC.'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SWAN PHOTO LABS INC. "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Swan Photo Labs Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO SWAN PHOTO LABS INC., 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 MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, SWAN PHOTO LABS INC. SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY SWAN PHOTO LABS INC., SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, SWAN PHOTO LABS INC. WILL BE LIABLE ONLY FOR THE COST OF THE ORDER.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SWAN PHOTO LABS INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SWAN PHOTO LABS INC.'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SWAN PHOTO LABS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

 

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