Jostens Inc. ("Jostens") operates the Jostens Photo Books™ web site at OurHubbub.com (the "Site") to provide digital photography services, including the ability to view, share, store and print digital images and create memory books from such digital images, each as described and limited in various areas of the Site (collectively, the "Service").
1. Use of Site. You may use the Service, the Site, and the information and/or content that you see, hear or otherwise experience on the Site (collectively, the "Content") solely for your non-commercial, private purposes. Except as otherwise set forth in this Agreement, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Jostens reserves all rights in all Content other than any digital images you own and post and/or upload to the Site. Your use of the Service and the Site is at your own risk.
2. Copyright. The Site and the Content are protected by U.S. and international copyright laws and treaties, and belong to Jostens or its partners, affiliates, contributors or third parties. Except as specifically authorized in this Agreement: (a) you may not reproduce, publicly display, modify, transmit, publish, transfer, or distribute the Content, (b) you may download and print a single copy of the Content for non-commercial, private purposes only, and (c) you may not manipulate or alter the Content in any way without permission from Jostens.
4. Registration. To use the Service, you must be 13 years old or older. If you are under 18 years old, you must obtain your parents' consent to register as a member of the Service. 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, including your email address, is kept accurate and up to date at all times.
5. Password. When you register as a member you will be asked to provide a password. You are solely responsible for all activities that occur under your password. Jostens recommends you keep your password confidential. You agree to notify Jostens immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Jostens reserves the right to require you to alter your password if we believe that your password is no longer secure.
6. Group Leaders; Group Members. If you register as a "Group Leader" of any given project, you agree and acknowledge that you are responsible for ensuring compliance with this Agreement by the other registered members of your group. If you register as a "Group Member" of any given project, you agree and acknowledge that the Group Leader may, in his or her sole discretion, remove any Group Member and any digital images or content submitted by a Group Member from the project space at any time. You further acknowledge that your digital images will be available to other Group Members, even after you are no longer a member of the group.
7. Storage Policy. Jostens provides limited online storage of images to its members. If no member of the project group purchases a product from Jostens for a period of sixty (60) days from the date a project is available for purchase Jostens may delete the images stored in your account. Without limiting the foregoing, Jostens may, at its option, terminate access to the account altogether at any time and for any reason (including deletion of any account information held by Jostens). Jostens may change this policy at any time, upon reasonable notice to you.
8. Responsibility for Your Images. You are responsible for all of the images you upload, share or copy using the Service. By uploading, sharing, or printing an image, you represent and warrant to Jostens that you have the legal right to do so, that you own the copyright in the image and/or have the right to license Jostens to use, copy, print, distribute and display that image, ,that the images do not contain any content that violates any applicable law or regulation, that the image is not defamatory and does not invade the privacy or other rights of any third party, that you agree to waive all moral rights in the image and to assign to Jostens the benefit of any waiver of moral rights you hold in the image, and that identifiable person in the images has consented to the use and disclosure of the image.
9. Image Rights. Jostens does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service and fulfill any orders for you or others who have access to your images, you grant to Jostens a non-exclusive, royalty-free, perpetual, worldwide license to use, copy, print, distribute, and display those images in any media, form or format. This license shall survive and continue, even if you are no longer a registered user of the Site, or a Group Member with respect to a given project. The Service allows you to share images by sending an email containing a URL link to your project, or by sending an individual image to a phone. Please note that when you share images, you allow the recipients to share the images with others, add them to their own projects or accounts, alter or manipulate those images, and make prints from those images. Your use of the Services and the posting and/or uploading of any images constitutes your permission for recipients to use the images as set forth above and your agreement that the images or content is intended for public display.
11. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of your digital images and your Group Member projects, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide any information to Jostens that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or resell the Service or any portion of the Service.
Without limiting the foregoing, you agree not to use the Service to (a) upload, post, order for print, email or otherwise transmit or communicate any material (i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or objectionable or which contains nudity, lewd or lascivious acts, or any act, costume, design, action or other matter which is not appropriate for families (ii) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including but not limited to Jostens, or (iii) that is likely to cause harm to Jostens or anyone else's computer systems, or allow unauthorized access to the Service, which may cause any defect, error, malfunction or corruption to the Service; (b) 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; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) to make images hosted by Jostens available for viewing by the general public through a publicly posted link to the image or otherwise, except as described in paragraph 9; (e) for any commercial purpose other than to permit a recipient with whom you have shared your images to order printed products containing your images; (f) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (g) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or (h) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
13. Availability. Jostens endeavors to make the Service 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. You agree that Jostens will not be liable to you for any modification, suspension, discontinuance or interruptions in or of the Service. You are responsible for creating backups of any content you post to the Service.
15. Linking to this Site. If you would like to link to the Site, you may link to the home page only. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
16. Downloading Files. Jostens cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
17. Software. Any software that may be available for download via the Site is the copyrighted work of Jostens and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
18. Disclaimer of Warranties. JOSTENS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. JOSTENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. JOSTENS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. JOSTENS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOSTENS DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THIS SITE IS LEGAL IN YOUR COUNTRY OR JURISDICTION, AND YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO JOSTENS, 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 FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF AND REPLACING YOUR DIGITAL CONTENT AT YOUR SOLE COST AND EXPENSE. IN THE EVENT OF ANY MISTAKE BY JOSTENS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, JOSTENS WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, JOSTENS'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 IN AGGREGATE.
23. Security. You acknowledge the Site is not a secure web site. If you post or supply any personal or other information or content via the Site, you agree that Jostens will not be responsible for any third party's unauthorized access to or use of such information or content.
24. General Provisions.
|B. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Jostens therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Jostens does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.|
|D. Assignment. Jostens may assign its rights and responsibilities hereunder without notice.|
|E. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.|
Copyright 2011, Jostens Inc.
All rights reserved.
DATE OF LAST MODIFICATION
August 11, 2011