FotoFinish Net Terms and Conditions

At FotoFinish Net, users of FotoFinish^® software can upload, edit, and organize their FotoFinish images at a location on the World Wide Web (that user's "Image Site"), and then share their images with their friends, family and colleagues. FotoFinish Net is owned and operated by FotoFinish.com, A California Corporation, ("FotoFinish.com").

If you access or use either FotoFinish Net, any Image Site on FotoFinish Net, or any of services, materials or features appearing on FotoFinish Net or any Image Site, then you agree automatically to all of the terms and conditions below, including but not limited to agreeing to FotoFinish.com's Privacy Policy (collectively, the "Agreement").

It is important that you read the Agreement. If you do not accept any term or condition of the Agreement, you may indicate this only by not seeking access to FotoFinish Net.

Please review the Agreement periodically, as it may be frequently revised and updated, at SmartDraw.com's sole discretion.

Terms and Conditions

1. Age Requirement

You must be at least 13 years of age to access or use FotoFinish Net.

2. Change of Terms or Conditions

SmartDraw.com may change any term or condition of this Agreement, and change or discontinue any service or access previously offered or provided, upon notice posted in any area of FotoFinish Net reserved or created by SmartDraw.com for such purpose. SmartDraw.com will use reasonable efforts to inform you of such changes through e-mail, bulletins or other comparable means, but you are responsible to check for SmartDraw.com's postings of such changes.

3. Creating and Maintaining an Image Site
This Section 3 applies only to those with an Image Site at FotoFinish Net, except that the definitions in this Section apply throughout the Agreement

Image Storage
You may store up to a total of 20MB of images on FotoFinish Net, for use at the Image Site established in connection with your account. If you attempt to upload images exceeding this limit, you will be required to remove previously uploaded images before FotoFinish Net will accept new images. All images, data and files transmitted or uploaded to FotoFinish Net for use in connection with Image Sites is referred to as "Content."

Inactive Accounts
If your account is inactive for more than 180 days, your account may be cancelled at SmartDraw.com's discretion. SmartDraw.com will send you an email message alerting you to the impending cancellation. If SmartDraw.com receives no response within 30 days afterwards, SmartDraw.com may terminate your account, and remove or discard any images you may have stored. Your account will be deemed "inactive" over a given period if SmartDraw.com determines that during that period, you did not add to or change any of the images on your Image Site, nor otherwise change your Image Site in any significant way. Nothing in the foregoing shall limit SmartDraw.com's authority to remove any or all of your Content from FotoFinish Net at any time or terminate your account, with or without notice to you.

Registration
You may not set up or maintain an Image Site unless you have an active account for that purpose with SmartDraw.com. In order to create such an account, you must register your copy of the FotoFinish software with SmartDraw.com, and submit to SmartDraw.com your correct name, email address and serial number for your software copy.

No Restricted Content
You may not transmit or upload, or cause to be transmitted or uploaded, Restricted Content (as described below) to your Image Site or elsewhere on FotoFinish Net. All content on FotoFinish Net is subject to review by SmartDraw.com, but FotoFinish.com has no obligation to examine all or any part of the submitted content. SmartDraw.com may delete or remove any Content on FotoFinish Net in whole or part at any time, for any reason, without notice, regardless of whether it qualifies as "Restricted Content."

Restricted Content includes, but is not limited to:

Content that is threatening, abusive, obscene, pornographic, defamatory, objectionable or inappropriate.
Content that infringes or violates any copyright, trademark, patent or confidential agreement.
Content that violates applicable state or federal law, or applicable orders or judgments of any government authorities.
Content that promotes or assists in illegal activity.
Content that in any way exploits or harms minors.
Content intended for, or involved in, advertising or commercial solicitations.
Content sent either from an anonymous or false address, or from a person or source whose description does not wholly correspond with the description of the account holder as recorded in SmartDraw.com's records.
Content that contains software viruses, worms, Trojan horses or other dangerous code, corrupt files, or any other content which may alter, impair, or affect access to FotoFinish Net, or any materials or information on FotoFinish Net, or any other system reachable through or via FotoFinish Net
Links to any of the foregoing content.

Your Responsibility
You are responsible for all of your activities on FotoFinish Net, and any and all Content that you submit, or cause to be submitted, to FotoFinish Net.

i)	No Infringement You hereby represent that each upload and/or transmission by you of Content or any other materials to FotoFinish Net, and complete public or private display of any such Content or other materials on your Image Site or anywhere else on FotoFinish Net, does not and shall not violate or infringe any copyright, trademark right, patent right, trade secret right, or other right of any other person or entity.
ii)	Ownership You hereby represent that you are the owner of all Content and other materials you may cause to be uploaded or transmitted to FotoFinish Net, or that you have all necessary licenses for all uses to which such Content and other materials may be applied after upload or transmission.
iii)	Backup Copies You are solely responsible for keeping copies of all of your Content and all of your other materials and data. SmartDraw.com has no obligation to retain any copies of any Content that you upload or transmit, nor to retain any copies of your Image Site in whole or part.
iv)	Misuse of Account You shall be fully responsible to SmartDraw.com for any and all use and misuse of any account assigned to or for you, whether by you or any other person or entity, regardless of whether such use or misuse is due to accident, recklessness, negligence, or deliberate act or omission, or without fault whatsoever. Such responsibility will include, but not be limited to, full indemnity for all injury, loss or damage incurred by SmartDraw.com in connection with such use or misuse, as further detailed in the Indemnity section below.

Third-Party Products
SmartDraw.com may make third-party products available through FotoFinish Net for use in connection with your Image Site. If you wish to take advantage of third-party offers or services, you must agree to any terms and conditions imposed by the third party vendor.

Account Termination and Removal of Content
At the sole discretion of SmartDraw.com, your account may be terminated and your Content may be removed or deleted without notice for, among other things:

Conduct that violates this Agreement or the spirit of this Agreement.
Conduct that violates SmartDraw.com's Copyright Policy.
Conduct that violates SmartDraw.com's Privacy Policy.
Conduct that impairs in any manner the operability or stability of FotoFinish Net.
Conduct that violates SmartDraw.com's Restricted Content Policy.

In addition, SmartDraw.com may terminate your account and/or remove your Content, with or without notice, at any time without cause. If SmartDraw.com elects to explain or describe any reasons for terminating your account or removing your Content, this shall not affect or limit SmartDraw.com's power and right to terminate your account or remove your Content without cause, including action by SmartDraw.com without cause at the same time as, or at any different time from, any "for cause" action by SmartDraw.com.

SmartDraw.com shall not be liable to you for any termination of your access to the site.

Image Site Rules
If you choose to implement any rules that apply to visitors to your Image Site, then: (i) any and all such rules are subject to review by SmartDraw.com, at SmartDraw.com's sole discretion, (ii) if SmartDraw.com requires, at its sole discretion, that any such rule be changed or deleted, you will immediately make such change or deletion, and (iii) no such rule may conflict with, violate, or be inconsistent with this Agreement, any SmartDraw.com or FotoFinish Net policy, or any applicable laws.

4. Privacy Policy

You accept and agree to all aspects of FotoFinish Net's Privacy Policy, as published on FotoFinish Net. The Privacy Policy may be changed from time to time at SmartDraw.com's sole discretion, provided that any change that increases access to your information by person or entities outside SmartDraw.com's business organization shall not apply to your information that was provided before such change. SmartDraw.com shall give reasonable advance notice of all changes to the Privacy Policy whenever practicable through notices displayed on FotoFinish Net.

5. Scope of Access

You agree to receive and use all services, data and products on FotoFinish Net in strict accordance with this Agreement, and all other rules, limitations, conditions, protocols and procedures as may be prescribed or endorsed by SmartDraw.com from time to time. In no event may you seek any kind of access to, within or through FotoFinish Net beyond the level and kind of access expressly and knowingly authorized and provided by FotoFinish Net, nor may you use FotoFinish Net or any other SmartDraw.com system or facility to gain unauthorized access to the systems, information, materials or property of SmartDraw.com or anyone else. If you nonetheless seek or gain such access, you shall be conclusively deemed to be exceeding your authorized access to FotoFinish Net for all purposes under the law, and in violation of this Agreement.

6. FotoFinish Net System Rules

You agree to comply fully with any and all rules and terms that SmartDraw.com may prescribe from time to time for use of FotoFinish Net ("System Rules"). System Rules include all rules posted by SmartDraw.com in one or more special areas of FotoFinish Net set aside for System Rules, plus all other rules, warnings, disclaimers and notices that SmartDraw.com may post at various points around FotoFinish Net. Some System Rules extend the provisions of this Agreement, others cover areas not touched by this Agreement. In any event, if you violate any System Rule, it shall be deemed a violation of this Agreement.

7. Your Limited Use Rights

You may download and use Content and any other information received through FotoFinish Net within your own personal computer or terminal, provided you legally obtained such information, and subject to any restrictions by the owner of, or legitimate claimants against, such information. You may not use any of the Content or other information received through FotoFinish Net for any other purpose, including but not limited to distributing, modifying, transmitting, displaying, performing or otherwise exploit any such Information, except where any such activity is expressly and clearly authorized to you by the owner of such information.

8. Problem Transmissions

A transmission by you shall be considered a "Problem Transmission" if it, in SmartDraw.com's opinion, is or may be: (i) in conflict with any of your warranties, representations or undertakings in this Agreement, (ii) illegal, or (iii) harmful in any manner either to SmartDraw.com or third parties. If at any time SmartDraw.com discovers that all or any part of a transmission by you is or may be a Problem Transmission, then SmartDraw.com may act upon and dispose of such Problem Transmission as it deems prudent under the circumstances in its sole discretion, including but not limited to destroying all or any part of the Problem Transmission, returning all or any part of the Problem Transmission to you, holding all or any part of the Problem Transmission as potential evidence, and turning over all or any part of the Problem Transmission over to any government agent or authority, and monitoring other messages or transmissions from you or others where SmartDraw.com deems such monitoring necessary or helpful to protect itself or others. SmartDraw.com shall use good faith best efforts to avoid intruding upon your privacy when possible, though in no event shall such obligations apply so as to place SmartDraw.com or other persons or entities at possible legal or other risk relating to your transmissions or your other activities.

9. Disclaimer Of Warranty

All Content and other information and materials received or available through FotoFinish Net and any Image Site are provided on an "As Is" basis without warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither SmartDraw.com nor any other supplier of information, products or services at FotoFinish Net makes any warranty that FotoFinish Net or any products or services at FotoFinish Net will be available without interruption, timely, secure, or error free, nor that FotoFinish Net or any products or services at FotoFinish Net is free of viruses or other harmful software, data or materials.

10. Assumption of Risk

You understand that your access to and use of FotoFinish Net, or any Content, products or services at FotoFinish Net, is entirely at your own risk. If you are dissatisfied with or injured by any of FotoFinish Net's Content, products or services, your sole remedy is to discontinue your access to and use of such Content, product or service.

11. Third Party Sites

You acknowledge that SmartDraw.com has no control whatsoever over the contents of third party web sites that link to or from FotoFinish Net or any Image Site. SmartDraw.com makes no assurance whatever that such third party content will be accurate, legal and/or inoffensive. Furthermore, SmartDraw.com does not endorse the content of any third party web site, whether or not it is linked to FotoFinish Net, nor can SmartDraw.com warrant that such third party sites and/or content will not contain viruses or otherwise impact your computer. You understand and agree that neither SmartDraw.com, nor its owners, executives, employees or affiliated entities shall be responsible for damages or losses resulting from your use or accessing of any third party web sites or any of the content, services, products or features contained therein.

12. Damage to Equipment or Data

Neither SmartDraw.com nor its owners, executives, employees, officers, directors or affiliated entities shall be responsible for any of the following: (a) damage caused to your computer or viruses which may affect your computer as a result of accessing FotoFinish Net or any Image Site, or utilizing any of the services, data or products at FotoFinish Net; or (b) any damage or loss to any of your data, files or correspondence posted, housed, or stored on SmartDraw.com's computer systems or servers.

13. User Generated Content

SmartDraw.com is not responsible to any third party for any injuries or damage caused by user generated Content, including but not limited to all Image Sites and all Content on Image Sites. You acknowledge that: (a) none of the user generated Content on FotoFinish Net, including without limitation web pages, photos, artwork, images, articles, text, links, and data files, necessarily represents the view or opinions of SmartDraw.com, and (b) SmartDraw.com has no policy or business practice of previewing of user generated Content prior to its appearance on FotoFinish Net.

14. Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances shall SmartDraw.com be liable to you, or anyone claiming under or through you, for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if SmartDraw.com has been advised of the possibility of such damages, that result from the use, or inability to use, FotoFinish Net or any products or services at FotoFinish Net, from any changes to FotoFinish Net or any products or services at FotoFinish Net, from information, data or other materials available on FotoFinish Net, or from alteration of, or any access to, your transmissions, data, or information regarding your activities at FotoFinish Net or any Image Site. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.

15. Indemnity

You agree to indemnify, defend and hold harmless SmartDraw.com and its officers, directors, employees, agents, licensors, suppliers and third-party information providers, from and against any and all losses, claims, proceedings, judgments, orders, expenses, damages and costs (including reasonable attorneys' fees and costs) resulting from or relating to: (a) any violation of your obligations, (b) the falsity or alleged falsity of any of your representations, or (c) any activity related to your account (including but not limited to any negligent or wrongful conduct) by you or any other person accessing the services using your account.

16. General

a)	Assignment You may not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of SmartDraw.com.
b)	Notices All notices to you may be sent to your e-mail address, and/or street address, and/or any other location for which SmartDraw.com has contact information for you. All notices to SmartDraw.com shall be in writing and shall be forwarded by registered or certified mail or by overnight express courier requiring signature of the recipient to complete delivery, and sent to SmartDraw.com at the following address: SmartDraw.com 9909 Mira Mesa Blvd., Suite 300 San Diego, California 92131 USA Notices sent by registered or certified mail shall be deemed delivered seven (7) business days after mailing; notices sent by express courier shall be deemed delivered the next business day after they are given to the courier by the notifying party; notices sent to you by e-mail shall be deemed delivered within one (1) hour after they are sent by SmartDraw.com.
c)	Governing law All matters relating to this Agreement will be governed by the laws of the State of California, U.S.A., without regard to California's choice-of-law rules. Exclusive jurisdiction and proper venue for all proceedings relating to this Agreement shall be in courts and other fora located in the State of California, U.S.A., and you hereby consents to such jurisdiction and venue.
d)	Waiver The failure of either SmartDraw.com or you to insist upon strict performance of any provision of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.
e)	Severability If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
f)	Force majeure No party shall be in default if failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party's control, including acts of God, civil commotion, strikes, labor disputes or governmental demands or requirements.
g)	Entire Agreement You acknowledge that you have read this Agreement, understand it, and agree to be bound by your terms. You further agree that this Agreement is the complete and exclusive statement of agreement and supersedes all proposals, oral or written, understandings, representations, conditions, warranties, covenants, purchase orders and all other communications with SmartDraw.com relating to this Agreement. No additional terms, whether consistent or inconsistent with those contained in this Agreement, shall be binding on either party absent mutual and prior specific written consent.
h)	Survival All provisions of this Agreement relating to post termination actions and indemnities, and your obligation to pay all amounts due for services rendered by SmartDraw.com, shall survive any termination or expiration of this Agreement.
i)	Headings The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation.
j)	No Third Party Beneficiaries There shall be no third party beneficiaries of any of SmartDraw.com's undertakings, representations or warranties in this Agreement.