Terms of Use

PHOTOZINI TERMS OF USE

Photozini provides personal publishing services that allow its customers to print high quality photographic magazines (each, a “Magazine”). The services offered by Photozini (“Photozini”, “us” or “we”) include the Photozini personal publishing services and the Photozini website (collectively, the “Services”).

This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement.

Photozini USB Card or Physical Disc.

The Photozini USB Card on which you may submit your content will not be returned to you. Photozini will maintain your images on the USB Card for a period of at least fourteen days after the date the Magazine has been sent from our printer, after which time the memory of the USB Card will be erased. If you submit your content on a CD, DVD or other storage medium (the “Physical Disc”), the Physical Disc will be held by Photozini for a period of at least 14 days after the date that the Magazine has been sent from our printer, after which time the Physical Disc

will be destroyed. If you would like to have the Physical Disc returned to you, you must indicate this to Photozini on your original order request, in which case the Physical Disc may be returned for an additional fee for postage and handling (“Return Fee”) as set forth in our current price list. This paragraph is not intended as, and should not be construed to be, a guarantee that the Physical Disc will not be damaged, destroyed or lost. If the Physical Disc is damaged, destroyed or lost, Photozini will refund the Return Fee, which shall be the limit and full extent of Photozini’s liability with respect to the Physical Disc or its contents.

Proprietary Rights.

1. Your Content. Your “Content” includes the text, files, images, photos, video, works of authorship, and other material that you include in the Magazines, submit to Photozini for Magazines and print services. PHOTOZINI HAS NO OWNERSHIP IN ANY OF YOUR CONTENT. However, to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Content:

License to print your Magazines. You hereby grant to Photozini a non‐exclusive, worldwide, fully‐paid and royalty‐free license (a “License”) to reproduce and distribute your Magazine Content for the purpose of printing the Magazines that you order, and for any other related purpose that you authorize.

You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth above in this section for the Content that you provide for our print services to have them printed in a Magazine, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.

2. Prohibited Content. You agree that you will not submit for print services any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under

13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, or violating someone’s privacy; (viii) except as expressly approved by Photozini, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (ix) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Photozini.

Photozini Terms of Use 1 of 33. Enforcement by Photozini. Photozini has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Photozini violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for Photozini, its suppliers, service providers, partner companies, or any User. Photozini reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, taking legal action against you.

4. Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS‐IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1 ABOVE, (B) PHOTOZINI EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON‐INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

5. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, PHOTOZINI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PHOTOZINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PHOTOZINI’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO PHOTOZINI IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE PHOTOZINI’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PHOTOZINI OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. Number of photos printed. While we make every effort to print every photo, some photos may not be printed due to the nature of our graphical layout system. Typically, an unprinted photo will be a duplicate photo.

7. Release. You hereby release Photozini, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with Photozini.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

8. Indemnity. You agree to defend, indemnify, and hold Photozini, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

9. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Photozini agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Jose, California (USA) and the federal courts located in the Northern District of California (USA)

in such legal action or proceeding. The application of the United Nations Convention on the International Sale Photozini Terms of Use 2 of 3

of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US $5,000) may be resolved in a cost effective manner through binding non‐appearance‐based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and

costs of the ADR Provider. Notwithstanding the foregoing, Photozini may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Magazines and other products from the Photozini Services.

10. Other. This Agreement is accepted upon i) sending in this order form or ii) replying to an email containing this agreement or iii) the use of our services. This Agreement constitutes the entire agreement between you and Photozini regarding the use of the Services. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Photozini to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement.

11. Copyright/Trademark Information. Copyright © 2009, Photozini. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Photozini or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.