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Photo Album Terms and Conditions

Privacy
It is our policy to protect your photograpnic imagery and related information to it held by us is in the strictest confidence. The pictures you upload will not be used in promotions or marketing without your written consent.

All Photo Albums are protected by passwords. You will be asked to create a unique password to be used by yourself and visitors to your photo album. If using a public computer such as at work or in an internet cafe, for extra security we strongly suggest that you quit out of the browser after viewing your site.

Charges and Setup
There is no charge for the Simple Photo Album.

Images
When uploading images, please ensure that it is in JPEG format, at no more than 150dpi or no more than 600k each. We reserve the right to reduce the file size or resize images, where it may be necessary to establish a faster load up time.

We cannot be held liable for loss of imagery due to an uploading error.

We virus check all files. If images that you supply are virus contaminated, we may have to temporarily cease your account and investigate the contamination. You will be advised on what steps to take.

Account Duration
All Simple Photo Albums will be displayed for a minimum of 90 days. If there is no activity on your account after this period your photo album then the account will be removed.

Only ONE Simple Photo Album account per user.

Permitted Purpose and Use of Website
The photo albums are to be used only by persons over the age of 18 with capacity to enter into a legally binding agreement and only for personal and non-commercial announcements concerning births, displaying family photos and similar personal or family matters. You agree to use the photo album only for the purpose of making such announcements or for reviewing those of others. In particular you agree and undertake not to use the photo albums :

1. for any sale, distribution or advertisement of any goods or services of any kind or for any commercial announcements of any kind;

2. for any purpose which is unlawful under any jurisdiction, or to transmit, distribute or store any such material (or in such a manner) as may be in violation of any applicable local, national, or foreign law or regulation;

3. to transmit, distribute or store any material that is defamatory or libellous or which infringes any patent, copyright or trademark or any other rights of any person or which constitutes an illegal threat or harassment or the violation of any right of confidentiality or privacy or the unauthorised publication of any personal or financial information;

4. to transmit, distribute or store any material that is obscene, pornographic, indecent, sexually explicit, profane or offensive whether expressly or by implication; or

5. to publish or include in any announcement, any URL (Universal Resource Locator) or hyperlinks.

Ownership and Reservation of Rights
BabyHedgehog asserts and reserves all copyright, rights in trademarks and other intellectual property rights in and in connection with the website and its contents. You acknowledge that all such rights are the property of BabyHedgehog or third parties with whom it has contracted and may not be, republished, transferred, transmitted or modified in any way without the express written consent of BabyHedgehog.

You may only download to your own computer for viewing purposes and print out pages as necessary for your use in connection with information on the photo albums as provided for in these Terms and Conditions.

BabyHedgehog reserves the right to modify these Terms and Conditions at any time and without prior notice.

BabyHedgehog reserves the right to suspend the service temporarily for maintenance and other purposes without notice.

BabyHedgehog reserves the right to refuse service to anyone, or to refuse to accept any photo album application, at any time.

BabyHedgehog accepts no responsibility to monitor the contents of any announcement but if, in its sole discretion, it determines that a violation of these Terms and Conditions has occurred, BabyHedgehog may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your announcement(s) and/or the exclusion of any person(s) who may have violated any of the Terms and Conditions.

BabyHedgehog may also pursue claims that may arise from breach of any criminal and/or civil laws as applied by the relevant jurisdiction. BabyHedgehog will cooperate with any investigation by any local, national or state body, or any court or tribunal legitimately exercising its rights, without notice. If BabyHedgehog believes, in its sole discretion, that any announcement may create liability for BabyHedgehog or any of its content providers, Hedgehog Design may take any actions that it believes are prudent or necessary to minimise or eliminate its potential liability, including, but not limited to, the release of your personal information.

Contract
The contract for your use of the website is made by you with BabyHedgehog and whose office is at Masters House, Guildford Road, Dorking Surrey RH4 3NG United Kingdom.

English law will apply to the contract in all respects and you expressly submit to the exclusive jurisdiction of the Courts of England.

Refunds Policy
Refunds will be given at the discretion of the Company Management.

Liability
The liability of BabyHedgehogfor any failure to display or for any defect or lengthy delay in displaying a photo album on the website shall be limited to the amount of the charge to be levied by BabyHedgehog for the display of that photo album.

In no circumstances shall BabyHedgehog be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof:

1. for any increased costs or expenses;

2. for any loss of profit, business, contracts, revenues or anticipated savings; or for any special, indirect or consequential damage of any nature arising directly or out of the display of a photo album on the website, or of any error or defect therein, or of the performance, non-performance or delayed performance by BabyHedgehog of this contract.

BabyHedgehog shall not be under any liability in respect of any failure to carry out, or delay in carrying out, any of its obligations hereunder attributable to any cause of whatever nature outside its reasonable control.

BabyHedgehog cannot be liable for any statement or conduct of any third party.

In the event of any dispute between yourself and any other user or users of this website, you hereby release BabyHedgehog, its officers, employees, agents, successors in rights and content providers from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, foreseen and unforeseen, disclosed and undisclosed, arising out of or in any way related to such dispute or disputes and/or the BabyHedgehog service.

You undertake to indemnify BabyHedgehog and its staff, employees and agents against all liability, claims, costs and expenses which it or they may incur by reason of your use of the website.

Please also read our Frequently Asked Questions

Last updated: 24 June 2010

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