Terms of Service

1. Acceptance of Terms:

Welcome! Simple Star, Inc. ("Simple Star" or "us" or "we") welcomes you to a family of websites, including simplestar.com, photoshow.com, photoshow.net, photoshow.snapfish.com, photoshow.comcast.net and related sub-domains. We provide various photo and creativity related applications, sharing features, forums, shopping services, search services, personalized content and other features and services through these websites and any other medium or device now known or hereafter developed (which, along with the websites, are referred to as the "Service").

By using or accessing any part of the Service, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our websites.

If you don't agree to these Terms of Service, don't use the Service. We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Simple Star. If you use the Service after we've changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, don't use the Service.

2. Permission to Use the Service

You have our permission to use the Service, but only if:

• you are over 13 years old;
• you are using the Service for your own personal use and not for commercial purposes;
• you do not copy the Service or any part of the Service;
• you do not modify the Service or any part of the Service;
• you follow all the rules and restrictions we've spelled out in these Terms of Service.

3. Accounts; Passwords; Security

You will need to set up an account in order to use some of the features of the Service. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We can terminate your account at any time without notice to you.

4. Personal Use Only

We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose. This restriction, however, does not prevent you from using features of the Service which may help you market or sell items for personal sale (for example, a PhotoShow template for selling your car). We reserve the right to discontinue any aspect of the Service at any time.

5. Intellectual Property Rights in User Content

You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Service. "Content" means information, data, text, software, music, sound, photos, photos slideshows, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.

If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Service. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promoting and redistributing part or all of our Service in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service. Once you remove your User Content from the Service (which you have the right to do at any time), these licenses will no longer apply, except that we will have a reasonable period of time to cease use of any such User Content (including as necessary to fulfill any orders for any Products (as defined in Section 8 below)). The only exception is that if someone made or distributed a copy of your User Content while it was still on the Service, that person will still be allowed to use the copy, including making copies and modifications.

6. User Content you Share becomes Public

One feature of the Service allows users of the Service to share User Content, which may include photos and digital photo slideshows ("Shows") created using the Service.

You understand that once you share User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't share it on the Service.

The one exception to this rule is if the Service presents you with a privacy option with respect to sharing a particular piece of User Content at a specific time; in those cases we will honor the option you have selected for that particular piece of User Content, but any such selection will only apply at that time and not more generally to your User Content across the Service.

Furthermore, if the Service offers an option to share your Show or other User Content only with people you identify by email address, understand that those recipients will have to create an account with the Service in order to access the User Content you are sharing. You should also understand that we cannot control the actions of people you invite to view User Content, and that they may copy, modify or distribute it in ways you did not intend.

7. Sharing Outside the Service

We provide a feature of the Service which makes it possible for users to share (and therefore display) their own and other users' Shows and User Content more broadly on the Internet or through other media (this is sometimes referred to as "embedding"). We permit and even encourage you to do this, but only as provided for in the Service and only when you retain intact all links, logos and notices within each Show or piece of User Content.

Except for the embedding features explicitly provided by the Service, you may not copy, frameset, enclose or otherwise distribute any part of the Service.

8. Sale of Products

Our Service may include the offer for sale of DVDs, prints, greeting cards, calendars, frames, mugs mouse pads and other merchandise which displays all or any part of User Content ("Products"). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products (unless we are the vendor, in which case the terms of purchase we have posted shall apply). By posting User Content to the Service, you are granting us and our vendor partners the royalty-free right to reproduce, manufacture and sell Products which contain all or any part of your User Content (unless the Service presents you with a privacy option to prohibit such sales and you make such a selection).

9. Restrictions on User Content and Your Conduct

You may not:

1. use our Service for any illegal purpose;
2. use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
3. submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, trade secret, privacy, publicity, or any other proprietary right;
4. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
5. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
6. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
7. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
8. impersonate anyone else or lie about your affiliation with another person or entity;
9. use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks;
10. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;
11. collect or gather other people's personal information (including account information) from our Service;
12. submit User Content which disparages or our partners, vendor or affiliates; or
13. solicit, for commercial purposes, any users of our Service.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason. Furthermore, if you violate any of these rules, we may terminate your account and access to the Service and take any other action against you that we think is necessary.

10. We Are Not Responsible for User Content

We generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Service, including your exposure to User Content.

11. Use of Applications

As part of the Service, we may make available for use on a website or by download "PhotoShow" or other software applications and related documentation (an "Application"). Use of each Application is subject to all of the terms and conditions of these Terms of Use and the applicable end user license agreement associated with such Application.

12. Proprietary Rights

Simple Star and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service (including any Applications) and Content which is included in the Service (other than User Content). We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information protected by that is protected by applicable intellectual property and other laws.

The Service (including certain Applications) may include photos, music, images and other Content of Simple Star or third-parties ("Licensed Content") which you are permitted to use to create Shows or in connection with other features of the Service; you may use such Licensed Content only in connection with use of the Service and only as expressly permitted and you may not otherwise remove, copy, use or distribute any such Licensed Content apart from the Service or your Show.

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service or any Application to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, sell, rent, lend, lease, transfer, resell for profit, distribute or create derivative works based upon the Service or any Application.

All brand, product and service names used in the Service which identify Simple Star or its suppliers and their proprietary products and services are the trademarks or service marks of Simple Star and/or its suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Simple Star or such supplier with respect to any such image, logo or name.

13. Special Rules Regarding Musical Works

As part of the Service you may have access to musical compositions or sound recordings ("Musical Works") which are licensed solely in connection with your personal and non-commercial use of the Service. You agree that you will not: (i) edit or make reproductions of such Musical Works other than as embodied in audio-visual creations using the Application or other parts of the Service, (ii) use any lyric or sheet music of the Musical Works displayed in conjunction with any User Content; or (iii) create any implication that Simple Star, or any artist or songwriter endorses you. Simple Star reserves the right to replace or remove Musical Works available in any Application or otherwise as part of the Service.

14. Keeping Copyright Notices and Security Features Intact

If you download or share a copy of anything on or created using the Service (including any Show or Application), you must not delete, erase, or remove any logos or notices (such as copyright notices) that are on the item you download. Similarly, you agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.

15. Enforcement of Copyrights

We respect the intellectual property rights of others. You may not use our Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.

16. Notify Us of Infringers

If you believe that something on our Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

1. provide your physical or electronic signature;
2. identify the copyrighted work that you believe is being infringed;
3. identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
4. provide us with a way to contact you, such as your address, telephone number, or e-mail;
5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
6. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement
Simple Star, Inc.
651 Brannan Street, Suite 300
San Francisco, CA 94107
Phone: (415) 861-7529
Fax: (415) 840-0321
E-Mail: copyright@simplestar.com

Again, we cannot take action unless you give us all the required information.

17. How to Communicate with Us

Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us through our customer service department at www.simplestar.com/support.

18. Our Storage Policy

We are not a photo-archiving or content-archiving service. We do not promise to store or make available on our Service any User Content (including any photos and Shows) that you submit for any length of time. You are solely responsible for keeping back-ups of everything you post on our Service.

19. Links to Other Sites:

Our Service may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

20. Warranty Disclaimer

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (INCLUDING ANY APPLICATION) IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. SIMPLE STAR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SIMPLE STAR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT SIMPLE STAR WILL FIX ANY ERRORS. ANY APPLICATIONS OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE ARE PROVIDED AT YOUR OWN DISCRETION AND RISK AND SIMPLE STAR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESCTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY APPLICATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SIMPLE STAR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY APPLICATION OR CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES 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.

22. Indemnity

You agree to indemnify and hold harmless Simple Star and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive these Terms of Service and your use of the Service.

23. Termination

We may terminate your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid (including any fees you have pre-paid for ongoing use of the Service).

We may terminate or suspend the Service or any part of the Service or your use of the Service and/or remove any of your User Content at any time without cause without any liability to you. If we terminate your use of the Service without cause, we will provide a pro-rata refund for any period of the Services for which you paid fees in advance but which you will not be able to use due to the termination.

Upon any termination we may delete your account, passwords and User Content and bar you from further use of the Service. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.

24. General Terms

These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Service shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. These Terms of Service, together with our Privacy Policy and any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding this Service. If a court having proper authority decides that any portion of these Terms of Service is invalid, only the part that is invalid will not apply. The rest of these Terms of Service will still be in effect. If we waive any of our rights under these Terms and Conditions in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Service, and any rights and licenses granted under these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN 1 YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.