Terms of usage

These Terms of Service describe the way in which you (the "Member") may use the Gigashots.com™ Service (the "Service"), and the way in which Gigashots.com. will operate the Service. In this Agreement, "Gigashots.com" means Gigashots.com Service, its subsidiaries that participate in offering the Service, or its agents, employees, contractors, or others authorized by Gigashots.com.

Service: Service: The Service consists of the features, functions, services, and content provided by Gigashots.com, as well as the features, functions, services, and content provided by third parties and accessible through the Service.

Users: Use of the Service is limited to Members authorized by Gigashots.com. Anyone using the Service is referred to as a "User."

Member Name: A "Member Name" is a unique identifying name, number, or combination of name and number assigned to an account and used to access the Service.

Members: A "Member" is a person (i) who is at least 18 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Member Agreement and these Terms of Service (iii) and whose name, e-mail address, and account information have been provided to Gigashots.com and are recorded on Gigashots.com's records as the person responsible for a particular Gigashots.com user account.

Gigashots.com may change the Member Agreement or Terms of Service at any time. Gigashots.com will notify you of the change either via e-mail, or through a notice published on the Service. By accessing the Service after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your membership as explained below. Gigashots.com may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.

These Terms of Service will become effective on the date you agree to it by signifying your agreement to the Member Agreement where provided, and completing all of the membership information required on the Member Registration Form.

By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify Gigashots.com by sending e-mail to service@clubphoto.com. After receipt of your termination notice, Gigashots.com will terminate your account.

By Gigashots.com: Gigashots.com may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's Member Name. Gigashots.com, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.

Continuing Obligations After Termination: Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment of any charges due in connection with an account. You are responsible for payment of all such charges.

Use of Services: Basic albums remain on-line for a limited time only. This amount of time is determined by Gigashots.com. and is at the sole discretion of Gigashots.com. If the Member is a Premium Member, designated Gold and Platinum albums will remain on-line as long as the member is a Gold or Platinum member. Member is responsible for all Users who access the Service using the Member Name. Member must notify the Gigashots.com Customer Assistance Center promptly by e-mail or telephone regarding the theft or loss of any Member Name or password. Member may authorize minors to access an account using a Member Name. Member is responsible for supervising any activities undertaken by a minor using Member's Member Name, and Member expressly ratifies and confirms any actions taken in or affecting Member's account by a minor. Use of Gigashots.com's E-card service is free to any Member or visitor to Gigashots.com. However, Gigashots.com reserves the right to retain any information provided to Gigashots.com by the users of its E-card service for company research and communications .

Copyright and Other Legal Compliance: Users retain all rights in any material uploaded to the Service by User or others authorized by User. No copyrighted material may be placed on the Service by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service for your personal, non-commercial use. Except as may be permitted by the Copyright Law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. In some cases, you may receive permission on the Service; in other cases you may need to obtain permission directly from the copyright owner.

Prohibited Activities: When considering whether or not to upload files, please note that Gigashots.com Network contains both public (i.e. viewable by anyone with Internet access), and private albums (which are password protected). You may not upload, or permit others to upload, material to the Service if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by Gigashots.com or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage the Service, the network, or any other User's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, Gigashots.com, or Users.

Except as permitted under this Agreement, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through the Service.

Member acknowledges that it is Gigashots.com's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.

Grant of Limited License to Gigashots.com: Users agree that Gigashots.com is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to the Service (the "Submitted Materials") for the purposes of (i) display on the user's personal sites and (ii) in the Gallery or public site as submitted by the user and (iii) production of personalized photo finished products or reprints ordered by members or their guests. Gigashots.com disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to Gigashots.com the right to use your name in connection with the Submitted Materials.

General Copyright Information: The entire content of the Service is copyrighted by Gigashots.com. as a collective work under the United States Copyright laws. The copying, reproduction, or publication of any part of the Service unless expressly authorized in writing by Gigashots.com is prohibited.

Backup Copies of Images and Other Material: The Service is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Gigashots.com takes reasonable precautions to preserve and protect the material you may upload to the Service, you should not rely on the Service as your only source for the material you provide. You should backup copies of any digital information you have uploaded or authorized others to upload to the Service.

Member acknowledges that use of the Service is at Member's sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an AS IS basis. Gigashots.com may, at its discretion, but shall not be obligated to, provide support for the Service and related Gigashots.com software and tools. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Gigashots.com nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. In no event will the liability of Gigashots.com for any breach of this Agreement exceed the total charges incurred by a User in the month preceding the date the claim for breach arose. The provisions of this Section will survive termination of this Agreement.

You agree to indemnify, defend and hold harmless Gigashots.com against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Service under your account.

The Member Agreement and these Terms of Service constitute the entire agreement (collectively "Agreement") between Gigashots.com and Member with respect to the Service and supersede all other communications.

3rd Party Beneficiaries: The provisions of this Agreement are for the benefit of Gigashots.com and its service providers, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

Governing Law / Venue / Jurisdiction: This Agreement shall all be governed and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be performed in Delaware, and that any legal action or proceeding between Gigashots.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware. Any cause of action brought by Member must be instituted within one year after the claim or cause of action has arisen. Gigashots.com's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.