Welcome to zyphoto.com!  By becoming a member you can upload pictures you have taken and have them altered to your own personality, stored, and printed on our zyphoto.com website (“Site”).  We have created a safe and easy way for you to order pictures, but it is important to review the Terms and Conditions (“Terms”) located below.

The Terms may be changed or updated at any time, but any revisions may be viewed here.  Upon entering and use of the Site, you subject yourself to an acceptance of the Terms and are bound by them.  Acceptance of the Terms creates a binding legal agreement between you and zyphoto.com (“we”, “us”, or “zyphoto.com”) that you will use the services in a matter accordingly with the Terms.  Any questions pertaining the Terms maybe e-mailed to: info@zyphoto.com.  Your usage of the site and its service (“Service”) is solely conditioned to and subject to your compliance to the Terms.  If you do not agree with the Terms, do not proceed with the usage of the Site or Service.

zyphoto.com membership (“Membership”) is available to you if you are at least 18 years of age and you must submit certain information to zyphoto.com including a correct name and e-mail address.  If you are under the age of 18, transactions may only be carried through a credit card belonging to your parent or legal guardian.  In addition to becoming a Member, you agree to provide zyphoto.com with true, accurate, current, and complete information about yourself when the Service requests such information.

zyphoto.com Services are for personal use only unless another agreement is decided upon.

If you, your parent, or legal guardian have any questions or concerns, please feel free to contact us: info@zyphoto.com.

There is no fee to open an account and hold an album.  Access to your account is available to you, your invitees, and if so desired to the general public.  Up to 60MB of pictures can be stored in your album and if at anytime it is exceeded, images may be deleted at our discretion.

Access to your account is needed for the following reasons:

We can remind you of your password in case you forget it. If this becomes necessary, we will send an e-mail upon your request to the address from which you opened your account;

To maintain our Service to you and develop new and useful features and services;

To follow a court order, subpoena, complaint, or a lawful request from governmental authorities.

You agree and acknowledge that zyphoto.com, in its sole discretion, may terminate your membership or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, or any other content within the service, at any time, without notice, for any reason, including but not limited to:

Conduct violating these Terms or other policies or guidelines, set forth by zyphoto.com elsewhere on the Site;

Conduct that zyphoto.com believes is harmful to other zyphoto.com users, the business of zyphoto.com, or other third party information providers;

Failure to continue Active Participation;

Conduct that violates the letter or spirit of these Terms.

Further, you agree that zyphoto.com shall not be liable to you or any third-party for any termination of your access to the Service.

zyphoto.com does not control the content of any Members pictures and does not have any obligation to monitor such content.  Therefore, all content is the responsibility of the Member, not zyphoto.com.

The following uses of zyphoto.com are strictly prohibited.  Any member’s account that contains material that violates these guidelines can be removed without notice:

Photographs that contain nudity and/or pornographic material of any kind;

Photographs or content that contain bigotry, prejudice, racism, hatred, or profanity;

Material that is unlawful, threatening, harmful, obscene, or otherwise objectionable;

Copyrighted material that is used without the express permission of the owner;

Content that violates or encroaches on the rights of others;

Content or other material that contains viruses, worms, corrupt files, Trojan horses, and other forms of corruptive code or any other content, which may compromise the zyphoto.com Service;

Content that harms minors in any way.

Any material that references a site that promotes any of the above

zyphoto.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time.  You acknowledge that although zyphoto.com does not and will not examine and review all content submitted or transmitted to the Service, zyphoto.com has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.  You are responsible for any Content that you or your invitees submit.  In addition you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure.  You also acknowledge that zyphoto.com in no way guarantees the accuracy, quality, or appropriateness of Content available on the Site.  In no event shall zyphoto.com (including its officers, directors, employees, affiliates, and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes without written consent from zyphoto.com

You expressly acknowledge and agree that, to the fullest extent permitted under law, zyphoto.com will have no obligation or liability (whether arising in contrast, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, and loss of data, revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages.  This foregoing limitation applies to damages arising from (i) use or inability to use the service; (ii) cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the Service; (iii) unauthorized access to or alteration of your transmissions by third parties; (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 exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  This warranty gives you specific legal rights, and you may have other rights which vary from state to state.

zyphoto.com may provide links to third party sites that might be of some interest to you.  We have no control over the content or availability of the contents of these sites.  It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.

zyphoto.com may make software from third party companies available to you.  To download such software, you must first agree to the respective software licenses and/or warranties.  Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.

This means that zyphoto.com does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses.  We do not offer any warranty on any third party software you download using our Service.

The state and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions.  You consent to personal jurisdiction and venue by state and federal courts of the State of California.

You can report violations of these Terms to info@zyphoto.com