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FAMILY PHOTO HISTORY PROJECT TERMS OF SERVICE
ACCEPTANCE OF TERMS
Borsche Digital, LLC provides the Family Photo History Project to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can review the most current version
of the TOS at www.familyphotohistoryproject.com/terms_of_service.php or request a copy from us at any time. By using the
Family Photo History Project services of Borsche Digital, LLC to share and manage your family photos, you agree to be bound by our Family Photo History Project Terms of Service.
COPYRIGHTS AND TRADEMARKS
By requesting our services and entering into an agreement with BORSCHE DIGITAL, LLC,
you represent to BORSCHE DIGITAL, LLC and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, artwork or other items furnished to BORSCHE DIGITAL, LLC for use in
any project are owned by you, or that you have permission from the rightful owner to use each of these
elements, and will hold harmless, protect, and defend BORSCHE DIGITAL, LLC and its subcontractors from
any claim or suit arising from the use of such elements furnished by you.
LIMITATION OF LIABILITY
You expressly understand and agree that BORSCHE DIGITAL, LLC shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages to, theft or loss
of the Content you provide, damage to DVD players, computers, or other equipment, loss of profits, goodwill,
use, data or other intangible losses, resulting from, but not limited to, product defects, accident, misuse, acts of
God or other circumstances.
PAYMENT OF FEES
In order for Borsche Digital, LLC to continue to provide its services, payment must be made promptly.
Payment shall be in US dollars by check made payable to "BORSCHE DIGITAL, LLC" or credit card through PayPal.
Credit card payments will be automatically billed as recurring payments until BORSCHE DIGITAL, LLC is notified that you wish to change payment method or cancel your subscription to the Family Photo History Project service.
recurring payments by credit card may be billed 3 to 5 business days before the current monthly or annual subscriptions period ends. This is
an attempt to prevent disruptions of site access.
When the current subscription period ends and payment has not been received to renew the subscription, access to the Family Photo History Project service will be blocked until such time as payments are brought up to date.
Returned checks will be subject to a $20.00 handling fee in addition to any fees charged by banks.
Delinquent bills will be assessed a $15.00 service charge if payment is not received within 10 days of the due
date. If an amount remains delinquent 30 days after its due date, an additional 1.5% per month penalty will be
added to the balance due for each additional month of delinquency. In case collection proves necessary,
you agree to pay all fees incurred by that process.
SUBSCRIPTION RATE
Subscriptions rates and options are subject to change at any time. Each Family Administrator will be notified by email sent to the address on
file about 30 days before the new rate takes affect. The new rate will take effect when the next annual or monthly payment is due.
PRIMARY CONTACT
The primary will be the Family Administrator who unitiated the subscription and/or any users designated as "Family Administrator". It is the responsibility of the Family Administrator to keep email addresses and phone numbers for these Family Administrators up to date.
As Family Administrator you MUST be on the email newsletter list so that you will be kept up to date on the Family Photo History Project information.
As Family Administrator you will be responsible for creating login access for additional members of your family that you wish to allow
access to the site. You should also impress upon them that they must NOT share their login information. If you suspect someone is not
protecting their login information or is not using the site correctly, you should deactivate their login and/or reset their password. Contact them to be sure they understand how the system is to be used.
NEWSLETTER MAILING LIST
All members defined to the system will be automatically added to the email newsletter list. If you are NOT a "Family Administrator" you will
have the option of opting out of newsletters and other email communications from the Family Photo History Project system administrator.
TERMINATION OF SERVICE
Client access to the Family Photo History Project service can be terminated by the Family Administrator or BORSCHE DIGITAL, LLC under the following circumstances.
- The Family Administrator can terminate the service at any time by notifying BORSCHE DIGITAL, LLC by standard mail or by email. The subscription will expire at the end of the current subscription month or year. There will be no refunds of any unused time remaining on the subscription.
- When subscription expires the login access will be blocked until payment has been received.
- BORSCHE DIGITAL, LLC determines that the Family Photo History Project is no longer a viable service.
Sixty days after CLIENT has been notified by e-mail that the subscription has expired, BORSCHE DIGITAL, LLC can delete the Family website and ALL data stored there.
If the Family Photo History Project is terminated by BORSCHE DIGITAL, LLC every attempt will be made to notify each Family Administrator in time for them to make a backup of all pictures and information stored on the Family Photo History Project website.
CONTENT OF PICTURES AND IMAGES
Since this site is intended to accessed by family members of all ages, all images should all be rated "G". Pictures that are not appropriate for the Family Photo History Project will be deleted by the system administrator. The person uploading and/or the Family Administrator is responsible for the content of all images uploaded and any complaints about uploaded images.
BACKUP OF DATA
The Family Administrator and other with access have the ability to create and download a ZIP file of all the information for each Family and/or Personal Album. The CLIENT will be responsible for using this function to make periodic backups of pictures and data on the Family Photo History Project website. In addition, the hosting company normally has backups in case of a hardware failure.
AGREEMENT
By using the Services of BORSCHE DIGITAL, LLC, you acknowledge that you have read and accepted the TOS,
which constitutes the entire agreement between you and BORSCHE DIGITAL, LLC, and governs your use of the
Services, superceding any prior agreements between you and BORSCHE DIGITAL, LLC (including, but not limited to,
any prior versions of the Terms of Service).
Requests for services received by email will be considered the same as a signed request for services.
Please review the policy on copyrighted material
before submitting any photo, images, or content.
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