Terms of Use

Before using any of Digilabs Inc. services or software (“Digilabs”, or “us”), read these Terms (“Terms”) they will govern your rights and usage of Digilabs services or software. If you do not agree to the terms, please do not use our services, if you wish to use Digilabs Service, these terms will constitute a binding agreement between you and Digilabs.

Digilabs maintains the right to change these Terms you agree to be bound by such changes if you us our services after we make any such changes.

Software

By downloading, using or installing this software product created by Digilabs, Inc. (also known as My Photo Calendars and/or My Photo Cards and/or My Photo Books and/or My Photo Creations hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. “You” shall mean any individual or entity using or installing the Software (hereafter referred to as “Licensee”)

The Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

 
Temporary License:  DigiLabs grants to you a temporary, revocable, non-exclusive, non-transferable, non-sub licensable license to download and use the Software (other than the Hosted Services) on your computer for a period ending no later than ten (10) days after such a download (the “Initial Period”). solely for the following purposes of internal testing of the software but not, in any shape or form, for :

  1. Any commercial usage
  2. Any usage by third party, including paying or none-paying customers
  3. Any copying, reverse engineering, compiling, examining the internal code, distributing the software, or any other none internal testing activity.

 
You shall not (and shall not permit any employee or other third party to): (i) analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Software in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Software or any trade secret information or process contained in the Software; (ii) copy the Software other than as permitted in this Agreement; (iii) sublicense, lease, grant a security interest in, or transfer possession of Software; or (iv) conduct any benchmark tests of the Software.
You shall not modify, change, integrate or otherwise incorporate the Software into any third party solutions in any way.
Copyright notice
COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. PHOTOGRAPHES ARE PROTECTED BY COPYRIGHT LAW. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.

You warrant that the subject matter to be printed or published using any of Digilabs services or products is done with full compliance of copy right law, and agrees to indemnify and hold Digilabs harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with the above.

Indemnification
You agree to indemnify, defend and hold Digilabs, its officers, directors, employees, agents, licensors, suppliers and any third-party harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or any claim related to infringing third party intellectual property rights.

Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.
No Warranties; Limited Support:
The Software is provided hereunder “AS IS” and “AS AVAILABLE” and to the maximum extent permitted by applicable law, Digilabs and its grantors expressly disclaim all warranties, either express or implied, including but not limited to warranties of merchantability, fitness for any particular purpose, or arising from a course of dealing or usage in trade.  Licensee assumes full responsibility for the selection of the Software to achieve the intended purpose of Licensee and Authorized Users, for the proper installation and use of the Software and for verifying the results obtained from its use by Licensee and Authorized Users.  DigiLabs and its Grantors do not warrant that the quality or performance of Software will meet requirements of Licensee or Authorized Users or that the operation of Software  will be or can be made uninterrupted or error free.  Licensee acknowledges that it was given full opportunity to perform any and all tests of the Software before deciding to use and/or make available the Software pursuant to the terms of this Agreement.

Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DIGILABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF DIGILABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, DIGILABS SITE OR SOFTWARE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGILABS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DIGILABS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF DIGILABS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO DIGILABS FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS 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.
IN NO EVENT SHALL THE TOTAL LIABILITY OF DIGILABS AND ITS GRANTORS (whether in contract, tort or any other form of liability) EXCEED $100 IN THE AGGREGATE.
Except to the extent that this exclusion or restriction of liability would be void or ineffective under applicable statute or regulation, in no event will DIGILABS or its Grantors be liable for any special, indirect, punitive, exemplary, incidental or consequential damages, including WITHOUT LIMITATION any lost profits or lost assets arising from the use, or inability to use or achieve any particular results from use of THE Software even if DIGILABS or its Grantors haVE been advised of the possibility of such damages or if any remedy herein shall have proven INEFFECTIVE.  Neither DigiLabs nor its Grantors shall be liable for any damages resulting from the use of the Software in any application that might result in death or personal injury.
The parties agree that this Agreement cannot be altered, amended or modified, except in writing that is signed by an authorized representative of each of the parties (other than the names and addresses of notice recipients which may be unilaterally changed with and upon written notice to the other party).  Any executed copy of this Agreement (whether by photocopy, facsimile or other reliable means) shall serve as an original thereof.