Privacy Policy
We take privacy seriously and want you to feel comfortable using the services provided by Photozig, Inc. ("Photozig"). We collect information from visitors and users to provide the best service to our customers.
This page describe our privacy policy ("Privacy Policy"), which applies to online services, content or products provided by Photozig ("Photozig Services"), which means websites, desktop software, online software, or other Internet services, owned, controlled or operated by Photozig including, but not limited to, photozig.com, photozig.net or any subsequent site owned and/or controlled by Photozig or its subsidiaries or affiliated companies.
By visiting this website or using Photozig Services, you are accepting the practices described in this Privacy Policy, as well our Terms of Use. If you do not agree to this Privacy Policy or Terms of Use, please do not use Photozig Services, visit this website, and do not disclose any information to us.
(Click here to see our Terms of Use)
This policy does not apply to the practices of companies that Photozig does not own or control, nor does it apply to people that Photozig does not employ or manage. Other companies have their own privacy policies, and these can be viewed at their own websites. Photozig Services may contain links to other web sites or services. Photozig is not responsible for the privacy practices or the content of such other web sites or services.
Access to your online content
The content (e.g. digital pictures or digital data) that you posted through Photozig Services can be seen by your friends and family, if you choose to share it online. You may also send an email with a link to your online content to facilitate online sharing. As with any email, this link could be forwarded to others, who will also be able to access your online content.
If you post online content as a public material or in a community area, Photozig may automatically index your content and allow any user to search and view your online content.
Photozig may offer additional premium services, which may be charged, creating password protected areas for your online content, which may required user registration and your authorization/invitation to access your protected online content. As in any password protected system, it is possible that a password might be transmitted from one user to another, or a password may be discovered by another user, who will have access to your protected online content. Therefore, Photozig recommends you to create a robust password for your account and change it frequently.
During normal business operations, employees of Photozig or its partners may also see your online content to process requested products and services, to maintain the online sharing operation of Photozig Services, or to resolve potential problems with your account.
Information we collect and how we use it
Photozig collects your personal information when:

  • You register with Photozig.
  • You use Photozig Services.
  • You make online purchases.
  • You visit Photozig pages or the pages of certain Photozig partners.
  • You request support, materials, or information from us.
  • You send suggestions or questions to us.
  • You download software or materials.
  • You enter promotions or participate in surveys.

Photozig automatically receives and records information on our server logs from your browser, including your IP address, cookie information, back link, and page requested. Photozig also collects information about your transactions with us and with certain business partners, including information about your use of products and services that we offer, your name, email address, physical address, phone number, billing and delivery information, address, recipient information, payment information and other demographic information. General data about your computer may be also collected, such as its operation system, web browser, screen resolution, etc.
Our most important goal in collecting this information is to provide you with personalized and user-friendly products and services.
In addition to using this information to customize the Photozig Services offered to you, Photozig uses this information to fulfill your requests, improve our products and services, contact you, perform research, and create anonymous reporting and statistics about the usage of Photozig Services.
Cookies
Photozig may set and access a small data file in your computer, known as a cookie, often including a unique identifier, which is used by Photozig for a number or purposes, including:

  • Access your information when you "sign in," so that we can provide you with customized content.
  • Display the most appropriate advertising content, based on your interests and activity on Photozig Services.
  • Assist merchant partners of Photozig to process the items in your shopping cart.
  • Estimate and report our total audience size and traffic.
  • Conduct research to improve Photozig content and services.

Photozig lets certain other companies to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.
Photozig Services may include the use of Web beacons (electronic images such as single-pixel gifs) to assist the delivery of cookies and/or allow us to obtain visit statistics of Photozig Web site pages. Web beacons may be included in promotional email messages or newsletters to determine whether messages were opened and acted upon. Photozig may also use Web beacons from third parties to compile aggregated statistics and determine the effectives of marketing campaigns.
Advertising Cookies
We may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, go to http://www.networkadvertising.org/
For example, Google, as a third party vendor, may use cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Information sharing
We may share your information with third parties to carry out your instructions and to provide specific services you request or purchase. For example, we use a credit card processing company to manage payment processing, and customer support providers working in different time zones to assist us in handling technical issues or fulfilling service requests.
Photozig does not rent, sell, or share your personal information to or with third parties, except to provide products or services you have requested, or under the following circumstances:

  • We have your consent.
  • We provide such information to trusted partners who work on behalf of or with Photozig under agreements. We require that these third parties to protect your personal information based on our instructions and in compliance with our policies.
  • We believe it is necessary to share information in order to meet any applicable law, regulation, legal process or enforceable government request, (b) enforce Photozig Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Photozig, its users or the public as required or permitted by law.
  • We may transfer information about you if Photozig is acquired by or merged with another company. In this event, Photozig will notify you before your personal information is transferred and becomes subject to a different privacy policy.

Security
Photozig applies security measures to protect the communication of your personal information, including secure socket layer (SSL) encryption. Photozig also utilizes several security technologies and procedures to protect your personal information from unauthorized access, including appropriate physical, electronic, and procedural safeguards to secure the information collected by Photozig Services.
Children
Photozig services are intended for general audiences and do not knowingly collect any personal information from children. When a Photozig Service does collect age information, and users identify themselves as under age 14, we will block such users from providing personal information, or will ask a consent from a parent or guardian for the collection, use and sharing of such information. Photozig does not ask a child under age 14 for more personal information, as a condition of participation, than it is reasonably necessary to participate in a given activity.
Changes to this Privacy Policy
Photozig may update this Privacy Police from time to time. Any updates to our Privacy Policy will be linked from our home page. Your continued use of Photozig Services constitutes your agreement to this Privacy Policy and any updates. Please periodically review this Privacy Policy to keep informed about how are working to secure your personal information collected by Photozig Services.
Questions and Suggestions
If you have any additional questions or concerns about this Privacy Policy, please contact us at: Photozig - Attn. Privacy Policy, NASA Research Park, Moffett Field, CA 94035-0128, USA.



Photozig Trademarks

Photozig, PepBlast, iCare, iCareFamily and Mirela are registered trademarks of Photozig, Inc.


The Photozig logo, Pepcast, LifeZig, "Your Pictures in Motion", "Special Moments, Memories Forever", "Your life in Pictures", "Digital Photozig, So Easy...", "More fun with digital photos", "It's so easy", and "Lifetime memories on TV" are trademarks of Photozig, Inc.

If a name or logo is not mentioned above, this does not constitute a waiver of any and all rights that Photozig, Inc. has established in any of its products, services, logos or special features.

 

All other brands or product names are the property of their respective owners. 

Copyright © 2006-2016 Photozig, Inc. All rights reserved.

terms of use

Photozig Terms of Service for Your Personal Use
Welcome! By using this web site and other services provided by Photozig, Inc. ("Photozig"), you agree with the terms and conditions described below.
If you do not agree to these terms and conditions, you must immediately stop to use and to access this website and other services provided by Photozig. If you remain on this website or access other services provided by Photozig, you agree to be bound by this Terms of Service. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS SITE AND THE SERVICES IS PROHIBITED.
1. PHOTOZIG SERVICES
Photozig provides online services, content or products ("Photozig Services"), which means websites, mobile apps, desktop software, online software, other softwre, or other Internet services, owned, controlled or operated by Photozig or affiliated with third parties including, but not limited to, photozig.com, photozig.net, pepblast.com, icarefamily.com, miramirela.com, noisycity.com, pepcast.com, lifezig.com, or any subsequent site owned and/or controlled by Photozig.
Photozig Services may be provided to you under this agreement to enable individuals to accumulate, store, organize, modify, print, share, and retrieve digital pictures, movies, recorded audio, and related structured data ("Digital Media"); create and distribute Digital Media in selected formats; and access third-party products and services.
Such services are available for your personal, non-commercial use only.
You understand and agree that Photozig Services are provided "as is" and that Photozig assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or communicate any user or third-party data or personalization settings. You are responsible for obtaining access to the Photozig Services. That access may involve third party fees (such as ISP charges or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Photozig Services.
The content of Photozig Services is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.
2. REGISTRATION OBLIGATIONS
In consideration of your use of the Photozig Services you represent that you are of legal age to form a binding contract and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Photozig Services' registration process ("Registration Data") and to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Photozig has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Photozig has the right to suspend or terminate your account and refuse all current or future use of the Photozig Services.
3. RESTRICTIONS ON USE
3.1 You may not make or distribute copies of the Photozig Services, or electronically transfer them from one computer to another, over the Internet, or over any network.
3.2 The Photozig Services is licensed as a single product. Its component parts may not be separated for use. You may not reverse engineer, decompile, or disassemble the Photozig Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.3 You may not distribute, modify, sell, resell, assign, pledge, sublicense, loan, rent, lend, lease, or otherwise transfer the Photozig Services, or any parts thereof in any form to another person or entity. You are specifically prohibited from charging or requesting donations for any copies of the Photozig Services, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission. You may not create, sell, or distribute derivative works based upon the Photozig Services, or any part thereof.
3.4 You may not export the Photozig Services into any country prohibited by the United States Export Administration Act and the regulations.
3.5 You must not remove from the Photozig Services, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings.
3.6 You may not use the Photozig Services: (i) for any unlawful purposes; (ii) to display or transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; (iii) to display, copy or utilize any material that you do not have rights or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party; (iv) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (v) engage in any defamatory, harassing, or slanderous conduct; (vi) to post or transmit any material which is likely to cause harm to Photozig or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access, defect, error, malfunction, or corruption to the Photozig Services; and (vii) for any commercial purpose. Photozig does not control User Content in Photozig Services and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Photozig Services.
3.7 You may not (i) use the Photozig Services to tamper with, spoof, or attempt to obtain unauthorized access to Photozig's servers or databases; (ii) use the Photozig Services in violation of any applicable laws in the jurisdictions in which you use the Photozig Services; (iii) attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Photozig Services; or (iv) permit any other party to do any of the foregoing.
3.8 By browsing, downloading, searching, or analyzing any part of Photozig Services, this web site or other web sites managed by Photozig, Inc., if you are an employee, consultant, contractor, robot, agent, supplier, company, agency, any other person, automated system, or organization working for, informing (paid or unpaid), or providing services to stock photo houses such as Getty Images, Corbis, or any other company or organization related to copyright management, you agree to report any potential copyright infringement (images, videos, audio, or any media asset) on any websites or materials under the responsibility of Photozig, Inc. by writing to Photozig, Inc. (PO Box 128, Moffett Field, CA 94035-0128) at the time that you found this potential copyright infringement, so that Photozig, Inc. can remove the image or media asset in question expeditiously. By failing to comply with these terms of use, you waive any liability that Photozig, Inc. may have related to this matter.
4. OWNERSHIP
You agree that the Photozig Services, and all intellectual property, title, copyrights, and proprietary rights therein are owned by Photozig, including but not limited to any executable software codes, images, photographs, animations, video, audio, music, and text incorporated into Photozig Services, the accompanying printed materials, and any copies of the Photozig Services. Photozig reserves title and all right and interests in and to the Photozig Services, including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this agreement, and all rights not expressly granted are reserved by Photozig.
5. THIRD PARTY AFFILIATE PRODUCTS AND SERVICES
Photozig may provide links to affiliate companies ("Third Party Affiliate"). Photozig may also offer services, distribute or sell products from Third Party Affiliates through the Photozig Services. Photozig is not responsible for evaluating, and Photozig does not warrant the offering of, any of these affiliate businesses, individuals, or the content of their web sites. Photozig does not assume any responsibility or liability for the content, product and actions of all and any Third Party Affiliate. If you decide to use a Third Party Affiliate services or products, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Affiliate services or products. Your participation in such Third Party Affiliate services or products indicates your acceptance of such terms and conditions. You agree that the Third Party Affiliate, and not Photozig, is responsible for the performance of the Third Party Affiliate services and products. By downloading, installing, or using products, content, or services from a Third Party Affiliate, you must agree to their terms and conditions and acknowledge and agree that Photozig does not guarantee that any download through Photozig Services will be free of viruses or other forms of corruptive code. Photozig expressly makes no representations or warranties concerning the performance, effectiveness or any other aspect of any Third Party Affiliate products and services. In no event shall Photozig (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 Third Party Affiliate product or service accessed through the Photozig Services.
6. INTELLECTUAL PROPERTY AND PRIVACY
6.1 You acknowledge and agree that the Photozig Services may electronically transmit certain information to Photozig automatically during the use of the Photozig Services, such as diagnostics, software/hardware configuration, and performance data of the Photozig Services. Any information from this transmission may be used by Photozig to diagnose, improve, or correct errors of the Photozig Services. If you use Photozig Services, your email address, User Content and other information will be stored on Photozig's servers, and by using this feature you expressly consent to this storage along with all other Photozig terms of service and privacy policy. As a condition of this agreement, Photozig may gather end-user registration and hardware and software version information during activation of the certain parts of Photozig Services. This information will be used to notify customers and make decisions about support, product and business issues.
6.2 You understand and agree that you may not use the Photozig Services to infringe upon or violate the intellectual property, privacy, publicity or other rights of third parties, including without limitation the rights in any sound recordings, songs, photographs, artwork, and/or other copyrightable works of any kind or nature. You hereby represent that you own or have the right to use all User Content in connection with the Photozig Services. You hereby agree to defend, indemnify and hold harmless Photozig, Inc. and its parents, subsidiaries, affiliates, successors, licensees, agents, attorneys, heirs and assigns, and the officers, directors and employees of Photozig, from and against any and all third-party claims, liabilities, costs and expenses (including attorneys' and accountants' fees reasonably incurred) in connection with any breach or alleged breach by you of any covenant, representation or other provision of this agreement, or any of your obligations hereunder.
6.3 Photozig undertakes no obligation to review or screen any User Content posted on the Photozig Services. However, Photozig reserves the right to: (i) remove any User Content that Photozig reasonably believes may infringe upon or violate the intellectual property, privacy, publicity or other rights of third parties or be defamatory, obscene, slanderous, or otherwise illegal; and/or (ii) terminate your right to use the Photozig Services.
6.4 You agree that by utilizing any service of Photozig Services, you are: (i) agreeing to all terms of service, privacy policies, and other policies of said service, whether or not you have explicitly acknowledged those policies; (ii) explicitly granting to Photozig, its affiliates and/or the provider of said service a royalty free, non-exclusive license to display, publicly perform, manufacture, distribute and/or sell, any and all User Content uploaded via the Photozig Services for the purpose of creating a products for yourself or third parties or to otherwise uploaded or published to the Photozig Services; (iii) explicitly granting Photozig, its affiliates the right to change, edit or otherwise revise the User Content at their sole discretion when creating and/or manufacturing the products; and (iv) warranting that you own or control all necessary rights to the User Content and that your use of the User Content does not violate any law, regulation or other parties' rights. Photozig makes no representations or warranties concerning the performance, suitability, availability or any other aspect of any Photozig Services. Photozig reserves the right to stop or substitute any Photozig Services, at any time and for any reason.
7. NO WARRANTIES
THE PHOTOZIG SERVICES AND ANY RELATED DOCUMENTATION ARE PROVIDED AND LICENSED TO YOU "AS IS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM PHOTOZIG, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE RISK AS TO, AND ACKNOWLEDGE THAT YOU RELY SOLELY AT YOUR OWN RISK ON, RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF PHOTOZIG SERVICES. SHOULD THE PHOTOZIG SERVICES PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING IN CONNECTION WITH SUCH DEFECTS AND ALSO ASSUME THE RISK OF ANY LOSS RELATED TO USE OF THE PHOTOZIG SERVICES.
YOU ACCEPT ALL RISKS THAT MAY ARISE FROM THE USE OF THE PHOTOZIG SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING USER CONTENT OR DATA.
PHOTOZIG EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND VERACITY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PHOTOZIG SERVICES. WITHOUT LIMITING THE FOREGOING, PHOTOZIG SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE PHOTOZIG SERVICES, PHOTOZIG'S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE PHOTOZIG SERVICES WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE PHOTOZIG SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOZIG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PHOTOZIG SERVICES. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS.
YOU ASSUME THE RESPONSIBILITY FOR ANY USE OF THE PHOTOZIG SERVICES. To the extent that a party may not as a matter of applicable law disclaim any implied warranty in the scope and duration of such warranty shall be the minimum permitted by law. The entire risk arising out of use or performance of the Photozig Services remains with you, as allowed by federal and state laws.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PHOTOZIG NOR ITS AFFILIATES, LICENSEES OR SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, PECUNIARY LOSSES, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE PHOTOZIG SERVICES (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PHOTOZIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. To the extent that a party may not as a matter of applicable law limit its liability, the scope and duration of such liability shall be the minimum permitted by law. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein. IN ADDITION, IN THE EVENT YOU USE THE PHOTOZIG SERVICES TO PUBLISH AND/OR CREATE PRODUCTS OR ALLOW OTHERS TO DO SAME, YOU HEREBY WAIVE AND AGREE NEVER TO ASSERT ANY AND ALL MORAL RIGHTS YOU MAY HAVE IN OR TO THE PRODUCT. Your sole and exclusive remedy in the event the Photozig Services fails to function, or in the event of any other breach of this agreement by Photozig, is to terminate this agreement and cease all use of the Photozig Services. The warranty disclaimer and limitation of liability are fundamental elements of the basis of the bargain between you and Photozig. You agree that Photozig would not be able to provide Photozig Services on an economic basis to you absent such limitations.
9. INDEMNIFICATION
You agree to indemnify and hold Photozig harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to your use or misuse of the Photozig Services or your breach of this agreement.
10. TERM AND TERMINATION
10.1 Term. Unless earlier terminated as specified in this Section 10, the term of this agreement ("Term") will commence upon your using the Photozig Services, and will continue for the period of time until this agreement is terminated by you or Photozig. You may use the Photozig Services until terminated as provided for in this agreement.
10.2 Termination by you: You may terminate this agreement at any time, by canceling the Paid Services license (if you are a subscriber of such Paid Services) as provided for in this section, and by stopping using Photozig Services. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel Paid Services by accessing your Photozig account by selecting the "My Photozig" menu option on the Photozig website (or by other alternative method accessed in Photozig web site at www.photozig.com). PAID SERVICE AGREEMENTS WITH INITIAL TERMS OF ONE YEAR OR MORE WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE YEAR TERMS UNLESS PHOTOZIG RECEIVES WRITTEN NOTICE OF CANCELLATION AT LEAST 45 DAYS PRIOR TO THE EXPIRATION DATE. Paid Service cancellation notices should be sent to: Photozig, Attn: Photozig Services Processing, PO Box 128 , Moffett Field , CA 94035-0128 . You understand and agree that termination of this agreement is your sole right and remedy with respect to any dispute with Photozig. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this agreement or Photozig's enforcement or application of this agreement; (2) any policy or practice of Photozig, including any Photozig Privacy Policy, or Photozig's enforcement or application of these policies; (3) your ability to access and/or use the Photozig Services; (4) any Photozig software or services provided by or through Photozig; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
10.3 Termination by Photozig: Photozig reserves the right to periodically and at any time modify or discontinue, whether temporarily or permanently, the Photozig Services, or any part thereof, with or without notice. You agree that Photozig shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Photozig Services.
10.4 Additional Effects of Termination. Sections 3, 4, 5, 6, 7, 8, 9, 10.4, 11 through 13 of this agreement will survive termination.
11. EXPORT CONTROL
By downloading, copying, or installing, or using Photozig Services or parts thereof, you agree and acknowledge that the Photozig Services is subject to U.S. export control law, and you will comply with all applicable laws and regulations in your use of the Photozig Services under this agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). Without limiting the foregoing, you expressly agree not to export or re-export the Photozig Services in violation of such laws or regulations, or without all required licenses and authorizations.
12. U.S. GOVERNMENT END USERS
The Photozig Services are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer is Photozig, Inc.
The functionality provided by Photozig Services is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, Photozig provides the Photozig Services to U.S. Government end users only pursuant to the terms and conditions herein.
13. MODIFICATIONS OR AMENDMENT TO THIS AGREEMENT (INCLUDING PRIVACY POLICY)
Photozig may modify the terms of this agreement at any time, including but not limited to the price, content and nature of services or terms to access the Photozig Services without notice.
14. MISCELLANEOUS
Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver of this agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this agreement do not affect its interpretation. You may not assign or transfer any of your rights or obligations under this agreement to a third party without the prior written consent of Photozig. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. Photozig may assign this agreement without consent to any third party. If any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this agreement will remain in full force and effect. Notices to Photozig must be sent to the following address, and will be deemed effective three (3) days after certified mailing, return receipt requested: Photozig, Inc., PO Box 128, Moffett Field, CA 94035-0128; notices to you may be sent to the e-mail address that you furnished when you registered for Photozig Services, and will be deemed effective upon arrival at your e-mail server. This agreement is governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising out of this agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County , California , and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. This agreement, including the Privacy Policy and the subscription registration form for Photozig Services (if applicable and upon acceptance by Photozig), is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, including, without limitation, the terms of any purchase order or other document submitted by you.