Online Photo Album - MyPhotoAlbum.com

MyPhotoAlbum Terms and Conditions

Note: MyPhotoAlbum.com is a free service. The following conditions are enforced to ensure the trouble free operation of the software for everyone. Members that violate these terms will have their Photo Albums deleted without prior notices. Keep a back up copy of all of your photos on your local computer. We hope you enjoy using MyPhotoAlbum.

MyPhotoAlbum.com is a service from FortuneCity.com Inc., for more information about FortuneCity please visit our web site at www.fortunecity.com

Please click here to read our Privacy and Security Statement.

For the terms and conditions for club membership please click here.

TERMS OF MEMBERSHIP.
To remain a member of MyPhotoAlbum's Free Service you must remain in "Good Standing" Good Standing is defined as:
(i) Purchasing photo merchandise (including club membership, photo gifts, prints and enlargements) through the MyPhotoAlbum Store at least once every 365 days. not required for club members

(ii) Complying with the below mentioned terms

(iii) At least 1 visit to your MyPhotoAlbum account every 365 days. not required for club members

(iv) At least 1 photo or video upload and album update every 365 days. not required for club members
Members who remain in good standing receive UNLIMITED PHOTO STORAGE on their MyPhotoAlbum Account
UNACCEPTABLE CONTENT.
MyPhotoAlbum is a service for storing, sharing and printing personal photos and videos. MyPhotoAlbum will delete your account along with all images without prior notice if you use MyPhotoAlbum for the following:
ACCOUNT ACTIVITY. does not apply to club members
Your account should be active - that is, it is either receiving visitor traffic or is being updated/posted to on a regular basis. Sites that either receive no visitor traffic or are not updated for a period of 365 days will be considered 'inactive' and may be removed by MyPhotoAlbum to make room for other users.
DIRECTLY EMBEDING IMAGES & VIDEOS. does not apply to club members
Please note you cannot directly embed photos ("<img>") into other websites. To embed photos and videos you may ONLY use the pre-created code provided by MyPhotoAlbum. You are provided with code to a single photo, single video, album slideshows, badges and links. However, you cannot directly insert, or link directly to, the photos or videos themselves. Should you attempt to directly embed photos or videos you will see the MyPhotoAlbum logo instead. Accounts that are determined to be in violation of this condition shall be subject to suspension and/or removal, at the sole discretion of MyPhotoAlbum. [more info.]
DIGITAL PHOTO STORAGE.
As long as you are an Member in Good standing MyPhotoAlbum, offers free, unlimited storage of your online photos. As of April 18, 2005, there is no limit to number of digital photos you can upload.
DIGITAL VIDEO STORAGE.

ALLOWABLE PHOTO & VIDEO FILETYPES.
The following types of image files are allowed in your account:
- .gif (CompuServe Graphics Interchange format)
- .jpg/.jpeg (JPEG format)
- .png (Portable Network Graphics format)
The following types of video files are allowed in your account:
- .mov (Quicktime movie file format)
- .avi (Audio Video Interleaved format)
- .wmv (Windows Media Video format)
- .mpeg (Moving Picture Experts Group format)
- .mpg (Moving Picture Experts Group format)
- .mpg4 (Moving Picture Experts Group format)
Any other files located by MyPhotoAlbum will be automatically deleted.
A. PHOTO FILE SIZE RESTRICTIONS The maximum individual file size is 20MB. Any individual photos exceeding this limit located by MyPhotoAlbum will be automatically deleted.

B. VIDEO FILE SIZE RESTRICTIONS The maximum individual file size is 100MB. Any individual videos exceeding this limit located by MyPhotoAlbum will be automatically deleted.
CONTENT LANGUAGE.
The textual content of your account must be entirely or predominantly in one of the following languages: English, Spanish, German, Italian, French, Dutch, Flemish, Norwegian, Portuguese, Catalan, Danish, Swedish or Finnish. Accounts that do not satisfy this criterion may be removed at MyPhotoAlbum's discretion.
FEES, PAYMENT AND TERM.
The core service provided by MyPhotoAlbum is Free. However, some premium services are for fee. As consideration for such services you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable.
BILLING.
If you have joined the club, membership is active for 365 days. Your credit card will NOT be charged every year. It is necessary to manually renew your membership each year on or before your Anniversary Date. The first date in which you purchase your membership is your Anniversary Date.
ACCOUNT INFORMATION.
As consideration for the Services, you agree to:
1. provide certain current, complete and accurate information about you as required by the registration process and
2. maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. We do not share your information with third parties in an attempt to monetize your information through advertising, Spam, or other devices that would compromise your trust in MyPhotoAlbum or FortuneCity.com. By submitting to this Agreement, you represent that the statements you have made here in are true and you will not use our Services for any unlawful purpose. Please click here to read our Privacy and Security Statement.
CANCELLATION.
If you would like to delete your MyPhotoAlbum account, you need to send an email from the email address used to create your MyPhotoAlbum account by clicking here requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your MyPhotoAlbum account will be deleted and will no longer be available.
TERMINATION
MyPhotoAlbum may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by MyPhotoAlbum elsewhere on the Site, (ii) conduct MyPhotoAlbum believes is harmful to other MyPhotoAlbum users, the business of MyPhotoAlbum, or FortuneCity Affiliates, or (iii) failure to remain a Member in Good Standing. MyPhotoAlbum will not be liable to you or any third-party for any termination of your access to the Service.
BILLING DISPUTES AND BANK CHARGE BACKS.
All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency. Charge Backs result in the forfeiture of all MyPhotoAlbum services. You will be charged a $40.00 reactivation fee in order to reactivate your account after a Bank Charge Back.
SECURITY.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
COUNTRY OF ORIGIN.
MyPhotoAlbum reserves the right to restrict access to our servers from areas of the globe with a high level of abusive activity. These areas change periodically based on the origins of this inappropriate activity. The current restriction applies to Belarus, Bosnia-Herzegovina, Bulgaria, China, Egypt, Hong Kong, Indonesia, Japan, Malaysia, Moldavia, Morocco, Pakistan, Philippines, Romania, Russian Federation, Saudi Arabia, South Africa, South Korea, Taiwan, Thailand, Turkey, Ukraine, United Arab Emirates, Vietnam, Yugoslavia.
CUSTOMER CONDUCT.
You are solely responsible for the contents of your transmissions through MyPhotoAlbum. Your use of the MyPhotoAlbum service(s) is subject to all applicable local, state, national and international laws and regulations. You agree:
ACTIONS TAKEN BY MYPHOTOALBUM.
Your failure to meet or follow any of the Terms and Conditions set forth by MyPhotoAlbum is grounds for account deactivation. MyPhotoAlbum will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. MyPhotoAlbum reserves the right to remove any account without prior notice. When MyPhotoAlbum becomes aware of an alleged violation of its Terms and Conditions, MyPhotoAlbum will initiate an investigation. During the investigation, MyPhotoAlbum may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, MyPhotoAlbum may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, MyPhotoAlbum will notify the appropriate law enforcement authorities of such violation. Should such violation take place, MyPhotoAlbum retains the right to communicate personally identifiable information to other interested parties in connection with law enforcement operations.
MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the announcements section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the announcements section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.

To help you track the changes to our Terms and Conditions, the date of the material changes to our Terms and Conditions will be noted here, Oct. 23, 2007.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password. Please click here to read our Privacy and Security Statement.
ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by MyPhotoAlbum or 3rd Parties or other information to add security or to enhance your identity on the Internet. By accepting these Terms and Conditions and by using MyPhotoAlbum's Services you agree to receive these communications.
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
INDEMNITY.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
CONTENT COPYRIGHT.
All media and related content uploaded to MyPhotoAlbum are copyright of their owners. In other words, your photos and videos are owned by you. All other content is copyright (c)1997-, Fortunecity.com, Inc. MyPhotoAlbum will not share your images unless instructed by you. Please note, when you share or make publicly viewable a photo album, you allow recipients and viewers of that album to access and make photographic prints from the images contained in that album.
CONTENT LICENSING.
MyPhotoAlbum does not claim ownership of content you submit or make available for inclusion on the service. By submitting content to FortuneCity's MyPhotoAlbum service, you grant FortuneCity a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the MyPhotoAlbum service. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with MyPhotoAlbum. In the event that such membership is terminated, MyPhotoAlbum will relinquish all rights to the user's content.

This means, when you upload content to MyphotoAlbum servers, you are granting MyPhotoAlbum permission to make your content available on the web. We will not use your photos, videos or albums in marketing materials or to promote MyPhotoAlbum without your permission.
ADVERTISING. does not apply to club members
FREE, non-club member albums are supported via advertising. By accepting this agreement you acknowledge that advertising will appear upon your album pages. MyPhotoAlbum makes no representations as to the format or content of such advertising. MyPhotoAlbum members may remove all advertising by joining the MyPhotoAlbum Club.
REVOCATION.
You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to host your photos and/or videos or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not host your photos and/or videos or register you for other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your photos and/or videos or register you for other Services.
SEVERABILITY.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
NON-AGENCY.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
NON-WAIVER.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
NOTICES.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time. Mail shall be sent to us at MyPhotoAlbum Web Hosting Services, c/o FortuneCity Host Master; 322 8th Avenue, Suite 701, New York, NY 10001, United States, and mail shall be sent to you at the mailing address you have provided in your registration application or as updated from time to time.
ENTIRETY.
You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NEW YORK, NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY. You attest that you are of legal age to enter into this Agreement.
ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

MyPhotoAlbum Club Terms and Conditions

All of above mentioned terms and conditions apply to paid MyPhotoAlbum Club Members. The following exceptions apply:

TERMS OF MEMBERSHIP: The following requirements for "Good Standing" are all fulfilled when a user joins the MyPhotoAlbum Club:
(i) Purchasing photo merchandise (including club membership, photo gifts, prints and enlargements) through the MyPhotoAlbum Store at least once every 365 days. [not required for Club Members]

(iii) At least 1 visit to your MyPhotoAlbum account every 365 days. [not required for Club Members]

(iv) At least 1 photo or video upload and album update every 365 days. [not required for Club Members].
ACCEPTABLE CONTENT. Club members are allowed to store and/or display photos for commercial use. This includes, but is not limited to photos for auction or sales purposes.
HOTLINKING IMAGES & VIDEOS. Club members are allowed to directly display their photos and videos on other websites. This includes, but is not limited to blogs, MySpace, Friendster, Facebook, personal web sites, forum, bulletin boards.
ADVERTISING. As a club member, all banner advertisements are removed from album pages.

CLUB MEMBERSHIP FEES, PAYMENTS AND BILLING POLICIES

As consideration for the services you have selected, you agree to pay us the applicable service fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:

Fees and Payments
Auto-Renewal of Club Membership
Club Membership Cancellation Policy