WEBSITE TERMS OF USE

This document was last updated on March 4, 2013

LEGAL NOTICES

WELCOME. This Website is owned and provided by Glimmer Apps (DBA Interact Albums).

Please read carefully these Website Terms of Use and the Privacy Policy (referred to collectively as “Terms of Use”).  If You proceed to use this site and use our application development services (“Services”) You are agreeing to abide by the terms and conditions outlined herein. These Terms of Use govern users of the Services and visitors to this site.

These Terms of Use govern how we handle Your information and outline our obligations to You when using our website located at www.InteractAlbums.com and its directly associated domains (collectively, “Glimmer Apps,” "Interact Albums,” or "Website") for the purpose of creating web apps and submitting Your applications for publication on the Apple Apps Store (hereinafter, “Your Materials”).

Glimmer Apps Inc. (“Interact Albums,” “Glimmer Apps” or “we”) reserves the right to make additions, deletions, or modifications to the information found at the site at any time without prior notification.

BY USING OR ACCESSING THIS INTERACT ALBUMS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE.

No Guarantee or Warranty

While we at Interact Albums have endeavored to make sure that the information contained in this website is accurate, Interact Albums can make no guarantee as to the accuracy or completeness of such information. This site is provided "AS IS". Interact Albums MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION. INTERACT ALBUMS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM USER’S ACCESS OR INABILITY TO ACCESS THIS SITE, OR FROM RELIANCE UPON ANY INFORMATION CONTAINED IN THIS SITE.  ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, GLIMMER APPS AND INTERACT ALBUMS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OR INABILITY TO USE THE PORTION OF THE INTERACT ALBUMS WEBSITE OFFERED OUTSIDE OF THE SERVICE,(II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE INTERACT ALBUMS WEBSITE OFFERED OUTSIDE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INTERACT ALBUMS WEBSITE OFFERED OUTSIDE OF THE SERVICE,(IV)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE INTERACT ALBUMS WEBSITE, INFORMATION PROVIDED THROUGH THE INTERACT ALBUMS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE PORTION OF THE INTERACT ALBUMS WEBSITE OFFERED OUTSIDE OF THE SERVICE, EVEN IF INTERACT ALBUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.   IN THIS RESPECT, THE MAXIMUM LIABILITY FOR DAMAGES OF INTERACT ALBUMS SHALL BE LIMITED TO ANY FEES PAID BY YOU TO INTERACT ALBUMS IN CONNECTION WITH YOUR CLAIM OR ONE HUNDRED US DOLLARS ($100.00) , WHICHEVER IS LESS.

Indemnification

You agree to indemnify and hold Glimmer Apps and Interact Albums and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the InteractAlbums.com, Your use of InteractAlbums.com, Your connection to InteractAlbums.com, Your violation of these Terms of Use, or Your violation of any rights of another.

Availability

Glimmer Apps uses reasonable efforts to make the Interact Albums website available 24 hours a day and seven days a week; however, there will be instances when the Interact Albums website will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond the control of Interact Albums, including failure of telecommunications lines, links and equipment. While Interact Albums will make every reasonable effort in order to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, You agree that Interact Albums will not in any way be liable or responsible to You for any such modification, suspension or disruption of the Interact Albums websites.

Interact Albums will host Albums and Apps for users of this services for as long as they are customers of the service and are current on their monthly subscription payments.   The term Lifetime refers to the Lifetime of your membership.   Interact Albums will host up to fifty albums for a single user of the service paying the standard monthly subscription fee.  Additional albums beyond the initial fifty may be hosted for an additional monthly fee.  This fee will not be more than the standard monthly fee per each fifty albums.  Interact Albums will not maintain user albums and apps once user discontinues the service by not paying the monthly fee and Interact Albums may delete the related content at any time.

Third-Party Links

This Interact Albums website may from time to time provide links that will take You to other third-party websites. Any such links are provided solely as a convenience to visitors or members. Interact Albums has no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. Interact Albums does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If You access any of the third-party websites linked on this Interact Albums Website, You do so at Your own risk and You agree that Interact Albums shall not be liable for any loss or damage that You may suffer by using any of these other websites.

Third-Party Materials on the Interact Albums Website

This Interact Albums Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to our visitors and members. Interact Albums has not tested or evaluated these materials and does not endorse or make any representations about these materials or Your use thereof. If You use any of these third-party materials or any third-party products or services referenced in these materials, You do so at Your own risk. In no event shall Interact Albums be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these third-party materials.

Inaccurate Material on the Interact Albums Website

A possibility exists that the Interact Albums Website or any Interact Albums content could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Interact Albums website by unauthorized third-parties. Although Interact Albums attempts to ensure the integrity of the Interact Albums website it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Interact Albums website or any of the Interact Albums content on the Interact Albums Website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.

Trademarks

The name "Interact Albums," “Glimmer Apps” and the "Interact Albums" logo are trademarks of Interact Albums in the United States.  All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use Interact Albums’s name, logos, trademarks or other intellectual property displayed on this Interact Albums website except as expressly provided herein or by obtaining the written permission of Interact Albums or such other third party owner, as applicable. You acknowledge that Interact Albums will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Ownership

You acknowledge and agree that Interact Albums shall not acquire any ownership interest in or to any of Your Materials and all title, risk of loss, responsibility for, and control over Your Materials shall, at all times, remain with You. Interact Albums may not use any of Your Materials for any purpose, or in any manner, except as specifically authorized in these Terms of Use.

Content Restrictions

You represent and warrant that: (a) You have the right to enter into this agreement, to reproduce and distribute Your Materials; (b) none of Your Materials violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity; (c) Your Materials are authorized for distribution and sale; (d) Your Materials do not contain any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations of the United States.  Furthermore, You agree that Interact Albums and/or Apple may refuse to provide services and or delete content based solely on upon adherence to these Terms of Service.  Interact Albums may also request that Your Materials be altered, modified or deleted.  You agree that Your Materials shall not contain any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, explicit content or nudity, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. 

Refund Policy

In the event Your Material or App is rejected by Interact Albums or Apple for any reason, Interact Albums shall refund all fees paid by You for up to 30 days before receipt of a written request to receive such refund.  After 30 days, You agree to waive all rights to any such refund based on the fact that Your Materials were rejected by Interact Albums or Apple.

Marketing

You agree to permit Interact Albums to use (i) screen shots and/or up to 30 second excerpts of Your Materials; (ii) trademarks and logos associated with Your Materials; and (iii) information, collateral and images referring to Your Materials, for promotional purposes in marketing materials.   

Copyrights

You acknowledge that, in the event of any third party claim that Your Materials, or any portion thereof, 

infringes that third party’s intellectual property rights, You, not Interact Albums, will be solely responsible

for the investigation, defense, settlement and discharge of any such intellectual property infringement

claim.

Privacy

Please review the Interact Albums "Privacy Policy" below. The terms of the Privacy Policy are incorporated into, and considered part of, these Terms of Use.

Governing Law, Jurisdiction and Arbitration

This agreement between Interact Albums and its users will be governed and interpreted under the laws of the state of Texas. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out any Interact Albums service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any legal controversy or legal claim arising out of or relating to these Terms of Use or Interact Albums.com, excluding legal action taken by Interact Albums to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in a venue selected by Interact Albums, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Agreeing to Terms

If You do not agree to these Terms of Use please do not use this Website or any services offered by this site. We reserve the right to make changes in these Terms of Use. Please check back from time to time to ensure You are aware of any updates or changes in this policy. Your use of our site indicates acceptance of these terms and conditions.