ReplayIt Private Photo Submission Site Web Site Terms of Use

Jostens Inc. ("Jostens") operates theReplayIt Private Photo Submission Site> web site (the "Site") to provide digital images for use in yearbooks as well as digital photography services, including the ability to upload, view, share, store and print digital images, each as described and limited in various areas of the Site (collectively, the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). You further agree that this Agreement forms a legally binding contract between you and Jostens and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation effective as of the date you click "I Agree." If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions.

Jostens reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site. You may use the Service, the Site, and the information and/or content that you see, hear or otherwise experience on the Site (collectively, the "Content") solely for your non-commercial, private purposes. Except as otherwise set forth in this Agreement, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Jostens reserves all rights in all Content other than any digital images you own and post and/or upload to the Site.

2. Copyright. The Site and the Content are protected by U.S. and international copyright laws and treaties, and belong to Jostens or its partners, affiliates, contributors or third parties. Except as specifically authorized in this Agreement: (a) you may not reproduce, publicly display, modify, transmit, publish, transfer, or distribute the Content, (b) you may download and print a single copy of the Content for non-commercial, private purposes only, and (c) you may not manipulate or alter the Content in any way without permission from Jostens.

3. Trademarks. Nothing in these Terms of Use grants any license to you to use Jostens name or trademarks in any manner. You are prohibited from using any of the marks or logos appearing throughout the Site without the express written consent from the trademark owner, except as permitted by applicable law.

4. Purchase of Products. If you purchase products from this Site (collectively, the "Products"), you acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through this Site and the Service and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to a shipping carrier.

5. Storage Policy. Jostens provides limited online storage of images for its users. There is no guarantee that an image uploaded to the Site can be accessed by the user on a return visit. Without limiting the foregoing, Jostens may at its option, terminate access to the Site and/or to particular images at any time and for any reason (including deletion of any information held by Jostens). Jostens may change this policy at any time upon reasonable notice to you.

6. Responsibility for Your Images. You are responsible for all of the images you upload, share or copy using the Service. By uploading, sharing, or printing an image, you represent and warrant to Jostens that you have the legal right to do so, that you own the copyright in the image and/or have the right to license Jostens to use, copy, print, distribute and display that image, ,that the images do not contain any content that violates any applicable law or regulation, that the image is not defamatory and does not invade the privacy or other rights of any third party, that you agree to waive all moral rights in the image and to assign to Jostens the benefit of any waiver of moral rights you hold in the image, and that identifiable person in the images has consented to the use and disclosure of the image.

7. Image Rights. Jostens does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service and fulfill any orders for you or others who have access to your images, you grant to Jostens a non-exclusive, royalty-free, perpetual, worldwide license to use, copy, print, distribute, and display those images in any media, form or format. This license shall survive and continue, even if you are no longer a user of the Site. Please note that when you share images, you allow the recipients to share the images with others, add them to their own projects or accounts, alter or manipulate those images, and make prints from those images. Your use of the Services and the posting and/or uploading of any images constitutes your permission for recipients to use the images as set forth above and your agreement that the images or content is intended for public display.

8. Monitoring of Content. Jostens does not control the content of any images uploaded to the Site 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 Service. Notwithstanding the foregoing, Jostens reserves the right to monitor or remove any content, including without limitation digital images, for any reason, in its sole discretion.

9. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of your digital images, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide any information to Jostens that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or resell the Service or any portion of the Service.

Without limiting the foregoing, you agree not to use the Service to (a) upload, post, order for print, email or otherwise transmit or communicate any material (i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or objectionable or which contains nudity, lewd or lascivious acts, or any act, costume, design, action or other matter with is not appropriate for families (ii) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including but not limited to Jostens, or (iii) that is likely to cause harm to Jostens or anyone else's computer systems, or allow unauthorized access to the Service, which may cause any defect, error, malfunction or corruption to the Service; (b) 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; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) to make images hosted by Jostens available for viewing by the general public through a publicly posted link to the image or otherwise, except as described in paragraph 7; (e) for any commercial purpose other than to permit a recipient with whom you have shared your images to order printed products containing your images; (f) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (g) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or (h) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

10. Suspension and Termination of Access and Membership. You agree that Jostens may at any time without notice: move, change, or suspend any part of the Service; or refuse to fulfill any order, or any part of any order. Jostens may terminate your account and delete any content stored in your account if, in Jostens's sole discretion, you fail to comply with any these Terms of Use, or if requested or required by law enforcement or another legal or regulatory authority.

11. Availability. Jostens endeavors to make the Service available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that Jostens will not be liable to you for any modification, suspension, discontinuance or interruptions in or of the Service. You are responsible for creating backups of any content you post to the Service.

12. Links to Third-Party Web Sites. Links on the Site to third party web sites are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Jostens of the third party, the third-party web site, or the information contained therein. Jostens is not responsible or liable for any third party web site or the availability or content of such web sites. If you use these links, you will leave the Site, and will be subject to the terms of use and privacy policies applicable to those web sites.

13. Linking to this Site. If you would like to link to the Site, you may link to the home page only. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

14. Downloading Files. Jostens cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

15. Software. Any software that may be available for download via the Site is the copyrighted work of Jostens and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

16. Disclaimer of Warranties. JOSTENS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. JOSTENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. JOSTENS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. JOSTENS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOSTENS DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THIS SITE IS LEGAL IN YOUR COUNTRY OR JURISDICTION, AND YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS.

17. Limitation of Liability. IN NO EVENT WILL JOSTENS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) ACCESS TO OR ALTERATION OR REMOVAL OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR DIGITAL IMAGES, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF JOSTENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO JOSTENS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY JOSTENS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, JOSTENS WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY. BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, JOSTENS'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 IN AGGREGATE.

18. Indemnification. You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless Jostens, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of these Terms of Use or any other agreement between you and Jostens.

19. Privacy Policy. Click here to see Jostens's Privacy Policy.

20. User Supplied Information. Jostens does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post or upload to the Site will be considered non-confidential and non-proprietary. If you supply or post or upload any information or material to the Site, you guarantee to us that you have the legal right to post or upload such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Jostens the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material (other than your digital images, which will be used by Jostens as further described in these Terms of Use), in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

21. Security and Children's Online Protection. You acknowledge the Site is not a secure web site. If you post or supply any personal or other information or content via the Site, you agree that Jostens will not be responsible for any third party's unauthorized access to or use of such information or content. This site is not directed to children under the age of 13.

22. General Provisions. A. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Jostens of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. B. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Jostens therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Jostens does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. C. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. The Site is controlled by Jostens from its offices within the State of Minnesota, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Minnesota and the federal laws of the United States, by accessing the Site both you and Jostens agree that the statutes and laws of the state of Minnesota and the federal laws of the United States, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the site and its contents. Jostens makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Any and all disputes relating to these Terms of Use, Jostens's Privacy Policy, your use of the Site, any other Jostens web site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota and the federal laws of the United States, without regard to any conflict of laws provisions. Any Dispute will be exclusively venued in a state or federal court located in the State of Minnesota, United States and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose. D. Assignment. Jostens may assign its rights and responsibilities hereunder without notice. E. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

DATE OF LAST MODIFICATION
November 16, 2009