Original PhotoBook Terms of Service

ACCEPTANCE OF TERMS
Borsche Digital, LLC provides the Original PhotoBook service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at originalphotobook.net/terms_of_service.php or request a copy from us at any time. By using the Original PhotoBook service of Borsche Digital, LLC to share and manage your family photos, you agree to be bound by our Original PhotoBook Terms of Service.

COPYRIGHTS AND TRADEMARKS
By requesting our services and entering into an agreement with BORSCHE DIGITAL, LLC, you represent to BORSCHE DIGITAL, LLC and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, artwork or other items furnished to BORSCHE DIGITAL, LLC for use in any project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BORSCHE DIGITAL, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by you.

LIMITATION OF LIABILITY
You expressly understand and agree that BORSCHE DIGITAL, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages to, theft or loss of the content you provide, damage to DVD players, computers, or other equipment, loss of profits, goodwill, use, data or other intangible losses, resulting from, but not limited to, product defects, accident, misuse, acts of God or other circumstances.

PAYMENT OF FEES
In order for Borsche Digital, LLC to continue to provide its services, payment must be made promptly. Payment shall be in U.S. dollars by check made payable to "BORSCHE DIGITAL, LLC" or by credit card through PayPal. Credit card payments will be automatically billed as recurring payments until BORSCHE DIGITAL, LLC is notified that you wish to change payment method or cancel your subscription to the Original PhotoBook service. Recurring payments by credit card may be billed 3 to 5 business days before the current monthly or annual subscriptions period ends. This is an attempt to prevent disruptions of site access. When the current subscription period ends and payment has not been received to renew the subscription, access to the Original PhotoBook service will be blocked until such time as payments are brought up to date. Returned checks will be subject to a $20 handling fee in addition to any fees charged by banks. Delinquent bills will be assessed a $15 service charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 1.5% per month penalty will be added to the balance due for each additional month of delinquency. In case collection proves necessary, you agree to pay all fees incurred by that process.

SUBSCRIPTION RATE
Subscription rates and options are subject to change at any time. Each Account Administrator will be notified by email sent to the address on file at least 30 days before the new rate takes affect. The new rate will take effect when the next annual or monthly payment is due.

PRIMARY CONTACT
The primary contact will be the Account Administrator who initiated the subscription and/or any Users designated as "Account Administrators." It is the responsibility of the primary Account Administrator to keep email addresses and phone numbers for all Account Administrators up to date. As a Account Administrator, you MUST be on the email newsletter list so that you will be kept up to date on any Original PhotoBook changes and important information. As primary Account Administrator, you will be responsible for creating login access for additional members (Users) that you want to access the site. You should also impress upon them that they must NOT share their login information. If you suspect someone is not protecting their login information or is not using the site correctly, you should deactivate their login and/or reset their password. Contact them to be sure they understand how the system is to be used.

NEWSLETTER MAILING LIST
All members defined to the system will be automatically added to the email newsletter list. If you are NOT a "Account Administrator," you will have the option of opting out of newsletters and other email communications from the Original PhotoBook system administrator.

TERMINATION OF SERVICE
Access to the Original PhotoBook service can be terminated by the Account Administrator or BORSCHE DIGITAL, LLC under the following circumstances:

The Account Administrator can terminate or cancel the service at any time by notifying BORSCHE DIGITAL, LLC by standard mail or by email. The subscription will expire at the end of the current subscription month or year based on the billing cycle. There will be no refunds of any unused time remaining on the subscription. Before a subscription is teminiated it is the responsibility of the Account Administrator to be sure that all family pictures and information stored on the Original PhotoBook has been downloaded BEFORE the service has been terminated.

When a subscription expires because non-payment, the login access will be blocked. When the subscription is reinstated by payment of any outstanding subscription fees login access will be restored.

If BORSCHE DIGITAL, LLC determines that the Original PhotoBook is no longer a viable service.

Sixty days after the CLIENT has been notified by e-mail that the subscription has expired, BORSCHE DIGITAL, LLC can delete the Family web site and ALL data stored there. If the Original PhotoBook is terminated by BORSCHE DIGITAL, LLC, the Account Administrator(s) will be notified using the contact information (email and phone) entered into the Original PhotoBook in time for them to make a backup of all pictures and information stored on the Original PhotoBook web site.

CONTENT OF PICTURES AND IMAGES
Since this site is intended to be accessed by family members of all ages, all images should be rated "G." Photos that are not appropriate for the Original PhotoBook will be deleted by the system administrator. The person uploading and/or the Account Administrator are responsible for the content of all images uploaded and any complaints about uploaded images.

BACKUP OF DATA
The Account Administrator and others with access have the ability to create and download a ZIP file of all the information for each Family and/or Personal Album. The CLIENT will be responsible for using this function to make periodic backups of pictures and data on the Original PhotoBook web site. In addition, the hosting company normally has backups in case of a hardware failure.

AGREEMENT
By using the Services of BORSCHE DIGITAL, LLC, you acknowledge that you have read and accepted the TOS, which constitutes the entire agreement between you and BORSCHE DIGITAL, LLC, and governs your use of the Services, superseding any prior agreements between you and BORSCHE DIGITAL, LLC (including, but not limited to, any prior versions of the Terms of Service). Requests for services received by email will be considered the same as a signed request for services.

Please review the policy on copyrighted material before submitting any photo, images, or content.

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Jane Smith 6 months old 1950
Jane Smith 6 months old 1950

Jane thinks Santa is cool - he gives me presents 1955
Jane thinks Santa is cool - he gives me presents 1955

JIm, Mark, Andy & Don in the cab of old steam engine - Circa 1989
JIm, Mark, Andy & Don in the cab of old steam engine - Circa 1989

Mary Jones by archery target while serving in the Navy- Circa 1943
Mary Jones by archery target while serving in the Navy- Circa 1943

Jane & Mike with the catch of the day - circa 1940
Jane & Mike with the catch of the day - circa 1940