YEARBOOK YOURSELF®

TERMS OF USE

Terms of Use

Welcome to the Yearbook Yourself® website (the “Site”).

By accessing, using or posting anything to the Site, and/or receiving products created through the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). 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. 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.

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.

As used herein, the terms “Jostens,” “we” and “us” and “our” refer to Jostens, Inc., its subsidiaries, owners, affiliates, officers, directors, employees and agents.

License and Site Access

Jostens grants you a limited, non-exclusive and revocable license to use the Site in accordance with these Terms and Conditions for your personal, private, non-commercial use. The content of the Site that is posted by us, including but not limited to any text and images contained herein and their selection and arrangement, is owned by us or our content providers. You may download material from the Site that is posted by us for your personal use; however, you may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material contained on the Site. You acknowledge that we retain ownership of all content on the Site, including any the posted materials, and that you are not acquiring any ownership rights by downloading copyrighted materials. Your use of the Service and the Site is at your own risk.

Notwithstanding the foregoing, we reserve the right in accordance with any applicable laws, to refuse access to anyone at any time in our sole discretion and without notice to you for any reason, or for no reason.

Your Representations and Warranties

You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions, and that all information or material that you submit or upload to the Site is owned by you, is true, accurate and current and that you have the right to license Jostens to use, copy, print, distribute or display that image. You agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in these Terms and Conditions (this includes, but is not limited to, a prohibition on submitting a photograph of or including another person without that person's permission); (ii) post on the Site any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, is not appropriate for families or is otherwise inappropriate or 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; (iv) impersonate another person, including submitting their photographs as your own; (v) collect users’ information, or otherwise access website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; (vi) transmit worms, viruses or other malicious codes ) or that is likely to cause harm to Jostens or anyone else's computer systems, or allow unauthorized access to the Site, which may cause any defect, error, malfunction or corruption to the Site, and (vii) use the Site only for lawful purposes. You are responsible for any third-party fees, taxes or other charges incurred by you in accessing the Site (such as internet charges).

You affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then you may not use the Site.

Subject to the Privacy Policy, by posting information about yourself on or through the Site you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Jostens, its affiliates and third-party providers of any of information that you may provide on the Site.

By placing any content on the Site that contains images, photographs, graphics or pictures ("Images"), you represent and warrant that: (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Site; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

Jostens does not control and does not have any obligation to monitor, edit or screen any Images for any purpose. Although we prohibit certain activities in these Terms of Use, Jostens takes no responsibility or liability for any content or material you may encounter through the use of the Site. You acknowledge that you are solely responsible for all content and material you upload or otherwise provide to the Site. Notwithstanding the foregoing, Jostens reserves the right, and has the absolute discretion, to remove, screen or edit any content, including without limitation digital images, for any reason, at any time, without notice, in its sole discretion.

Intellectual Property and Trademarks

All content on the Site that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by us or the content providers, and is protected by law, including United States and international copyright laws. In addition, any trademarks or other intellectual property are also owned by us or the content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.

Except as expressly authorized in writing by Jostens, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.

Limitation of Liability and Warranty

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.

WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT ON THE WEBSITE DESCRIBED HEREIN, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISEMMINATED VIA THE WEBSITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE WEBSITE AT YOUR OWN RISK.

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 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 WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE 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 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.

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, (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 OR THE CONTENT, EVEN IF JOSTENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, 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 AND REPLACING YOUR DIGITAL CONTENT AT YOUR SOLE COST AND EXPENSE.

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’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 IN AGGREGATE.

Links to Other Sites

The Site may contain links to other Sites that are not under our control. Accordingly, we make no representations whatsoever concerning the content of those websites. The fact that we have provided a link to a third-party website is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such website, its owners, or its providers. We provide these links only as a convenience to you. We have not tested any information, software, or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, forwarding, relying upon, or purchasing anything via the Internet.

Information Provided by You is Not Confidential or Proprietary

Any information uploaded by you to the Site or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Notices of Copyright Infringement

The Jostens Copyright Agent for notice of claims of copyright infringement on or relating to this Site can be reached by sending a letter via the U.S. Mail to:
General Counsel
Jostens, Inc.
3601 Minnesota Drive, Suite 400
Minneapolis, MN 55435
Fax: 952/830-3380

Notification: To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jostens to locate the material;
  4. Information reasonably sufficient to permit Jostens to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

  1. Jostens shall remove or disable access to the material that is alleged to be infringing;
  2. Jostens shall forward the written notification to such alleged infringer (the "Alleged Infringer");
  3. Jostens shall take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Jostens Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Alleged Infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Jostens may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. Jostens shall promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Jostens shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. Jostens shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Jostens's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Jostens' network or system.

Indemnification

You agree to indemnify, defend and hold us harmless, as well as our subsidiaries, agents and other affiliated companies, officers, directors and employees from all liabilities, claims and expenses, including reasonable attorney fees that arise from your use or misuse of the Site.

Applicable Law

This Site is hosted in the United States, with servers in the U.S., and is intended only for United States visitors. If you are visiting this Site from another jurisdiction, you understand that your use is at your own risk, and that data you submit is subject to the terms of our Privacy Policy. All users understand that the laws of the State of Minnesota will govern these Terms and Conditions, without regard to Conflict of Laws Rules or Principles, and any dispute that might arise between you and us. You agree to the personal and exclusive jurisdiction of the courts located in the County of Hennepin, Minnesota.

Termination

We reserve the right to suspend or revoke your right to use the Site, to remove any material from the Site, and to terminate the Site at any time in our sole discretion and without notice to you for any reason, or for no reason. In the event of such termination, Terms of Use shall terminate, but the following provisions will still apply: Your Representations and Warranties, Intellectual Property and Trademarks, Indemnification, Limitation of Liability and Applicable Law.

Severability

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Site and supercede all prior or contemporaneous communications, whether oral, written or electronic, between you and us. Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.

Miscellaneous

Both you and Jostens acknowledge and agree that no partnership is formed and neither of you nor Jostens has the power or the authority to obligate or bind the other. The failure of Jostens to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Jostens, shall not be deemed a breach of these Terms and Conditions. Jostens may assign its rights and responsibilities hereunder without notice. If Jostens fails to act with respect to your breach or anyone else's breach on any occasion, Jostens is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

© 2010   Jostens, Inc.   All rights reserved.
DATE OF LAST MODIFICATION
May 1, 2010

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