Welcome to Kinzin, an Internet-based service that connects and allows you to share content with your family. The Kinzin service, available through the kinzin.com website, the Kinzin network (collectively, “Kinzin” or the “Service”) are operated by Kinzin, Inc. and its corporate affiliates (collectively, “us”, “we” or the “Kinzin Companies”). By accessing or using the Service, you (“you” and, together with all persons accessing or using the Service, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use from time to time without further notice. If we do this, we will post the latest version of these Terms of Use on this page and we will indicate at the bottom of this page the date of the last revision or modification. Your continued use of the Service, which use includes your continuing to make available your User Content (defined below) on the Service, after any such change, modification, addition or deletion constitutes your acceptance of the Terms of Use as then revised. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

Registration Data; Account Security
In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete.
Upon providing Registration Data to us through the Service, you will receive a password and account (your “User Account”). You hereby agree to be fully responsible for (a) all use of your User Account, (b) any action that takes place using your User Account by any person or automated process, (c) maintaining the confidentiality and security of the password to your User Account, and (d) immediately notifying us upon any unauthorized use of your password or your User Account.
Content; Licenses
In these Terms of Use, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, images, designs, profiles, messages, information, notes, text, information (including Registration Data), music, sound, video, articles, and software.
We do not claim ownership over any Content that you submit to, transmit to, upload to, copy to or make available on the Service (collectively, your “User Content”). Your User Content includes any Content submitted to, transmitted to, uploaded to, copied to or made available on the Service using your User Account. By submitting to, transmitting to, uploading to, copying to, or making available on the Service any User Content, you grant the Kinzin Companies the worldwide, royalty-free and non-exclusive right and license to (a) use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content solely for the purpose of our commercial provision and promotion of the Service, and (b) to sub-license your User Content in accordance with these Terms of Use. This license will be in effect while your User Content is included on the Service. Your User Content will be deemed to be included on the Service from the time you submit, make available, upload or copy such User Content onto the Service until you or we remove or delete such User Content from the Service.
All Content available or stored on the Service other than your User Content, including (a) all other Users’ User Content and (b) the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the proprietary property of us, the Users or our licensors with all rights reserved, and the Kinzin Companies (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title therein and thereto.
Provided that you are eligible for use of the Service, and you agree to these Terms of Use, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, subject to these Terms of Use and provided that you keep all copyright or other proprietary notices intact. Any other use of the Service or the Service Content is strictly prohibited. Without limiting the foregoing prohibition, and except with respect to your own User Content, you may not (a) modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Service Content, or (b) republish any Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission. Furthermore, you may not use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Service Content.
Any use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
Notwithstanding anything else in these Terms of Use, KINZIN, ALL TOGETHER NOW, the KINZIN logo and design, “The Zin” magazine and other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the Kinzin Companies on or in connection with the Service (collectively, the “Marks”) are registered trademarks, trademarks or trade dress of the Kinzin Companies or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
User Conduct
You acknowledge and agree that, except for self-service advertising programs offered by us on the Service (for example, Kinzin blog badges), the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no User Content violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other Users of the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service for any purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Without restricting the foregoing, you also agree not to use the Service to:
• upload, post, transmit, share, store or otherwise make available any User Content that is, in our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User Account, register for a User Account on behalf of an individual other than yourself (except if you are the parent or legal guardian to such individual), or register for a User Account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material (including all User Content) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• “stalk”, intimidate, harm or otherwise harass another User or another person;
• upload, post, transmit, share, store or otherwise make available content (including all User Content) that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority;
• interfere with or disrupt the Service (including the servers, networks or technology connected to the Service);
• upload, post, transmit, share, store or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, trade secrets, confidential information, and employer information);
• use or attempt to use another’s User Account or the Service without authorization from us, or create a false identity on, or provide false Registration Data to us through, the Service; or
• upload, post, transmit, share, store or otherwise make available content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our Users or licensors to any harm, damage or liability of any type.
Nudity and Adult Material
You acknowledge and agree that the Service must remain a safe site for families with children, so you agree not to, and we strictly prohibit, the uploading and display of any User Content portraying explicit nudity, adult content, or that is otherwise unacceptable for viewing by minors, in our sole discretion. For example, prohibited User Content would include material that would be unacceptable in a public museum where minors visit, or User Content that would only be appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the sole discretion of whether User Content is suitable belongs to us, and we reserve the right (but have no obligation) to (a) delete any User Content we deem to violate these Terms of Use or, or (b) to cancel the User Account from which such User Content made available on the Service.
User Content Responsibility
You acknowledge and agree that (a) you are solely responsible for all of your User Content, and (b) we may, but are not obligated to, review and delete or remove (without notice) any User Content, in our sole discretion, including, without limitation, any User Content that violates this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Service Content (except for these Terms and Services, the Privacy Policy and other legally binding agreements) for any purpose whatsoever.
Copyright Complaints
If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our Designated Agent

Michael Fergusson
1055 West Hastings
Suite 1550
Vancouver, BC
V6E 2E9 CANADA
by phone: 1-877-864-7378
by e-Mail: content@Kinzin.com

To meet the notice requirements under the Digital Millennium Copyright Act (“DMCA”), the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. 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;

C. 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 us to locate the material;

D. Information reasonably sufficient to permit us 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;

E. 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

F. 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.
Infringer and Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Service or terminate the User Account of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
Third Party Sites and Content
The Service may contain (or you may be presented with through the Service) links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with the Kinzin Companies.
Share Service
The Service offers a feature whereby Users can share with others or post Third Party Content links from or links to third parties and Third Party Sites (the “Share Service”). You acknowledge and agree that your use of the Share Services and all User Content, Third Party Sites or Third Party Content shared through the Share Service is subject to, and will fully comply with, these Terms of Use.
Modifications to Service
We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSON OR MODIFICATION.
Advertisements
We may run advertisements and promotions on the Service. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Service is subject to change in our sole discretion.
General Practices regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that User Content will be retained by the Service, the maximum number of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Service (whether per User Account or globally), the maximum size of any User Content , the maximum disk space that will be allotted on the Service servers on any User’s behalf, and the maximum number of times (and the maximum duration for which) any User may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off or otherwise disconnect any User Account that is inactive for an extended period of time in our sole discretion.
User-and-User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to take any action with respect to any User Account pertaining to such Users, in our sole discretion.
Privacy
We care about the privacy of our Users. You can view our privacy policy at www.kinzin.com/privacy. You consent to your personal data being transferred to and processed in Canada.
Disclaimers
We are not responsible or liable in any manner for any User Content or Third Party Content available on the Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Service. Although we provide these Terms of Use and other policies and rules for User conduct, we do not control and are not responsible for our Users actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS-IS” AND THE KINZIN COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE KINZIN COMPANIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE KINZIN COMPANIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE KINZIN COMPANIES DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION), IN NO EVENT WILL THE KINZIN COMPANIES, OR THEIR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF THE KINZIN COMPANIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE KINZIN COMPANIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE KINZIN COMPANIES FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL THE KINZIN COMPANIES’ LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO THE KINZIN COMPANIES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE KINZIN COMPANIES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction
You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia with respect to any dispute hereunder.
Indemnity
You agree to indemnify and hold the Kinzin Companies and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of (a) these Terms of Use , (b) any law, or (c) any right of any third party.
Submissions
Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and shall become the sole property of the Kinzin Companies, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Electronic Communications
When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account through your Registration Data or by posting notices on (a) the Service at-large, (b) “The Zin” magazine (blog) site or (c) into your personal message centre available on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Merger or Acquisition
It is possible that any of the Kinzin Companies may be acquired or transferred as part of a merger, acquisition or other change of control. In the event of such a transaction, you understand and agree that we may assign our rights under these Terms of Use and that your personal information may be transferred to the succeeding entity in accordance with our Privacy Policy. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Interpretation
Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, these Terms of Use. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
Other
These Terms of Use constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. These Terms of Use shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.

Terms and Conditions Effective: April 9, 2007

Related Document: Terms and Conditions for MOMento Photo Book