Company Info

Legal Info

The PhotoZen Story

My co-founder and friend, Ryan Phillips, is one of the top portrait and wedding photographers in the country. I've been a photo enthusiast since my first camera at age 14. Ryan and I started PhotoZen because friends and family were always asking us how to shoot better pictures. We also heard numerous complaints that many online photo sites were cumbersome, poorly displayed images and offered average print products. Most of our friends were like us: they loved art, bought the best stuff because they appreciate nice quality, and usually had upgraded to a DSLR when they started a family. They wanted to capture their travels, hobbies and family memories and thought that by simply buying better gear they could take better pictures. Yet they soon realized that they didn't know how to use their camera and were filling up their hard drives with thousands of average pictures. Some had also tried making photo books online. They loved the idea but were equally frustrated by the product quality. They always felt there was something better but didn't know how to get it. They were creating the digital version of the old box in the closet filled with damaged prints and negatives when what they really wanted was a way to beautifully preserve their legacy - all the memories once displayed in framed prints and photo albums and passed down through generations.

So we created PhotoZen - a company dedicated to making great photography simple - so that everybody could have the best possible way to share and preserve all the great moments of their lives. The entire team is dedicated to helping you achieve the highest possible quality in every aspect of your images, whether you're preserving your family legacy or building a great photography business. We truly believe that our legacy is your legacy, and we hope you'll try us out and let us know what you think Contact Us>

Sincerely,

Our Team

John Ellis
CEO, Co-founder

John has 18 years of experience building and marketing high-growth businesses, including executive roles at some of the leading brands. His background spans roles in marketing, strategy, business development, product management and operations.

Prior to founding PhotoZen, John was CMO & COO of NextMedium, where he was responsible for the executive leadership of marketing, client services and general company operations. Before NextMedium, John served as Vice President of Product Management for ValueClick, where he was responsible for its global media platform. He joined ValueClick through its acquisition of Fastclick, where he led marketing and product management through Fastclick's IPO and acquisition by ValueClick. Before joining Fastclick, John was Senior Director of Market Strategy and Business Development at Yahoo. Prior to Yahoo, John helped incubate and build EarthLink's broadband division as Vice President of Strategic Brand Marketing, where he was responsible for subscriber growth and product strategy. John joined EarthLink after a successful career at Kinko's, where he rose through several regional and corporate management positions to lead Computer Services for North America.

Ryan Phillips
VP of Business Development, Co-Founder

Ryan has been a Professional Photographer for 17 years and is recognized as one of the leading Photographers in his industry. He is continually on the cutting edge of image-making in terms of both style and technology.

Ryan graduated from the prestigious Rhode Island School of Design (RISD) and moved to NYC where he went on to work with some of the most renowned shooters in the fashion industry including Richard Avedon and Patrick Demarchlier.

Ryan's work has been featured in leading publications such as Forbes, Fortune, Travel + Leisure as well as top wedding publications such as InStyle, Modern Bride, and Los Angeles Weddings.

Last year the PPA ranked Ryan's studio as the 2nd highest grossing home based studio in the United States. As a spokesperson for PPA's studio management services he has given online seminars to hundreds of photographers around the country and is featured in industry publications on a regular basis.

Ivan Ivankovich
CFO

Ivan brings more than 22 years of finance and operations management experience. His primary focus is working with early stage companies as well as supporting the financial and operational requirements of venture firms and private equity groups and their portfolio companies. His industry experience includes technology (primarily software), Internet services, online advertising, digital media and telecommunications. Ivan also has business transaction experience both on the buy and sell side participating in the diligence, negotiation and transition/integration of companies. He has particular expertise in financial reporting, budgeting and forecasting, financial modeling, cash management, operational process and investment management.

In addition to his role as the senior finance executive for various early and later stage companies, Ivan served as CFO of YellowPages.com, Vice President, Portfolio Operations with Platinum Equity, a global acquisition firm specializing in the operation of technology companies. Ivan's primary responsibility was the management and operational supervision of its portfolio companies. He led the transition of acquired companies into stand-alone entities and served as interim CFO implementing critical financial and operational infrastructures and processes.

Ivan started his career with Ernst & Young joining their audit practice in Los Angeles. He is a Certified Public Accountant and a member of the California Society of CPA's.

Fabien Reille
COO

Fabien brings 12 years of global strategy, product, and operational experience to PhotoZen including co-founding one prior startup.

Fabien joined PhotoZen after leaving ReachLocal, a leading provider of local online marketing solutions for small- and medium-sized businesses, where he served as Vice-President of Products for their global online platform. Prior to ReachLocal, Fabien held various senior business development and product management roles at ValueClick, including launching and running the ValueClick Video product line.

Before joining ValueClick, Fabien co-founded Opendisc, an online marketing company servicing the music industry. He successfully raised an initial round of funding, developed the products and ran operations in both Europe and the U.S. and continues to serve as an advisor to Opendisc. Fabien began his career working as a strategy and management consultant in the media and entertainment practices of Andersen and Deloitte & Touche, both in Europe and the U.S.

Fabien holds an MBA from the Hautes Etudes Commerciales (HEC) in France and a post graduate degree in biochemistry from the Ecole Normale Superieure (ENS) in France.

Mike Mikowski
Vice President, Engineering

Mike brings 16 years of product engineering and 10 years general management experience. His most recent position was as Engineering Manager for ValueClick's Search123 on-line advertising team where he spent 4 years overseeing development, deployment, and maintenance of the platform for both the European and North American markets.

Mike previously founded two self-funded startups and served as CEO, and grew one to become a Tier 1 supplier to Ford Motor Company before its sale to an established supplier. Mike has also worked as a Senior Software Consultant for advanced engineering software, as a Senior Design Engineer for Ford and Buick at a Tier 1 automotive supplier, and as an independent consultant and web application developer.

Ryan Fuller
Creative Director / UI Designer

Prior to PhotoZen, Ryan founded Estebull.com, a cutting-edge design and development firm. Ryan is both a designer and photographer and he brings a fresh eye to the world of photo sharing sites. His primary goal is to bring a clean, scalable design that rivals professional desktop applications.

Ryan began his career in Sports Marketing at Oakley. He has worked on everything from websites to worldwide advertising campaigns for such companies as Virgin Records, US Navy, Spike TV, Fox Sports, IBM, Net Applications, National Geographic and many more.

Jeff Shoemaker
Senior Web Developer

Jeff has 13 years full-time web development experience and specializes in the latest Web 2.0 JavaScript technologies.

Prior to PhotoZen, Jeff was a Partner and Lead Web Developer with Estebull.com. Jeff worked on several extensive projects while part of Estebull, including the free resume optimization start-up, ResuWe.com. Jeff single-handedly built the site from the ground up using advanced Linux server configurations in the Amazon Cloud, programming the back-end with the latest Java technologies for speed and scalability, advanced AJAX Java Scripting on the front end, and integration with the Facebook API. Prior to Estebull, Jeff worked as a Software Engineer for successful companies such as Netlogix, Commission Junction, and Fastclick.

Investors

PhotoZen is a privately funded company. If you're interested in becoming an investor, please let us know.


Employment

PhotoZen is always looking for incredible talent. If you have a passion for photography, love working hard and having fun, and want to be part of a high-growth company, please contact us.


Contact Us

*First Name:


*Last Name:


*Email:


Phone:


Reason for Contact:


*Questions/Comments:
      Please Wait......

PhotoZen, Inc. Address

3835-R East Thousand Oaks Blvd.
Suite 249
Westlake Village CA 91362


Phone & Fax

877.477.7936 (main)
859.970.0430 (fax)

Terms & Conditions

Welcome to PhotoZen! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

Before using the PhotoZen website or setting up your account with PhotoZen (herein referred to as "we", "us", or "PhotoZen"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by PhotoZen (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.

In order to use the Service, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years old, please do not attempt to use, or set up an account to use, the Services.
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions ("Additional Terms") will be posted for viewing in conjunction with the applicable feature or service. In the event of any conflict between the terms and conditions of these Terms (other than Section 16, 17, and 18 of these Terms) and the terms and conditions of the Additional Terms, the Additional Terms shall control; with respect to conflicts between the terms and conditions of the Additional Terms and Sections 16, 17, and 18 of these Terms, Sections 16, 17, and 18 of these Terms shall control.

We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.

Registration

When and if you set up your PhotoZen account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy. As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Your Use of the Service

Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by PhotoZen to access to Service, we grant to you a non-exclusive, non-transferable, non-sublicenseable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of PhotoZen or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of PhotoZen. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved. While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Section 9 below. While using the Service, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
  • Violate any applicable laws or regulations;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • Engage in spamming or flooding;
  • Attempt to upload images by any method to another user's account without permission;
  • Access or use (or attempt to access or use) another user's content without permission;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
  • "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.PhotoZen.net/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
  • Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.

We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.

Your Submissions

In the event that you post or upload to the Service, or otherwise submit to or through PhotoZen as part of your use of the Service, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the Service (including without limitation for purposes of promoting the Service). Please note that, while you retain ownership of your Submissions, any template or layout in which you arrange or organize such Submissions through tools and features made available through PhotoZen are not proprietary to you, and can be used by PhotoZen and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of PhotoZen.

You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to PhotoZen a copy of any such consents, releases and/or permissions upon PhotoZen's request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Submission.

None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

Please note that we may also provide users with an automated method of reporting Submissions that they believe to be inappropriate. If we do provide such a method, Submissions that are reported more than a certain number of times may be automatically removed from the Service; provided, however, that PhotoZen has no obligation to remove Submissions in response to user reports or requests. PhotoZen is not responsible for, and will have no liability for, the removal or non-removal of any Submissions from the Service. We recommend you keep back-up copies of your Submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your Submissions.

Forums

The Service may permit users to share their Submissions with other users, including but not limited to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with PhotoZen. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Service by third parties, whether such third parties are users of the Service or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of PhotoZen. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will PhotoZen, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Service. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Service.

Some features of the Service enable you to send and receive transmissions. You acknowledge and agree that PhotoZen has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. PhotoZen reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Service and/or the amount of storage space available for transmissions or for any feature made available through the Service.

Making Purchases

If you wish to purchase any products or services through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

Copyright Issues

PhotoZen is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (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 are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to:

 

PhotoZen, Inc.
3835-R East Thousand Oaks Blvd.
Suite 249
Westlake Village CA 91326


Email: copyright@photozen.net

Web Addresses (URLs)

As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

Term and Termination

These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Except for the license to access and use the Service granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.

Third-Party Websites, Software and Services

The Service may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.

Promotions

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.


Access By Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that PhotoZen does not endorse any of the products or services listed at such sites.

Notice for California Users

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


U.S. Government Restricted Rights

If you are an agency or instrumentality of the United States Government, any software and documentation included in the Service are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.

Export
Software
Export Software and material included in the Service may be subject to United States export controls. You will comply fully with all applicable export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations.


Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Service (including, without limitation, any and all purchases).

Disclaimer of Warranties

THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOZEN AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF PHOTOZEN AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PHOTOZEN NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF PHOTOZEN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Policy for Idea Submission

Many of our customers are interested in submitting ideas and suggestions for products and services to be used at PhotoZen, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Service; however, please note that any such ideas or suggestions that you submit will be owned by PhotoZen, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to PhotoZen. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted to PhotoZen in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to PhotoZen, Inc. 2800 Bridge Parkway, Redwood City, CA 94065 Attn: Idea Submission. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by PhotoZen in order to evaluate your idea or suggestion.

Intellectual Property Notices

Portions of the Service are covered by potential pending US patent applications. The Service is (c)2009 PhotoZen, Inc. All rights reserved.
All trademarks and service marks on the Service not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.


Jurisdictional Issues

The Service is controlled and operated by PhotoZen from the United States, and is not intended to subject PhotoZen to the laws or jurisdiction of any state, country or territory other than that of the United States. PhotoZen does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Miscellaneous

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If you have any questions or comments regarding these Terms, please contact: legal@photozen.net.

Your Privacy

At PhotoZen, Inc. ("PhotoZen," "we," or "us"), we are passionately committed to ensuring the privacy of our customers.

This Privacy Policy ("Policy") describes how personal information is collected from users of PhotoZen's websites at www.photozen.net or members.photozen.net (the "Site"), and how that information is used and disclosed.

By using our Site, you consent to the terms of this Policy. For information about how to make your photo galleries private and/or secure, please see: http://www.photozen.net/help/privatealbums.

Use of our Site by Children
We encourage parents to take an active interest in their children's use of the Internet. This Site is not designed or intended to collect and retain personal information from children who are under 13 years of age and you must be 18 years of age or older to create an account on the Site.

However, there may from time to time be contests or other activities on the Site that do not require an account and that are open to all ages, including children under 13. In such situations we will not knowingly collect and retain information from children under 13 without parental consent, except in limited circumstances authorized under the Children's Online Privacy Protection Act ("COPPA").

What is Personally Identifiable Information (PII)?
Personally Identifiable Information (PII) specifically identifies an individual, such as a name, address, telephone number, e-mail address, credit card or other account number-and information about that individual's activities when directly linked to him or her, such as information about his or her purchases. PII also includes demographic information, such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies an individual.
PII does not include "aggregate" information. Aggregate information is data collected about a group or category of products, services or customers from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no Personally Identifiable Information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better design new products and services, and refine existing products and services to serve our customers better.

Personal Information We Collect
You provide personal information to us in a number of ways when you visit the Site. For example, you provide us with personal information when you:
create an account and subscribe to our digital photography, media hosting or other services ("Services")

  • purchase prints or other products
  • participate in a survey, contest or sweepstakes on the Site
  • contact us by email for any reason, such as to request help with the Services, or to provide us with your comments/feedback
  • submit a resume to us via email for employment consideration
  • or post personal information in connection with your photos/galleries (e.g., in a photo caption) or in other forums or interactive areas on the Site.

We collect your name, billing and shipping addresses, email address, phone number, credit card number and expiration date in this manner. We may also collect certain demographic information in connection with your participation in any survey, contest or sweepstakes on the Site.

Important Note: You have the option of telling us how you wish to be identified in connection with your photos, galleries, comments and elsewhere on the Site. If you choose to use your real name (or include any personally identifying information as part of your "nickname") that information will be publicly displayed on our Site. Therefore, please use caution in determining how you wish to be identified on the Site.

Additionally, when you visit our Site, some information is automatically collected, such as your computer's operating system and browser type, version, and capabilities (such as whether JavaScript is enabled and cookies are accepted), your Internet Protocol (IP) address and the time and date of your visit, the referring site (if applicable), as well as screen resolution, color and depth. This information is tracked through the use of "cookies" and "Web beacons." Cookies are small files that are stored on your computer by your browser at the request of a web site to store your personal preferences. We use cookies to keep you logged in to the Site, to count the number of unique computers visiting the Site, and to record your user preferences. Web beacons, also known as Web bugs, are small, graphic images on a Web page or other Web-based content that allow the site owner or a third party to monitor the IP address and other information of the site or computer viewing the Web page or content. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page or other Web content. Web beacons collect the IP address of the computer to which the Web beacon is sent, the URL of the page from which the Web beacon comes, and the time it was viewed. Web beacons can be linked to personal information.
We may place Web beacons on the Site in conjunction with cookies to monitor how visitors are navigating and/or interacting with the Site. We treat automatically collected information as personal information if we combine it with or link it to any of the personal information identified above. Otherwise, it is used in the aggregate only.

Some third parties may place cookies in advertisements and in other locations on the Site, and may place Web beacons on the Site in conjunction with such cookies. Information collected by these third parties is subject to those third parties' policies governing use and disclosure of personal information. In addition, a third-party service is used to anonymously track traffic data on the Site through the use of a cookie that is not linked to, and does not track, any personally identifiable information about users of our Site.

How We Use Personal Information
In general, we use personal information collected on the Site to provide the Services and otherwise process transactions on the Site, to provide support for the Services, to respond to user requests and inquiries, to maintain a record of our dealings with Site users, to develop new products and services and to inform users about products or services we think will be of interest.
For example, we use your information to process orders of subscriptions to the Services or purchases or prints or other products, to communicate with you about your product purchases, your subscription(s) and/or use of the Services or the Site, to provide support in response to your inquiries, to send you promotional materials via email and postal mail, to improve our products and services and to develop new products and services. When we use your personal information in our internal marketing efforts, we provide you with choices (see "Choice," below). We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you (for example, we may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with billing for Services). If we do so, this Policy governs such information.

Sharing of Personal Information
We do not sell, rent or share personal information with third parties without your prior consent except in the limited circumstances described in this Policy. We may share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. These functions may include, for example, analyzing traffic information or other data, providing marketing assistance, mailing items, processing credit card transactions, and fulfilling or delivering orders. In all cases we limit the information shared with our third-party vendors to that which is necessary to carry out those functions. We are not responsible for any additional information you provide to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them. We may also share Personally Identifiable Information in connection with Affiliated Sites (as discussed in more detail below).

We also disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order) or with requests of law enforcement authorities; to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect our or our customers' rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. In addition, information about our customers, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.

Links to Other Web Sites
The Site may contain links to other Web sites. Links from our Site to other sites or content are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or other sites. Any Personally Identifiable Information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

We may also link to or from Web sites that are maintained by PhotoZen and/or one or more of our clients, subscribers or business partners or hosted by PhotoZen ("Affiliated Sites"). When you submit personal information to Affiliated Sites you may be submitting it to both PhotoZen and/or the applicable client, subscriber or business partner. We may also share personal information we collect through Affiliated Sites with the applicable clients, subscribers and/or business partners and vice versa. For example, if you purchase prints or other products from one of our subscriber's (e.g., a professional photographer) sites maintained or hosted by PhotoZen, we may share your name and email address with such subscriber so that they may provide you with assistance or answer questions you may have in connection with your purchases. In such cases, the subscriber must agree to use such information only for the purpose for which it was provided to them by PhotoZen. Information submitted to us through Affiliated Sites will be governed by this Policy. Information you submitted to our client, subscriber or business partner through Affiliated Sites will be subject to such client's, subscriber's or business partner's privacy policy and/or practices which may differ from this Policy. We do not have control over the privacy practices of Affiliated Sites. We encourage you to read the privacy policies on any Affiliated Site to which you link for information on the privacy practices of that site.

Security
We have put into place reasonable security measures in an effort to prevent loss, misuse and alteration of information while it is under our control. We cannot, however, guarantee the protection of information against interception, misappropriation, misuse or alteration, nor can we promise that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Furthermore, we have no control over the security of other sites you might visit, interact with or do business with.

Orders placed on our Site are protected by the Secure Sockets Layer (SSL) protocol to ensure privacy and security of your ordering and payment information. We also use encryption technologies to protect billing information that we retain.

When you register for an account on the Site, we ask you to create a "nickname" and password. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused or otherwise misappropriated.

Choice
To opt-out of receiving marketing or other promotional communications from us, or to access, change or delete your personal information maintained by us, we provide you with the following options: you may (1) follow the "Unsubscribe" instructions contained in the communication from us; (2) email us at help@PhotoZen.net; or (3) write to us at the following address with your request:
PhotoZen, Inc.
Attn: Privacy Opt Out
3835-R East Thousand Oaks Blvd.
Suite 249
Westlake Village CA 91326

If, in the future, we decide to share personal information with any third parties for their own (or another third party's) marketing purposes, we will update this Policy to reflect such change and provide you with the opportunity to opt-out of such disclosure of your personal information.

Policy Changes
We will modify this Policy if our privacy practices materially change in the future and we will notify you of such changes only by posting the modified Policy on our Site and indicating at the top of the Policy the date it was last updated. We encourage you to review this Policy each time you visit our Site to see if it has been updated since your last visit and to make sure you understand how information you provide will be used.
Your Comments or Concerns
We welcome your feedback. If you have any comments or concerns about this Policy or would like to contact us for any reason, you may reach us via email at help@photozen.net.