TERMS OF SERVICE

This app, website, services and/or network (as relevant) (collectively "the Services") are operated by MEA Mobile Ltd ("we," "our," or "us"). Please read this Agreement carefully ("Agreement" or "Terms of Use").

By accessing or using any of the Services, you signify that you have read, understand and agree to be bound by these Terms of Use. 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 Services.

We reserve the right, at our sole discretion and without notice, to change, modify, add, or delete these Terms of Use in whole or in party, at any time. Any such changes to these Terms of Use will be posted on this page. Your continued use of any of the Services constitutes your acceptance of the new Terms of Use, and it is your responsibility to check to determine if there have been changes to these Terms of Use.

You are solely responsible for your obligations under these Terms of Use and the consequences of any violation or breach of those terms (including any loss or damage that we may suffer).

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Enabling Services

In the event that The Services are enabled by a number of third party services such as Twitter, Facebook and others. By agreeing to these Terms of Use you also agree to the terms and conditions of those third party services.

Some of the Services include services available via your mobile phone. You are responsible for any fees charged by your mobile carrier. We also use third parties to host and provide the underlying technology required to provide the Services.

Contributing and Consuming Content

This Section (Contributing and Consuming Content) only relates to those of the Services that permit contributing (including sharing via third party services) and/or consuming content (if any):

We are not under any obligation to host, promote or display your content and may (at our discretion) remove any content which may not be suitable for children under the age of 18 or which (in our opinion) is otherwise offensive, indecent, inaccurate, objectionable, or otherwise inappropriate or which is otherwise in violation of these Terms of Use. By using the Services you may be exposed to content of this nature. The Services must not be used for any illegal activity. You agree that that you use the Services at your sole risk and that we shall not have any liability or be held responsible for such content and that you may well be exposed to such materials.

When you contribute content, we may make it publicly available and that may include the location where your content was captured. You should take care as to the nature of your content before sharing it, especially if it is personal to you or others. The Services takes no responsibility for any kind of harm or loss that may come to you or others as a direct or indirect result of the use of the Services.

When you contribute content you warrant that you own such content and that you have not uploaded copyrighted materials or any materials which are in breach of third party intellectual property rights. The Services accepts no liability for any content which is breach of any intellectual property rights.

Content that you access via the Services may be subject to third party intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on content (either in whole or in part) accessible via the Services, unless you have been specifically told, in a separate written agreement, that you may do so by us or by the owners of the content.

Notwithstanding any other term of this Agreement, we have the right (though not the obligation) to, at our sole discretion (i) refuse or remove any content that, in our opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason.

By contributing content through the Services you grant us a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sub-license and transfer) with all required consents to use, copy, process, modify, publish and distribute such content in any media or distribution methods (now known or later developed). We may, for example (and without limitation), use your content in order to provide the Services, and as a part of promotional materials for the Services.

Intellectual Property

The name and logos associated with the Services, are the exclusive property of MEA Mobile Ltd. Our trademarks whether or not registered, 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 relating to the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our intellectual property without our express prior written consent.

Termination

We may terminate your use of the Services with or without cause at any time and effective immediately, without notice. We shall not be liable to you or third party for termination of use of the Services.

Privacy

We take the private nature of your personal information very seriously.

Some of The Services' social utilities permit sharing. When you share content, it may be made visible including (in some cases, and without limitation) location and time data. You should take care not disclose personal information in this way, and you must not use the Services to disclose personal information of others without their consent.

Depending on the way that you use the Services, it will often require that we gather personally-identifying information. The nature and amount of the information that we gather, depends on how you use the Services. For example, if you're enabled to you join The Services community and share content with that community, we may store your username, content, your email address, the content that you are sharing and other personal information. We only collect such information as is required or appropriate to fulfill your interaction with the Services. We won't disclose personally-identifying information other than as described below.

In addition to the information that you share directly with us, we may also collect non-personally-identifying information, such as (without limitation) the browser type, language preference, referring site, and the date and time of each visitor request. We use this information to better understand the how people use the Services, and from time-to-time we may publish or release non-personally-identifying information in aggregate. Sometimes we will also collect potentially personally-identifying information such as Internet Protocol addresses. We don't use that information to identify users, however, and will not disclose such information, other than as described below.

We disclose personally identifying and potentially personally identifying information to those employees, contractors and affiliated organizations that need to know the information in order to process it and/or assist in providing the Services, and provided that they have agreed not to disclose it other than subject to the same requirements of confidentiality. Those employees, contractors and affiliated organisations may be located outside your country of residence. By using the Services, you consent to us transferring such information to them. Additionally, we may chose to buy or sell assets. This will typically involve transferring user information from us to another business. If our business or the majority of our assets are acquired, or we merge with another business, or in the unlikely event that we go out of business or enter bankruptcy, user information would be transferred to a third party. You acknowledge that such transfers may occur, and that any purchaser may continue to use your personally and non-personally identifying information only as set forth in this policy. We may also disclose personally and non-personally identifying information if required by law. Otherwise, we will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

If you provided your email addresses, as a part of registration or otherwise, we may email you from time-to-time. We will always let you opt out at the time of such communication.

We take all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

Indemnity and Other Obligations

You agree to indemnify MEA Mobile Ltd, its directors, contractors, subsidiaries, officers, licensors, affiliates and employees, against all claims and expenses, including costs and attorneys' fees, made by any third party arising out of your contribution to or access of content or use of the Services, your violation of these Terms of Use, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

You agree not to damage, disable, automate, release computer viruses, mine information about other users, modify, hack, or otherwise interfere with or impair the normal operation of the Services. You must not decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of The Services Trademarks.

Warranties and Disclaimer of Warranties

We make no warranties or representations about the availability of the Services, and do not make any undertaking or accept any liability relating to the Services. Any use or reliance on the Services or any content accessed through it is at your own risk. We do not warrant that any content is accurate or reliable in any sense. The Services are provided on an "as is" and "as available" basis, and you use them at your sole risk. Without limitation, The Services makes no warranty that the Services will meet your requirements, that they will be error-free, secure, uninterrupted, timely, that the results will be accurate or reliable, or that the quality of the Services and content will meet your expectations. Use The Services at your own risk. Please note that no advice or information obtained by you from our personnel or through the Services shall create any representation, warranty or guarantee not expressly provided for in these Terms of Use.

You represent and warrant that (i) your use of the Services will be in strict accordance with the The Services Privacy Policy, with these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Limitation of Liability

In no event shall MEA Mobile Ltd, its directors, officers, shareholders, employees or members be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (ii) the cost of procurement or substitute products or services; (iii) damages for loss of use, profits, data, images, User Content or other intangibles; (iv) damages for unauthorized use, non-performance of the Services, errors or omissions; or (v) damages related to downloading or posting content.

The failure of MEA Mobile Ltd to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

General

Both you and we agree that these Terms of Use will be interpreted in accordance with the laws of New Zealand. MEA Mobile Ltd is a New Zealand registered company. If you need to contact us, you can do so at http://www.meamobile.com/contact-us/

Walgreens Terms of Use

COPYRIGHT AND TRADEMARK INFORMATION

Copyright © 2013 Walgreen Co., 200 Wilmot Road, Deerfield, Illinois 60015. All rights reserved. We or our content providers own all of the content on our web site, including text,customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

Hypertext linking to this web site is permitted. However, Walgreen Co. reserves the right to disable any link to any site Walgreen Co. believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Walgreen Co., adversely affects the goodwill of Walgreens or any trademark or service mark of Walgreen Co. or its subsidiaries. Walgreen Co. expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. 'Framing' or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of Walgreens is strictly prohibited. Walgreens reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

WALGREENS, WALGREENS-THE PHARMACY AMERICA TRUSTS, WALGREENS-THE BRAND AMERICA TRUSTS, and WALGREENS-WHERE AMERICA TAKES ITS PICTURES, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of Walgreen Co. or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.

Walgreen Co.'s automated touch-tone prescription refill system is licensed under the following United States Patents: 5,128,984; 5,561,707; 5,684,863; 5,815,551; 5,828,734; 5,898,762; 5,917,893; 5,974,120; and others.

NOTE ABOUT PRICING

Walgreens makes every effort to provide accurate information about products and their pricing on its websites. However, pricing and/or typographical mistakes may, on rare occasions, appear on this website or Walgreens.com. For this reason, Walgreens cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Walgreens reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Walgreens will notify you of the cancellation. Prices and availability are subject to change without notice.

NOTE ABOUT QUANTITY LIMITS

Walgreens reserves the right to set quantity-per-order limits on any and all items sold on this website or Walgreens.com. Walgreens may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.

NOTE ABOUT PRODUCT SUBSTITUTIONS

A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.

WARRANTY DISCLAIMER

WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WALGREENS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WALGREEN CO., WALGREENS.COM, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, 'WALGREENS') DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, 'CONTENT'), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WALGREENS DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. WALGREENS DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.

THIS WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. WALGREENS IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. WALGREENS EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. WALGREENS MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY WALGREENS. WALGREENS DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

WALGREENS DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY WALGREENS. THIS WEB SITE IS OPERATED IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA AND WALGREENS MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

WALGREENS RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THIS WEBSITE WILL NOT ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.

BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT WALGREENS IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF WALGREENS ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM WALGREENS IN THE APPLICABLE TRANSACTION. WALGREENS SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF WALGREENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

MODIFICATION OF TERMS

Walgreens reserves the right to amend these Terms and the additional Terms here below at any time, for any reason and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Walgreens will be prospective only.

ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW

These Terms, including the additional Terms relating to PHOTO.WALGREENS.COM here below, constitute the entire agreement between you and Walgreens governing your use of this web site, PHOTO.WALGREENS.COM and the web photo Service. These Terms may be changed or updated at any time at the sole discretion of Walgreens. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Walgreen Co., third-party content or third-party software.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to choice of law rules. Any litigation arising out of or in connection with these web sites shall be exclusively in state or federal courts located in Cook or Lake County, Illinois.

If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.

The failure of Walgreen Co. to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

ADDITIONAL TERMS AND CONDITIONS OF USE FOR PHOTO.WALGREENS.COM

In addition to the service provided on this website, PHOTO.WALGREENS.COM provides people with Membership ('Members') a way to process, print, store, share and otherwise use photographs (collectively 'Process') . However, before you enter the PHOTO.WALGREENS.COM site (the 'Site') or use any of its available services, it is important that you carefully review the Terms and Conditions for this website Walgreens.com set out above and the additional Terms and Conditions for PHOTO.WALGREENS.COM set out below (the 'Terms'). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Walgreen Co. and its subsidiaries (collectively 'Walgreens') that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact service@photo.walgreens.com. Your use of the Site and its services (together, the 'Service') is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

TERMS OF MEMBERSHIP

PHOTO.WALGREENS.COM membership ('Membership') is available to you if you are at least 13 years of age and submit certain requested information to PHOTO.WALGREENS.COM, including your name and correct email address or if you are a registered user of WALGREENS.COM of at least 13 years of age. In addition, by becoming a Member, you will provide Walgreens with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).

The Service is for personal use only

A benefit of Membership is the ability to store photos in your account. A condition of your storage of photos is your 'Active Participation' in the Service. Active Participation is defined as purchasing photo merchandise, including prints, reprints and enlargements, through the Service at least once every 365 days. If your Membership account is inactive for a period of over 365 days, PHOTO.WALGREENS.COM may remove and discard any content, including all information, communications, postings, albums, image files or any other content within the Service. Walgreens may terminate your membership for any activity that in the sole opinion of Walgreen Co., its Site Host or subsidiaries constitutes an abuse of your Membership or a violation of these Terms.

PHOTOFINISHING SERVICES

As part of your Membership, you are enabled to have your digital photos uploaded and stored on the Site, pursuant to these Terms, as well as to have print copies or other photo products made either at a Walgreens retail location or delivered to you by mail as requested or appropriate, along with other special offers Walgreens may make to Members from time to time. Costs associated with print copies or photo products, delivered to you by mail, will be charged to your credit card. Orders over a specified value, for store pick-up, will likewise require a credit card.

DIGITAL IMAGE STORAGE

Subject to these Terms, as long as you are an active participant in the Service, PHOTO.WALGREENS.COM offers free, unlimited storage, for non-commercial purposes, of your digital photos that you upload to your account.

MEMBER CONDUCT

PHOTO.WALGREENS.COM allows Members to store, share and transmit communications, albums, image files, creative material, photographs, links and comments (collectively 'Content'). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Walgreens believes:

• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;
• Comprises copyrighted material used without the express permission of the owner;
• Violates or encroaches on the rights of others;
• Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
• Advocates illegal activity;
• Harms anyone, including minors; or
• Provides a link to any of the above.

Walgreens has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although PHOTO.WALGREENS.COM and Walgreens do not and will not examine and review all Content submitted or transmitted to the Service, PHOTO.WALGREENS.COM and Walgreens may delete, move and edit materials for any reason, at any time, without notice.

Any Content discovered on the Site that is deemed in the sole discretion of PHOTO.WALGREENS.COM or Walgreens to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.

All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it.

Thus, you are responsible for your Content.By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.

PHOTO.WALGREENS.COM and Walgreens in no way guarantee the accuracy, quality or appropriateness of Content available on the Site.

NO RESALE OF SERVICE

You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

THIRD PARTY SOFTWARE

As a convenience to Members, Walgreen Co. may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Walgreen Co. does not guarantee that any software downloaded through the Service will be free of viruses, worms or Trojan horses or other forms of corruptive code. Walgreen Co. makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.

COPYRIGHT

As a condition to your Membership, you hereby grant Walgreens and the PHOTO.WALGREENS.COM Site Host (presently Hewlett-Packard Co. d/b/a/ Snapfish) a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to Walgreens and the Site Host that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. Walgreens reserves the right to decline production of any Content that it, in its sole discretion, believes may violate the copyrights of any party.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content.

You are solely responsible for any copyright violations you may incur as a result of your activities on the Service.

If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Walgreens has a process in place to respond to your concerns. Walgreens will take appropriate steps, at the sole discretion of Walgreens, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:

If you believe your copyright or the copyright of another has been infringed on the Service, please provide the Law Department of Walgreen Co. with a written notice containing the following information:

• a description and copy of the copyrighted work you claim has been infringed;
• a description of where the material you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.

The above Notice for claims of infringement for Content on the Service should be addressed to the Law Department at Walgreen Co. at the following street address:

Walgreen Co.

Law Department

MS # 1425

104 Wilmot Rd.

Deerfield, Illinois 60015

Attn: Intellectual Property

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WALGREEN CO., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY 'WALGREENS') FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

LIMITED WARRANTY

• No Liability for Content IN NO EVENT WILL WALGREENS OR THE SITE HOST BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
• Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WALGREENS SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR WALGREENS TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR PHOTOGRAPHIC PRODUCTS, OR (II) REPRINT THE PHOTOS OR RECREATE THE PHOTOGRAPHIC PRODUCT AT NO EXTRA COST.
• Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WALGREENS AND THE SITE HOST EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALGREENS AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. WALGREENS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, WALGREEN CO. WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE - OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TERMINATION

Walgreens may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Walgreens elsewhere on the Site, (ii) conduct Walgreens believes is harmful to other PHOTO.WALGREENS.COM or Walgreens.com users, the business of Walgreen Co. or the Site Host or (iii) failure to continue Active Participation in the Service. Neither Walgreens nor the Site Host will be liable to you or any third party for any termination of your access to the Service or discarding Content.

- Last updated 10/16/2008