TERMS & CONDITIONS

Welcome to the website of Album King Inc., (“Album King”) at www.AlbumKing.com (the “Site”). We strive to make our Site informative and easy to use and would appreciate your feedback on how we can make it even better. In return for access to the information we provide and your ability to process orders online through the Site, we ask that you review and abide by the legal terms and conditions stated below.

Album King owns and operates this Site to provide online access to information about Album King Inc. and its album products, accessories and services, and to permit online ordering and payment by Album King's professional commercial customers. By accessing and using this Site, or placing any orders through this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”), which form a binding agreement between you and Album King Inc. Additional terms and conditions applicable to specific areas of this Site or to particular content, transactions or special offers are also posted in other areas of the Site and, together with these Terms of Use, govern your use of those areas, content, transactions and offers. These Terms of Use, together with all other posted additional terms and conditions, are referred to as the “Agreement.” Please read these Terms of Use carefully, because by using this Site, you automatically acknowledge and agree to them. If you do not agree with these Terms and Conditions, or any other portions of the Agreement, you may not use this Site.

Album King reserves the right to modify this Agreement and any terms posted on this Site at any time without giving you prior notice. You should therefore check the terms of this Agreement before you process any transaction with Album King through this Site. Your use of the Site or processing of any order following any such modification constitutes your agreement to be bound by such modified Agreement. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use Album King’s services, the Site, and the information, text, images, graphics, forms and other materials that you read or use to interact with this Site (singly or collectively, the “Content”) solely for your personal purposes, to process orders and/or to learn about Album King Inc. products and services. No right, title or interest in any Content is transferred or licensed to you, whether as a result of downloading such Content or otherwise. Album King owns and retains all title and intellectual property rights, including without limitation all copyrights, in all Content, except for any images or photographs we use on the Site that are provided to us by third parties with permission or under license (“Third Party Content”). Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content or Third Party Content that is obtained from the Site or through use of Album King’s services to which you do not own rights.

2. Copyright

a. The Site, Content and Client Content are protected by U.S. and/or foreign copyright laws. The copyrights in the Content are owned by Album King Inc. Copyrights in Third Party Content are owned by the respective photographers who have granted permission to Album King Inc to use their works. Publicity rights in Third Party Content are owned by the individuals who are depicted in such images. You may download and reprint Content solely for informational, non-commercial, non-public, personal use only. If you are browsing this Site as an employee or principal of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Album King Inc.

3. Trademarks

The Album King name and logo is a United States registered trademark owned by Album King Inc. and is protected by federal and state laws. You are prohibited from using the Album King name and logo or other third party trademarks that may appear on this Site without express permission from Album King or such other trademark owner.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Album King of the third party or their products or web site content. Album King is not responsible for the availability or content of such web sites.

5. Linking to this Site

If you would like to link to the Site, you must follow Album King's following link guidelines. Album King grants you permission to include a hypertext link to this Site provided such link is for information purposes only and is not otherwise likely to deceive or confuse the public into believing that Album King sponsors, supports, endorses or approves of any third party products, services, opinions or statements. You are prohibited from linking to this Site from any other site that contains lewd, obscene, pornographic or other material that Album King deems offensive or otherwise considers infringing of the rights of others. You may not mirror or frame the home page, any other pages or any Content or Third Party Content in this Site on any other web site or web page without Album King'sprior written consent.

6. Special Offers

From time to time, and in its sole discretion, Album King may make available to its customers special offers relating to the purchase of its products and services. Information, including special terms and conditions, about such special offers and eligibility requirements will be posted separately on this Site from one of more links including from the home page (“Special Offer Terms”). All Special Offer Terms will be subject to and will incorporate these Terms of Use and be part of the Agreement.

7. Disclaimer of Warranties

OTHER THAN EXPRESSLY SET FORTH IN THE ALBUM ORDER TERMS, ALBUM KING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, ALBUM KING’S PRODUCTS OR SERVICES OR THE CONTENT. ALBUM KING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ALBUM KING DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE (EXCEPT AS PROVIDED IN OUR ALBUM ORDER TERMS) OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ALBUM KING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. Limitation of Liability

EXCEPT AS PROVIDED IN OUR ALBUM ORDER TERMS, IN NO EVENT WILL ALBUM KING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) YOUR USE OF OR INABILITY TO USE ANY PORTION OF THE SITE OR ANY OF ALBUM KING SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INFORMATION YOU PROVIDE TO US, OR CLIENT CONTENT, OR (V) ANY OTHER MATTER RELATING TO THE SITE, ALBUM KING'S SERVICES, OR THE CONTENT, EVEN IF ALBUM KING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ALBUM KING’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 OR, IF APPLICABLE, THE AMOUNT STATED IN THE ALBUM ORDER TERMS.

9. Indemnification

You agree to indemnify, defend and hold harmless Album King Inc, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

11. Privacy Policy

See Album King’s Privacy Policy, which is a part of the Agreement along with these Terms and Conditions.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Confidentiality of User Supplied Information

Album King does not want to receive confidential or proprietary information from you via the Site. Except as provided in the Order Terms respecting means of payment information or in our Privacy Policy, you agree that any information or data you transmit to us or post to the Site for ordering or other purposes will be considered non-confidential and non-proprietary. If you supply or post any information to the Site, you guarantee to us that you have the legal right to post such information and that it will not violate any law or the rights of any person or entity. Album King will not have to pay or acknowledge you or anyone else for using any ideas or other materials that you may transmit to Album King Inc. Messages that users send to Album King by e-mail may not be secure.

14. Password Security

If you subscribe to or participate in any online special offer or our online order placement service through the Site, you will be given a confidential user i.d. and password to permit your secure access to such services. You are responsible for maintaining the confidentiality of your personal i.d. and password information, and for restricting access to your identification and password information. You agree to accept responsibility for all activities that occur under your user i.d. and password.

15. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Album King of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Album King therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Album King does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Album King's Privacy Policy, your use of the Site, any other Album King web site, the Service, or the Content (i) are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions, and federal law as it pertains to copyright issues, and (ii) shall be resolved before a state or federal court having proper jurisdiction located in the State of New York County of Westchester, and you consent to the exclusive personal jurisdiction of such courts and waive any objection based on inconvenience.

d. Revisions and Consents

Album King reserves the right to revise these Terms and Conditions and any other portions of the Agreement at any time and for any reason. We also reserve the right to make changes at any time, without notice or obligation, to any of the Content contained on this Site. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these Terms and Conditions and we hope you will return to our Site often.

© Copyright 2011, Album King Inc., All rights reserved. Date Last Modified: March 18, 2011