Terms and Conditions and Privacy Policy:

The following terms and conditions (“Terms and Conditions”) govern all use by you of the World Wide Web Site located at (the “Site”), whether as a casual visitor, a member or a purchaser of products or services. By accessing, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, acknowledge that you have read and understand these Terms and Conditions, and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them.

These Terms and Conditions may be changed at any time. Any change to these Terms and Conditions shall be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes.

1. Materials Submitted to the Site This Site is for personal use only. By submitting photographs, materials, information, and content to or using the Site (“User Materials”), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, “Law”); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Materials or other material or information to Digital Moon Design LLC or Thumbnailcafe.com (collectively, “Thumbnail Cafe”), you grant Thumbnail Cafe, and Thumbnail Cafe thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials and any other material or information that you submit to this Site for the purpose of providing the Site and Site products and services and for all other business purposes of Thumbnail Cafe. Thumbnail Cafe may remove User Materials from the Site that is libelous, incorrect, spiteful, or otherwise inappropriate, in Thumbnail Cafe’s sole discretion. Thumbnail Cafe shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 13 of these Terms and Conditions.

2. License to User Materials You acknowledge and agree that User Materials may be transferred by Thumbnail Cafe and its agents, representatives, contractors, and licensees outside of the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing of their personal information in connection with the User Materials and to ensure that any required third parties have given their consent to such processing as required by all applicable Law, including, without limitation, data protection legislation. You shall have sole responsibility for all User Materials, including but not limited to, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all User Materials. You acknowledge and agree that when you share User Materials with third parties or make available User Materials to third parties, you allow the recipients to share, distribute, reproduce, display, and make prints of such User Materials.

3. Temporary Storage User Materials stored on the Site are stored by Thumbnail Cafe only for permitted temporary online photo sharing purposes and not for permanent or long-term storage or for temporary archival purposes. Thumbnail Cafe will not, and is not obligated to, maintain back-up copies of any User Materials - this policy applies to free accounts as well as to paid accounts. User Materials stored on the Site are compressed using JPG lossy compression. User Materials are not stored at the resolution at which they were submitted to the Site.

4. Accounts and Payment Thumbnail Cafe members can initially create a free Account. Thirty days after account creation, you must either upgrade to the paid account or the pictures that you stored in the free account will be permanently deleted from the Site. The term of your account begins on the date you upgrade to the specific paid account level and continues for one year, which may be extended at any time during the paid account period by clicking on the appropriate link on the member page. You will provide Thumbnail Cafe with valid and updated credit card or such other method of payment permitted by Thumbnail Cafe, in its sole discretion, and complete and accurate billing and contact information. If you provide credit card information to Thumbnail Cafe, you authorize Thumbnail Cafe to automatically renew your subscription and bill such credit card at the time of any renewal, for the amount charged for the then-current renewal term. If Thumbnail Cafe, in its sole discretion, permits you to make payment using a method other than a credit card, Thumbnail Cafe will invoice you and all amounts invoiced hereunder shall be due within 30 days of the date of the invoice. Thumbnail Cafe is not responsible for reminding members that their account will be deleted in 30 days nor is Thumbnail Cafe responsible for any loss, including but not limited to financial or personal loss, to members who had an account deleted. In order to terminate the paid account, you must click on the Support link in the members area and submit a paid account cancellation request. All fees are irrevocable and nonrefundable. There will be no refunds on paid account memberships for any reason, including but not limited to, early cancellation, accidental deletion of photos, albums or accounts due to server malfunction, server down occurrences, server crashes or problems with software running on the servers.

5. Proprietary Rights All works of authorship, information, content, functional components, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are Thumbnail Cafe’s copyrighted works, all rights reserved, or the copyrighted works of Thumbnail Cafe’s affiliates, licensors, or suppliers. Thumbnail Cafe also owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Thumbnail Cafe, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Thumbnail Cafe, without Thumbnail Cafe’s advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Thumbnail Cafe or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

6. Third Party Materials, Products and Services This Site is available for informational purposes only. Parties other than Thumbnail Cafe may provide products or services on the Site. Use of this Site and the Site Materials and any other material or content on and made available through this Site is entirely at your own risk. Thumbnail Cafe expressly disclaims any and all responsibility for or related to the User Materials or products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Thumbnail Cafe expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.

7. Communications With The Site Thumbnail Cafe welcomes your feedback and suggestions about how to improve our products, information, and services and this Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, “Submissions”) to Thumbnail Café. Such Submissions shall be deemed User Materials in accordance with Section 1 of these Terms and Conditions. Further, Thumbnail Cafe is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.

8. Nature of the Internet Given the nature of the Internet, the transmission of any communication or material to Thumbnail Cafe via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure.

9. Privacy Policy Thumbnail Cafe has a Privacy Policy setting out Thumbnail Cafe’s online information gathering and dissemination practices with respect to the Site. See the Privacy Policy (below), which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

10. Disclaimer of Warranty and Liability THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THUMBNAIL CAFE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU. THUMBNAIL CAFE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THUMBNAIL CAFE TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.

11. Corrections and Changes Thumbnail Cafe endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Thumbnail Cafe is not responsible for any errors or omissions in the Site or Site Materials. Thumbnail Cafe may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and Thumbnail Cafe makes no commitment to update the information contained on or in this Site. Thumbnail Cafe reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

12. Indemnification You agree to defend Thumbnail Cafe and its directors, officers, employees, agents, and contractors (“Thumbnail Cafe Indemnitees”) against all claims, actions, suits, and other proceedings of third parties (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold Thumbnail Cafe Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Thumbnail Cafe.

13. Complaint Procedure If you believe that any content or postings on this Site violate your intellectual property or other rights, please use the Thumbnail Cafe Support page to contact support with a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

14. Use of the Internet Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Thumbnail Cafe nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

15. Governing Law and Jurisdiction These Terms and Conditions, including but not limited to, the Privacy Policy, represent the entire agreement between you and Thumbnail Cafe with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in New York City, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

16. Securities Information This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Thumbnail Cafe, and although this information was believed to be accurate as of the date prepared, Thumbnail Cafe disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

17. Miscellaneous This Site is controlled and operated from within the United States. Without limiting anything else, Thumbnail Cafe makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Thumbnail Cafe to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, but not limited to, the Privacy Policy, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Policy). The waiver or failure of Thumbnail Cafe to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

Effective July 15, 2005.

Last updated: January 19, 2007

Thumbnail Cafe Privacy Policy:

This Privacy Policy sets forth the information gathering, use, and dissemination practices of Digital Moon Design LLC and Thumbnailcafe.com (collectively, “Thumbnail Cafe”) in connection with the World Wide Web site located at (the “Site”), where you can organize and share your photos. This Privacy Policy addresses Thumbnail Cafe’s practices regarding information collected only directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. Thumbnail Cafe can be contacted through our support page. This Site is not designed to be used by children under thirteen (13) years of age. By submitting any personal information, you represent and warrant that you are at least thirteen (13) years old.

1. Collection of Personal Information from Site Visitors

Thumbnail Cafe may collect or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with Thumbnail Cafe via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data), (4) the email addresses provided by users of the Site when sharing photographs, and (4) aggregate and user-specific information regarding which pages Site visitors access.

Thumbnail Cafe may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits the Site, Thumbnail Cafe may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available.

Thumbnail Cafe also may use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.

When a visitor performs a search within the Site, Thumbnail Cafe, without limitation, may record information identifying the visitor or linking the visitor to the search performed. Thumbnail Cafe may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.

2. Use of Personal Data Collected

Personal data collected by Thumbnail Cafe may be used by Thumbnail Cafe for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, for fulfillment of a requested transaction or recordkeeping, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to Thumbnail Cafe may be added to Thumbnail Cafe’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.

Thumbnail Cafe also may use Site visitor data to contact the Site visitors regarding account status and changes to the Terms and Conditions, Privacy Policy, and any other policies or agreements relevant to Site visitors.

3. Disclosure of Personal Data to Third Parties

Aggregate data on visitors’ home servers and individually identifying information, such as names, postal and e-mail addresses, phone numbers, may be disclosed or distributed to another party with which Thumbnail Cafe enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by Thumbnail Cafe in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of Thumbnail Cafe or any other person or entity.

While Thumbnail Cafe may undertake efforts to see that any third party to which Thumbnail Cafe shares, rents, sells, or otherwise discloses personal data is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties are independent third parties over which Thumbnail Cafe exercises no control. Thumbnail Cafe is not responsible for, and will not be liable for, their conduct, actions, omissions, or information handling or dissemination practices.

This Site may contain links to other World Wide Web sites or advertisements for or placed by third parties. Thumbnail Cafe is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.

4. Security Measures

Thumbnail Cafe has implemented security features that are designed to prevent the unauthorized release of or access to personal information, including the use of a secure server host site, and the restriction of employee access to such information. The confidentiality of any communication or material transmitted to or from Thumbnail Cafe via this Site or via e-mail cannot be and is not guaranteed. Accordingly, Thumbnail Cafe is not responsible for the security of information transmitted via the Internet.

5. Opt-Out Right

Except as necessary for Thumbnail Cafe to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to Thumbnail Cafe through an account registration, customer order, or electronic news or information subscription, prospectively retained by Thumbnail Cafe, used by Thumbnail Cafe for secondary purposes, or disclosed by Thumbnail Cafe to third parties by contacting Thumbnail Cafe via postal mail, e-mail, or telephone at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section 5.)

6. Access to and Ability to Correct Personal Data

Upon a visitor’s request via postal mail, e-mail, or telephone, Thumbnail Cafe will provide to the visitor a summary of any personally identifiable information retained by Thumbnail Cafe regarding the visitor, which information has been voluntarily provided by a visitor to Thumbnail Cafe through an account registration, customer order, or electronic news or information subscription. A visitor may modify, correct, change or update their personally identifiable information by contacting Thumbnail Cafe via postal mail, e-mail, or telephone at the addresses or numbers above.

7. Right to Change Privacy Policy

Thumbnail Cafe may change this Privacy Policy at any time. Notice of any new or revised Privacy Policy, as well as the location of the new or revised statement, will be posted on the Site for at least 60 days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Policy since their last visit. Any change to this Privacy Policy shall be effective as to any visitor who has visited the Site before the change was made.

This Privacy Policy is effective July 15, 2005. Last updated: January 19, 2007