Terms and Conditions

IF YOU WISH TO OPEN A PREMIUM ACCOUNT WITH AMALGRAM, PLEASE ALSO READ THE TERMS AND CONDITIONS WHICH APPLY TO PREMIUM ACCOUNTS, AT THE BOTTOM OF THIS PAGE.

Welcome to Amalgram, an original application owned by Amalgram Inc. (hereinafter “AMALGRAM”), a Canadian corporation based in Montréal.

By using Amalgram you agree to comply with all applicable legislation as well as all terms and conditions relating to your use of Amalgram, as contained herein, including any and all modifications thereto that may be brought to your attention from time to time. We require users that are less than fifteen (15) years old to ask their parents for permission before using Amalgram.

The free Amalgram membership is for a maximum of one account per person.

A member is only identified by his full name, his email, and his IP address at the time he registers.

It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity nor misrepresent nor conceal your real identity.

We reserve the right to limit or stop the use of the site by a member for technical reasons or any other reason without the need to justify our decision.

We reserve the right to close any account at any moment, without notice and without any justification.

We reserve the right to refuse the opening of an account without the need to justify our decision.

We are not responsible for the content put online by our members. You must notify us of any content which would be illegal or in violation of these conditions by email at info@amalgram.com. We will take the measures which are necessary in the circumstances.

A notice as described in the preceding paragraph must contain your name, physical and email address, daytime phone number, the identification of the relevant element of content by reference to the unique URL of the content at issue (as the case may be), and a detailed description of the alleged infringement or violation. An incomplete notice shall be deemed invalid.

It is forbidden to use the Amalgram Web site to send large quantities of unsolicited emails (spam).

Informations on the site are saved daily. However, we are not responsible for any loss of data.

Albums can be protected with passwords. This protection allows some kind of confidentiality but is in no way an absolute protection : AMALGRAM is not responsible for the protection of any data, and we recommend not to put any confidential data online.

A photo album on the Amalgram website can be "Private" or "Public". The content of the photo albums which have a « Private » confidentiality status is not indexed in Internet search engines. The content of the photo albums which have a « Public » confidentiality status will be indexed in Internet search engines allowing a public access to their content. In no case can AMALGRAM be held responsible for any problems related to public dissemination of the contents of an album whose confidentiality status is "Public". In addition, while AMALGRAM makes significant efforts to protect the status of "Private" photo albums so designated by the member, AMALGRAM can not provide a guarantee of confidentiality of the photos in an « Private » album , particularly because of the certainly regrettable but realistic possibility of a computer attack.

For security reasons and quality control, some AMALGRAM personnel have access to any information put online by a member (photos, emails, texts...)

These General Terms Of Use can be modified at any time without notice. Please consult this page regularly to be informed of any updates.

The photos could be deleted 6 month after expiration of the membership.

AMALGRAM may use your personal information to contact you, reply to your requests, process your orders and transactions, as well as to facilitate and improve your use of the Amalgram Web site. If you have allowed us to do so upon creation of your account, your use of the Amalgram Web site or upon making a purchase through the Amalgram Web site, we may use your personal information for the purpose of sending you relevant information and advertising regarding services available of the Amalgram Web site, as well as for the purpose of sending you relevant information.

Even if a member has declined the offer to receive information from AMALGRAM and its business partners, AMALGRAM will have the right to communicate with such member in order to renew his membership or service package.

The Amalgram Web site is the intellectual property of AMALGRAM. The trademarks, trade names and other marks found on or in the Amalgram Web site are owned by AMALGRAM, its business partners or its affiliates. The license we grant you regarding the use of the Amalgram Web site is personal, non-transferable and non-exclusive. Apart from the photos which are posted on the site, no part or portion of the Amalgram Web site may be used, copied, transmitted, redistributed, decompiled or reverse engineered in any manner other than that which the Amalgram Web site allows, and as provided by these terms of use. Nothing in these terms of use shall have the effect of transferring the ownership of any intellectual property rights to you.

OUR SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED OR LEGAL WARRANTIES WHATSOEVER, INCLUDING WITHOUT BEING LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN ALL CIRCUMSTANCES OUR AGGREGATE LIABILITY ARISING OUT OF OUR SERVICES RENDERED TO YOU WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Terms of use - responsibility of the member

You are responsible of your password and any activity made under your name

You recognize that you use the site at your own risks, and that we are not responsible for any direct or indirect damage.

You acknowledge that the Internet is not a secure environment, and that AMALGRAM will take those precautions it deems reasonable in its sole discretion to secure its Web Site from attacks. AMALGRAM cannot make any warranty that there will be no outages or interruptions of service, or that your uploaded content will be secure against an attack of any form.

You mustn't use the site for any illegal use.

You declare that you own all the necessary intellectual property rights regarding the photos which you put online on the site.

Amalgram does not claim any rights with respect to the photos and videos for use, broadcast, distribution, public presentation or telecommunication link, that you and your guests download on the platform.

You mustn't put online any pornographic or violent photo, any photo not respecting human dignity, or any other photo that AMALGRAM would consider to be illegal or not in accordance with the ethics of the site. AMALGRAM can decide to close an account without notice and without any justification.

You will fully indemnify AMALGRAM against any and all damages arising from your inclusion of any photo on the Amalgram Web site.

You mustn't download another member’s picture(s) without his authorization.

You mustn't, in any way receive income directly or indirectly from use of Amalgram without a revenue sharing agreement with Amalgram inc.

You mustn't, in any way, try to modify or attack the site, or transmit any kind of virus that could attack the site's integrity.

You mustn't use the site for spamming.

You are in conformity with the rights of your country to use the site.

You mustn't use the site for any illegal storage, or any other reason that would not be in AMALGRAM’s interest.

We may use cookies to know in a manner that does not identify you personally (nor allow us to track who you are) certain additional information of our users, including their IP address, the type of browser they use and its version, the whole so as to make the Amalgram Web site easier to use and to enable to make our advertising more effective. As the case may be, such information (that does not identify you) may be disclosed to other users and may be archived permanently for future use by us. From time to time, we may also make use of certain analytical tools, such as Google Analytics™, to monitor and track certain aspects of the traffic generated by the Amalgram Web site and its use, which may allow us to determine, for example, the frequency of your use of the Amalgram Web site.

By submitting comments about our services, by email or by any other means, you grant a license to AMALGRAM for their use, copy, modification, translation, adaptation, and the creation of derivative works (other changes to improve the provision and functioning of our services), their broadcast, publication, public presentation or presentation through a telecommunications link, display and distribution. The rights you grant in this license are limited to the operation, promotion or improvement of our services. This license continues even if you stop using our services.

The present agreement is governed by the laws applicable in the province of Québec, Canada. Any claim in relation to this agreement must be filed with a competent tribunal in the district of Montréal, Québec, Canada.

The masculine gender (he, etc.) is used only for convenience purposes and does not exclude the feminine gender.

The failure by AMALGRAM at any time to enforce any of the provisions of this agreement or any right or remedy available hereunder or at law or in equity shall not constitute a waiver of such provision, right, remedy or option unless an amendment is made in writing to this agreement.

General pricing terms

Subscriptions

Subscribing to an Amalgram paid account increases the maximum number of pictures allowed on your account beyond 75 or to create prepaid album. Upon such subscription, your account or your prepaid album will be converted to a paid subscription account and will not be subject to some of the restrictions placed on free accounts, including the display of advertisements. However, the General Terms still apply, unless they are modified by the following.

By signing up for an Amalgram paid account subscription and providing Amalgram with your payment information, you hereby agree to these payment terms and conditions.

Billing

For a paid account, the membership fee for our service will be billed from the day you opt for a subscription (or convert your free account to a paid subscription one) and on each monthly or yearly renewal thereafter, depending on the type of plan, unless you decide to cancel your subscription. We will automatically charge your credit card monthly or yearly, via PayPal, from the date of your subscription.

For prepaid albums, a fee will be charged once and the album will be available for a period of 3 years. After this period you can renew the payment or download all the photos from the album.

Amalgram does not retain any credit information concerning its subscribers. You will be notified by email one month before any renewal. Click the "Account Info" tab in the "Setting" section to see the renewal date of your subscription and its use to this day. For prepaid albums, the due date and its use are displayed in the management of the album.

You acknowledge that the amount billed may vary because of, among other reasons, modified amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. All fees and charges are non-refundable and partially used periods cannot be subject to any refund or credit.

Upgrading your account

You can choose to upgrade your paid subscription account in order to enjoy more picture storage space. In such case, the start of the next renewal period will be on the date of the upgrade and the end date will be calculated according to the period included in the subscription plan you have chosen.

The rate is unaffected by the number of pictures actually used, therefore it is best to order additional picture storage space only when there’s very little storage space left.

The free plan gives you the opportunity to experiment the application. When you subscribe to a paid account, you keep the pictures you have uploaded and you get the number of pictures included in the upgraded plan. For example, if the free plan allowed you to download 75 pictures, when subscribing to the 500 pictures plan, you receive space for 350 extra pictures for a total of 500 pictures. However, all accumulated bonus pictures add to your plan. For example, if you have invited 30 people who eventually joined Amalgram you have automatically received 300 bonus pictures. These are added to your plan at no extra cost. The same applies with the pictures obtained through promotion codes. At the renewal, only the fees of the 500 pictures plan will be charged, unless you decide to switch to a greater plan.

Price changes

Amalgram ensures that the price of an ongoing plan will not be changed during its period of validity and until the date of its renewal. However, Amalgram reserves the right to change its rates. These will be displayed in the "Plans" section available in the "More picture storage space" menu. In case of an increase, we will give you advance notice of the new rate through the automatic renewal email sent 30 days before the expiration of the plan. Your silence before the renewal date shall amount to your acceptance.

Payments via PayPal

If your credit information is no longer valid at PayPal (date of expiry of the card or number no longer valid) or if you have canceled your payment at PayPal, you will be sent 3 notices (one every 10 days) to advise you about such situation. In the meantime, you will still be able to access your album. You will then have a 30 days grace period to rectify the situation. Beyond this period, the system will assume you have deactivated your account (see the third paragraph of the following section “Deactivating your account”).

If you wish to use a different credit card or if the validity or expiration date of your credit card has changed, you can change your credit card information at PayPal via the link that can be found in the Account information, through the "Settings" menu. You should always make sure that your details and other data related to your payment method are up-to-date.

In the event that a payment and / or a debit would be refused and / or returned by Amalgram’s financial institution, or would cause additional costs for Amalgram for any reason (i.e. bank charges), you shall then pay Amalgram, in addition of amounts due, an amount of FIFTY dollars ($ 50.00) as compensation and all costs incurred by Amalgram to recover the amounts due. Any account which is more than THIRTY (30) days past due, may result, without notice, in the suspension of the services provided to you. Amalgram will charge monthly interest charges of TWO PERCENT (2%) (24% per year) on any account which is more than THIRTHY (30) days past due.

Deactivating your account

30 days prior to the expiry date of your plan, an email will be sent to notify you of the amount that will be automatically deducted from your credit card. If you do not want to renew, you can deactivate your account by clicking "Deactivate my account", in the "Account Info" tab, "Settings" section.

In order to avoid being charged for an additional year, you must cancel your paid subscription before its annual renewal, so that we do not charge your credit card with the amount of another annual subscription. Amalgram will charge the designated credit card at the time of your registration (or any other credit card if you modify your account information) the amount of the annual subscription of your paid account, plus any applicable taxes, if necessary. Amalgram subscriptions are paid in advance and no refund will be granted. AMALGRAM GRANTS NO REFUND OR CREDIT FOR PARTIALLY PASSED MONTHS OR YEARS. You can deactivate your Amalgram paid subscription account at any time.

From the deactivation of your account, your information will be kept for six months to allow you to subscribe to a new plan. You will not be able to access your album, and will be redirected to the subscription page. After this period of six months, all your pictures and albums you have created, all your comments on the forum and on the pictures, will be destroyed. It should be noted that the albums that you have created will not be available to those who have contributed to them by adding pictures. The pictures added by the participants to your albums will also be destroyed. However, a final notice will be sent to you 7 days before the destruction of your information.

Free accounts

Amalgram allows you to share up to 75 pictures for free. You cannot disable advertisements on a free account. Amalgram reserves the right to cancel a free of charge account at any time, with or without notice. Without limiting the foregoing, Amalgram can delete some or all of your files, without notice, if it appears that your free of charge account remains inactive for one year (365 days).

The title or caption of each article of these Terms is for convenience only and is not to be used for interpretation of the text.