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Use of ProMediaserve software and services

Your Agreement with ProMediaserve.
Welcome to this ProMediaserve website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ProMediaserve ("ProMediaserve", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR UPLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.

Overview:
ProMediaserve is only a hosting and service provider for your images and photos. You must either be the copyright holder or have the legal right to upload, display and distribute images using this system. ProMediaserve has no reproduction rights in any way or form (other than the displaying of the images within your an account)to any images uploaded onto their servers nor does it distribute an information used for registering an account to any third party. We are not responsible for any corruption or damage of data uploaded or downloaded from our servers; ProMediaserve reserves the right to delete any images or account with images that are regarded as illegal, immoral or abusive without notice. We reserve the right to change our pricing and special offer policies without notice.
Ownership of this Website:
This website is owned and operated by ProMediaserve. All of the content featured or displayed on this website, including, but not limited to, text, graphics and software ("Content"), is owned by ProMediaserve.The software and design elements of ProMediaserve website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with ProMediaserve or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of ProMediaserve, a Beach Mountain Company.
You shall indemnify ProMediaserve against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Privacy policy:
ProMediaserve fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.
In order to fulfill licensing transactions or provide service to you as a customer of ProMediaserve, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number.
By providing this information to ProMediaserve, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to ProMediaserve' various worldwide offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.

Email:
If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside ProMediaserve, its subsidiaries, affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter - we will not send you information if you inform us you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the account section of this website.
About Cookies
When you visit a ProMediaserve website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable this website to recognize the information you have consented to give to this website, such as username and randomly generated key to establish you as the originator of the log in. As a result, cookies will allow you to log in faster. The cookie lasts for 3 hours before automatic deletion or 30 days if you select the 30 day automatic log in option.We do NOT use cookies to examine your surfing behavior before or after leaving a ProMediaserve website.
If at any time you believe that ProMediaserve has not followed the above policy, or if you would like your information to be removed from our system, please contact us. We will make reasonable efforts to identify and correct any problem.
Disclaimers:
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ProMediaserve EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ProMediaserve, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither ProMediaserve nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
ProMediaserve uses reasonable efforts to ensure the accuracy, correctness and reliability of the Software and Content, but we make no representations or warranties as to the Software and Content's accuracy, correctness or reliability.
There may be links to other websites from the ProMediaserve website; however, these other websites are not controlled by ProMediaserve and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against ProMediaserve regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of England, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of the England (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ProMediaserve shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ProMediaserve, such action is necessary or desirable.
No action of ProMediaserve, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between ProMediaserve and you relating to your use of this website.
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