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ProPhotoApps Terms of Use

Last updated: December 2009

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE WEBSITES, SERVICES OR PRODUCTS OFFERED BY PROPHOTOAPPS LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations.

Definitions
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Prophotoapps LLC, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Prophotoapps LLC for violations of these Site Terms.

  • "Bandwidth" shall refer to the rate of data transmission in bits per second using Prophotoapps's Equipment.
  • "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
  • "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
  • "Fee" shall mean monies and other consideration you are obligated to pay to Prophotoapps for the right to use the Prophotoapps Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Prophotoapps Services for which you have registered, as outlined on the then-current schedule of fees.
  • "Fee Schedule" shall mean the fees for the Prophotoapps Services as published on the Prophotoapps website, which may be modified at any time in Prophotoapps's sole discretion pursuant to the provisions of 23.1.
  • "International Customers" shall mean customers residing in or accessing the Prophotoapps Services from outside of the United States and Canada.
  • "Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Prophotoapps Services and the laws of any provinces, states or dependencies thereof.
  • "Parties" shall collectively refer to Prophotoapps and you.
  • "Payment Account" shall refer to the credit card provided by You upon registration to pay for Your Services. Prophotoapps may add, delete, or modify the methods by which customers can pay for the Prophotoapps Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and Prophotoapps makes no representations or warranties with respect to those services.
  • "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
  • "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.
  • "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Prophotoapps's web server equipment.
  • "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
  • "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Prophotoapps Services and stored on or transmitted by the Prophotoapps Equipment.
  • "Your iPHone App" shall mean data transmittable via the Internet by Prophotoapps which is stored in your Web Site Space.
  • "Your Services" shall mean the specific Prophotoapps Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Prophotoapps Services pursuant to the current Fee Schedule.

iPhone App Content Hosting Services
Prophotoapps shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of Prophotoapps's Equipment for purposes consistent with this Agreement.

  • Prophotoapps, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by Prophotoapps with or without reason, in its sole discretion. Any Technical Support which Prophotoapps may subsequently agree to provide to you shall be at Prophotoapps's sole discretion and once commenced, may be terminated at any time by Prophotoapps without notice to you and without any liability to Prophotoapps.
  • All use of Web Site Space and provision of services to you by Prophotoapps shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or Prophotoapps's services by entering into multiple agreements.
  • Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your iPhone app and other applicable downloads, shall not exceed 3 gigabytes per month.
  • Some Prophotoapps Services may not be available to International Customers, and Prophotoapps reserves the right to alter, amend, or discontinue the provision of some or all of the Prophotoapps Services to International Customers in a particular market at any time in Prophotoapps's sole discretion.
  • Prophotoapps may suspend performance under or terminate this Agreement, cease transmission of data associated with your iPhone app immediately and without notice, permanently remove Your Data from the Prophotoapps Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. You waive any and all claims you may have, now and forever, against Prophotoapps relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless Prophotoapps from and against any such claims.
  • You are responsible for backing up Your Data on your own computer. Prophotoapps does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Prophotoapps will have no obligation or liability to you.

Privacy Policy
Prophotoapps LLC is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
This Site is owned by Prophotoapps LLC. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Prophotoapps LLC Content"), is owned by Prophotoapps LLC, its parent company, affiliates, licensors, or third-party image partners.

Use of the Site and Content
This Site and the Prophotoapps LLC Content are intended for customers of Prophotoapps LLC. You may not use this Site or the Prophotoapps LLC Content for any purpose not related to your business with Prophotoapps LLC. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Prophotoapps LLC Content without, or in violation of, a written license or agreement with Prophotoapps LLC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Prophotoapps LLC Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Prophotoapps LLC product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Prophotoapps LLC Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ProPhotoApps LLC, not to insert any code or product or manipulate the content of ProPhotoApps LLC in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Prophotoapps LLC has adopted a policy of terminating, in appropriate circumstances and at Prophotoapps’ sole discretion, account holders who infringe the intellectual property rights of Prophotoapps LLC or any third party.

Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Prophotoapps LLC Legal Department
PO Box 511062 New Berlin WI 53151-1062

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks
Prophotoapps LLC trademarks, including "Prophotoapps LLC," the Prophotoapps LLC logo, and any other product or service name or slogan contained in the Site are trademarks of Prophotoapps LLC and its suppliers, affiliates, or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Prophotoapps LLC or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Prophotoapps LLC" or any other name, trademark or product or service name of Prophotoapps LLC without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Prophotoapps LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a Prophotoapps LLC logo or other proprietary graphic of Prophotoapps LLC to link to this Site without the express written permission of Prophotoapps LLC. Further, you may not frame any Prophotoapps LLC trademark, logo or other proprietary information, including the Prophotoapps LLC Content, without Prophotoapps LLC’ express written consent.

Prophotoapps LLC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Prophotoapps LLC and Prophotoapps LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Prophotoapps LLC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Prophotoapps LLC of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Prophotoapps LLC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.
You agree and warrant that the contact information you have provided to Prophotoapps is complete and accurate, and you further agree to notify Prophotoapps within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

  • You agree to provide Prophotoapps notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and points to a website hosted by Prophotoapps.
  • You agree and warrant that your use of the Prophotoapps Services and Prophotoapps's Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the Prophotoapps Services or Prophotoapps Equipment, shall at all times comply with all applicable Laws.
  • You agree and warrant that you will neither store on nor allow to be transmitted by Prophotoapps's Services any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.
  • You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
  • You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by Prophotoapps, in its sole discretion.
  • You agree that if, in Prophotoapps's sole and exclusive judgment, Prophotoapps concludes that iPhone App displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then Prophotoapps may, without prior notice to you and in Prophotoapps's sole and exclusive discretion, either remove and erase the material from Your iPhone app, and/or disable public access to the material on Your iPhone app, and/or cease hosting Your iPhone app, without any liability of any kind to Prophotoapps from either you or any third party.
  • You agree that in the event that Prophotoapps is informed by any party that your any material on Your iPhone app infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then Prophotoapps may, without prior notice to you and in Prophotoapps's sole and exclusive discretion, either remove the material from Your iPhone app, and/or disable public access to your iPhone app, and/or terminate this Agreement, without any liability of any kind to Prophotoapps from either you or any third party. You waive any and all claims you may have, now and forever, against Prophotoapps relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Prophotoapps from and against any such claims.
  • You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the Prophotoapps Services or Prophotoapps's Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the Prophotoapps Services or Prophotoapps's Equipment.
  • You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.
  • You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.
  • You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using Prophotoapps's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the Prophotoapps Equipment or Web Site or another customer's Web Site without authorization, or use the Prophotoapps Services to to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
  • You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Prophotoapps Services or Prophotoapps's Equipment.
  • You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the Prophotoapps Equipment, including but not limited to using your allotted space as online backup or storage, or mirroring mass downloads. Use of Web Site Space and Your Services shall be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of Prophotoapps's Equipment or network. Should your use of the Prophotoapps Services result in an overly high load on the Prophotoapps Equipment, in Prophotoapps's sole discretion, Prophotoapps may suspend your account until the cause of any such overload is determined and resolved.
  • You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Prophotoapps Services and that no taxing authorities shall have any claim against Prophotoapps or any persons affiliated therewith for the payment of such taxes.
  • You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
  • You agree to comply with all Laws rules regarding online conduct and acceptable Content.
  • You agree to abide by United States and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your Prophotoapps account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Prophotoapps LLC immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Prophotoapps LLC. 

Indemnification
You agree to defend, indemnify and hold harmless Prophotoapps LLC, its parent company, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Prophotoapps LLC Content, or your violation of any rights of another.

Disclaimer
THE PROPHOTOAPPS SERVICES AND PROPHOTOAPPS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE PROPHOTOAPPS SERVICES IS AT YOUR SOLE RISK. PROPHOTOAPPS DOES NOT WARRANT THAT THE PROPHOTOAPPSSERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PROPHOTOAPPS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE PROPHOTOAPPS SERVICES. NO WARRANTY IS MADE BY PROPHOTOAPPS REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND PROPHOTOAPPS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROPHOTOAPPS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE PROPHOTOAPPS SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

Prophotoapps LLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the Prophotoapps LLC Content, but we make no representations or warranties as to the Prophotoapps LLC Content’s accuracy, correctness or reliability.

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.

Limitation of Liability
IN NO EVENT SHALL PROPHOTOAPPS LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Prophotoapps LLC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PROPHOTOAPPS LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Prophotoapps LLC' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Prophotoapps LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Prophotoapps LLC FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Prophotoapps LLC Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Prophotoapps LLC’ intellectual property rights, Prophotoapps LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, Prophotoapps LLC reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Prophotoapps LLC. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms
Prophotoapps LLC reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information
For additional information about the Site or Site Terms, please contact your Account Executive or visit the "Contact Us" page of the Prophotoapps LLC site.


 
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