Service Agreement
1. Purposes of Agreement.
WHEREAS, the participating 501(c)(3)
organization desires to allow all subscribers affiliated with Picturehealing.com
to regularly contribute to the participating 501(c)(3) organization
via membership and participation within the Picturehealing.com/Picture
Healing, Inc.’s websites.
WHEREAS, the parties desire to insure
that all persons affiliated with the participating 501(c)(3) organization
as subscribers, who, by means of a direct communication from the 501(c)(3)
organization therefore affiliates with Picturehealing.com, will be automatically
enrolled to begin contributing directly to the 501(c)(3) organization.
The Parties therefore agree as follows:
2. Term of the Agreement. The
agreement shall become effective as of the date set forth above, and
shall continue until: (A) it is terminated by mutual consent of the
Parties; or (B) upon 30 days written notice by either Party; or (C)
the death, incapacity, or dissolution of any Party; or (D) the filing
of a petition for bankruptcy by either Party; or (E) operation of law
3. Agreements of Parties.
1. Funds for their 501(c)(3)
operations that are determined by points accumulated by users to be
paid via PayPal or Cheque directly to organization
4. Inclusion in a lottery
of excess fund allotment (for fundraising purposes only and requiring
a contract separate from this).
B. Organization
will provide the following:
- Permission/Rights to use
organization logo and name in our PR and Marketing as an affiliate.
4. Relationship of the Parties.
The Parties acknowledge and agree that the Services performed by
Picture Healing.com, its employees, agents or sub-contractors shall
be as an independent contractor and that nothing in this Agreement shall
be deemed to constitute a partnership, joint venture, agency relationship
or otherwise between the Parties (as laid out below in Terms of Service).
5. Governing Law. This agreement shall be governed by
the laws of the State of California.
6. Severability. If any
part of this agreement is adjudged invalid, illegal or unenforceable,
the remaining parts shall not be affected and shall remain in full force
and effect.
7.
Notices
Any notice which may be given by a
Party under this Agreement shall be deemed to have been duly delivered
if delivered by hand, first class post, facsimile transmission or electronic
mail to the address of the other Party as specified in this Agreement
or any other address notified in writing to the other Party. Subject
to any applicable local law provisions to the contrary, any such communication
shall be deemed to have been made to the other Party, if delivered by:
1. First class post, 2 days from the
date of posting;
2. Hand or by facsimile transmission,
on the date of such delivery or transmission; and
3. Electronic mail, when the Party
sending such communication receives confirmation of such delivery by
electronic mail.
8. Binding Agreement/No Other
Beneficiary. This agreement shall be binding upon the Parties,
and upon their heirs, executors, personal representatives, administrators,
and assigns. No person shall have a right or cause of action arising
or resulting from this agreement except those who are Parties to it
and their successors in interest.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PICTURE HEALING,
INC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OR INABILITY TO USE THE PICTURE HEALING.COM WEBSITE OR SERVICES,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT
OR OTHERWISE) AND EVEN IF PICTURE HEALING, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
Picture Healing’s total liability to you for all damages (other than
as may be required by applicable law in cases involving personal injury)
exceed the amount of fifty dollars ($50.00). The foregoing limitations
will apply even if the above stated remedy fails of its essential purpose.
10. Entire Agreement.
This instrument, including any attached exhibits, constitutes the entire
agreement of the Parties. No representations or promises have been made
except those that are set out in this agreement. This agreement may
not be modified except in writing signed by the Parties.
11. Paragraph Headings.
The headings of the paragraphs contained in this agreement are for convenience
only, and are not to be considered a part of this agreement or used
to determining its content of context.
12. Amendments.
The provisions of this Agreement may be waived, altered, amended or
repealed, in whole or in part, only by an instrument in writing which
expressly refers to this Agreement and specifically states that it is
intended to waive, alter, amend or repeal a particular provision.
13. Further Acts.
The Parties agree that they will undertake such further acts as may
be necessary or appropriate to carry out the letter and intent of this
Agreement.
14. Counterparts.
The Parties hereto have caused this Agreement to be executed on the
date set forth opposite the signature of each of the respective parties
below, and each of them expressly agree and understand that this Agreement,
and the terms and provisions hereof, shall not be enforceable nor binding
on any Party until fully executed by all of the Parties.
Terms of Service
1. Your relationship with Picture
Healing
1.1 Your use of Picture Healing’s
products, software, services and web sites (referred to collectively
as the “Services” in this document and excluding any services provided
to you by Picture Healing under a separate written agreement) is subject
to the terms of a legal agreement between you and Picture Healing. “Picture
Healing” means Picture Healing Inc., whose principal place of business
is at 1014 S. Westlake Blvd #215, Westlake Village, CA, 91361, United
States. This document explains how the agreement is made up, and sets
out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing
with Picture Healing, your agreement with Picture Healing will always
include, at a minimum, the terms and conditions set out in this document.
These are referred to below as the “Universal Terms”.
1.3 Your agreement with Picture Healing
will also include the terms of any Legal Notices applicable to the Services,
in addition to the Universal Terms. All of these are referred to below
as the “Additional Terms”. Where Additional Terms apply to a Service,
these will be accessible for you to read either within, or through your
use of, that Service.
1.4 The Universal Terms, together with
the Additional Terms, form a legally binding agreement between you and
Picture Healing in relation to your use of the Services. It is
important that you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between
what the Additional Terms say and what the Universal Terms say, then
the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you
must first agree to the Terms. You may not use the Services if you
do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to
the Terms, where this option is made available to you by Picture Healing
in the user interface for any Service; or
(B) by actually using the Services.
In this case, you understand and agree that Picture Healing will treat
your use of the Services as acceptance of the Terms from that point
onwards.
2.3 You may not use the Services and
may not accept the Terms if (a) you are not of legal age to form a binding
contract with Picture Healing, or (b) you are a person barred from receiving
the Services under the laws of the United States or other countries
including the country in which you are resident or from which you use
the Services.
2.4 Before you continue, you should
print off or save a local copy of the Universal Terms for your records.
3. Use of the Services by you
3.1 In order to access certain Services,
you may be required to provide information about yourself (such as identification
or contact details) as part of the registration process for the Service,
or as part of your continued use of the Services. You agree that any
registration information you give to Picture Healing will always be
accurate, correct, and up to date.
3.2 You agree to use the Services only
for purposes that are permitted by (a) the Terms and (b) any applicable
law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of data
or software to and from the United States or other relevant countries).
3.3 You agree not to access (or attempt
to access) any of the Services by any means other than through the interface
that is provided by Picture Healing, unless you have been specifically
allowed to do so in a separate agreement with Picture Healing. You specifically
agree not to access (or attempt to access) any of the Services through
any automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
3.4 You agree that you will not engage
in any activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services).
3.5 Unless you have been specifically
permitted to do so in a separate agreement with Picture Healing, you
agree that you will not reproduce, duplicate, copy, sell, trade or resell
the Services for any purpose.
3.6 You agree that you are solely responsible
for (and that Picture Healing has no responsibility to you or to any
third party for) any breach of your obligations under the Terms and
for the consequences (including any loss or damage which Picture Healing
may suffer) of any such breach.
4. Your passwords and account security
4.1 You agree and understand that you
are responsible for maintaining the confidentiality of passwords associated
with any account you use to access the Services.
4.2 Accordingly, you agree that you
will be solely responsible to Picture Healing for all activities that
occur under your account.
4.3 If you become aware of any unauthorized
use of your password or of your account, you agree to notify Picture
Healing immediately
5. Privacy and your personal information
5.1 For information about Picture Healing’s
data protection practices, please read Picture Healing’s privacy policy
at: http://www.picturehealing.com/privacy.php. This policy explains how Picture Healing
treats your personal information, and protects your privacy, when you
use the Services.
5.2 You agree to the use of your data
in accordance with Picture Healing’s privacy policies.
6. Content in the Services
6.1 You understand that all information
(such as data files, written text, computer software, music, audio files
or other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services are
the sole responsibility of the person from which such content originated.
All such information is referred to below as the “Content”.
6.2 You should be aware that Content
presented to you as part of the Services, including but not limited
to advertisements in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to Picture Healing
(or by other persons or companies on their behalf). You may not modify,
rent, lease, loan, sell, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically
told that you may do so by Picture Healing or by the owners of that
Content, in a separate agreement.
6.3 Picture Healing reserves the right
(but shall have no obligation) to pre-screen, review, flag, filter,
modify, refuse or remove any or all Content from any Service.
In addition, there are commercially available services and software
to limit access to material that you may find objectionable.
6.4 You understand that by using the
Services you may be exposed to Content that you may find offensive,
indecent, or objectionable and that, in this respect, you use the Services
at your own risk.
6.5 You agree that you are solely responsible
for (and that Picture Healing has no responsibility to you or to any
third party for) any Content that you create, transmit, or display while
using the Services and for the consequences of your actions (including
any loss or damage which Picture Healing may suffer) by doing so.
7. Proprietary rights
7.1 You acknowledge and agree that
Picture Healing (or Picture Healing’s licensors) own all legal right,
title and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may contain
information which is designated confidential by Picture Healing and
that you shall not disclose such information without Picture Healing’s
prior written consent.
7.2 Unless you have agreed otherwise
in writing with Picture Healing, nothing in the Terms gives you a right
to use any of Picture Healing’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features.
7.3 If you have been given an explicit
right to use any of these brand features in a separate written agreement
with Picture Healing, then you agree that your use of such features
shall be in compliance with that agreement, any applicable provisions
of the Terms, and Picture Healing's brand feature use guidelines as
updated from time to time.
7.4 Other than the limited license
set forth in Section 11, Picture Healing acknowledges and agrees that
it obtains no right, title or interest from you (or your licensors)
under these Terms in or to any Content that you submit, post, transmit
or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those rights
may exist). Unless you have agreed otherwise in writing with Picture
Healing, you agree that you are responsible for protecting and enforcing
those rights and that Picture Healing has no obligation to do so on
your behalf.
7.5 You agree that you shall not remove,
obscure, or alter any proprietary rights notices (including copyright
and trade mark notices), which may be affixed to or contained within
the Services.
7.6 Unless you have been expressly
authorized to do so in writing by Picture Healing, you agree that in
using the Services, you will not use any trade mark, service mark, trade
name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such
marks, names, or logos.
8. License from Picture Healing
8.1 Picture Healing gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to
use the software provided to you by Picture Healing as part of the Services
as provided to you by Picture Healing (referred to as the “Software”
below). This license is for the sole purpose of enabling you to
use and enjoy the benefit of the Services as provided by Picture Healing,
in the manner permitted by the Terms.
8.2 You may not (and you may not permit
anyone else to) copy, modify, create a derivative work of, reverse engineer,
decompile, or otherwise attempt to extract the source code of the Software
or any part thereof, unless this is expressly permitted or required
by law, or unless you have been specifically told that you may do so
by Picture Healing, in writing.
8.3 Unless Picture Healing has given
you specific written permission to do so, you may not assign (or grant
a sub-license of) your rights to use the Software, grant a security
interest in or over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
9. Content license from you
9.1 You retain copyright and any other
rights you already hold in Content which you submit, post or display
on or through, the Services. By submitting, posting or displaying the
content you give Picture Healing a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display and distribute
any Content which you submit, post or display on or through, the Services.
This license is for the sole purpose of enabling Picture Healing to
display, distribute and promote the Services and may be revoked for
certain Services as defined in the Additional Terms of those Services.
9.2 You agree that this license includes
a right for Picture Healing to make such Content available to other
companies, organizations or individuals with whom Picture Healing has
relationships for the provision of syndicated services, and to use such
Content in connection with the provision of those services.
9.3 You understand that Picture Healing,
in performing the required technical steps to provide the Services to
our users, may (a) transmit or distribute your Content over various
public networks and in various media; and (b) make such changes to your
Content as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. You
agree that this license shall permit Picture Healing to take these actions.
9.4 You confirm and warrant to Picture
Healing that you have all the rights, power and authority necessary
to grant the above license.
10. Software updates
10.1 The Software which you use may
automatically download and install updates from time to time from Picture
Healing. These updates are designed to improve, enhance and further
develop the Services and may take the form of bug fixes, enhanced functions,
new software modules and completely new versions. You agree to receive
such updates (and permit Picture Healing to deliver these to you) as
part of your use of the Services.
11. Ending your relationship with
Picture Healing
11.1 The Terms will continue to apply
until terminated by either you or Picture Healing as set out below.
11.2 If you want to terminate your
legal agreement with Picture Healing, you may do so by (a) notifying
Picture Healing at any time and (b) closing your accounts for all of
the Services which you use, where Picture Healing has made this option
available to you. Your notice should be sent, in writing, to Picture
Healing’s address, which is set out at the beginning of these Terms.
11.3 Picture Healing may at any time,
terminate its legal agreement with you if:
(A) you have breached any provision
of the Terms (or have acted in manner which clearly shows that you do
not intend to, or are unable to comply with the provisions of the Terms);
or
(B) Picture Healing is required to
do so by law (for example, where the provision of the Services to you
is, or becomes, unlawful); or
(C) the partner with whom Picture Healing
offered the Services to you has terminated its relationship with Picture
Healing or ceased to offer the Services to you; or
(D) Picture Healing is transitioning
to no longer providing the Services to users in the country in which
you are resident or from which you use the service; or
(E) the provision of the Services to
you by Picture Healing is, in Picture Healing’s opinion, no longer
commercially viable.
11.4 Nothing in this Section shall
affect Picture Healing’s rights regarding provision of Services under
Section 4 of the Terms.
11.5 When these Terms come to an end,
all of the legal rights, obligations and liabilities that you and Picture
Healing have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and
the provisions of paragraph 20.7 shall continue to apply to such rights,
obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING
SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PICTURE HEALING’S WARRANTY
OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED
BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY
TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE
THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES
ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, PICTURE HEALING,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET
YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU
AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
AND
(D) THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM PICTURE HEALING OR THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
12.6 PICTURE HEALING FURTHER EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN
PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICTURE
HEALING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT
BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT
OF:
(I) ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT
OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH PICTURE HEALING
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF,
OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED
OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PICTURE
HEALING WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON PICTURE HEALING’S
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
PICTURE HEALING HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright and trade mark policies
14.1 It is Picture Healing’s policy
to respond to notices of alleged copyright infringement that comply
with applicable international intellectual property law (including,
in the United States, the Digital Millennium Copyright Act) and to terminating
the accounts of repeat infringers.
15. Advertisements
15.1 Some of the Services are supported
by advertising revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of information stored
on the Services, queries made through the Services or other information.
15.2 The manner, mode and extent of
advertising by Picture Healing on the Services are subject to change
without specific notice to you.
15.3 In consideration for Picture Healing
granting you access to and use of the Services, you agree that Picture
Healing may place such advertising on the Services.
16. Other content
16.1 The Services may include hyperlinks
to other web sites or content or resources. Picture Healing may have
no control over any web sites or resources which are provided by companies
or persons other than Picture Healing.
16.2 You acknowledge and agree that
Picture Healing is not responsible for the availability of any such
external sites or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that
Picture Healing is not liable for any loss or damage which may be incurred
by you as a result of the availability of those external sites or resources,
or as a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on, or
available from, such web sites or resources.
17. Changes to the Terms
17.1 Picture Healing may make changes
to the Universal Terms or Additional Terms from time to time.
When these changes are made, Picture Healing will make a new copy of
the Universal Terms available at http://www.picturehealing.com/terms.php, and any
new Additional Terms will be made available to you from within, or through,
the affected Services.
17.2 You understand and agree that
if you use the Services after the date on which the Universal Terms
or Additional Terms have changed, Picture Healing will treat your use
as acceptance of the updated Universal Terms or Additional Terms.
18. General legal terms
18.1 Sometimes when you use the Services,
you may (as a result of, or through your use of the Services) use a
service or download a piece of software, or purchase goods, which are
provided by another person or company. Your use of these other services,
software or goods may be subject to separate terms between you and the
company or person concerned. If so, the Terms do not affect your legal
relationship with these other companies or individuals.
18.2 The Terms constitute the whole
legal agreement between you and Picture Healing and govern your use
of the Services (but excluding any services which Picture Healing may
provide to you under a separate written agreement), and completely replace
any prior agreements between you and Picture Healing in relation to
the Services.
18.3 You agree that Picture Healing
may provide you with notices, including those regarding changes to the
Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if Picture Healing
does not exercise or enforce any legal right or remedy which is contained
in the Terms (or which Picture Healing has the benefit of under any
applicable law), this will not be taken to be a formal waiver of Picture
Healing’s rights and that those rights or remedies will still be available
to Picture Healing.
18.5 If any court of law, having the
jurisdiction to decide on this matter, rules that any provision of these
Terms is invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
18.6 You acknowledge and agree that
each member of the group of companies of which Picture Healing is the
parent shall be third party beneficiaries to the Terms and that such
other companies shall be entitled to directly enforce, and rely upon,
any provision of the Terms which confers a benefit on (or rights in
favor of) them. Other than this, no other person or company shall
be third party beneficiaries to the Terms.
18.7 The Terms, and your relationship
with Picture Healing under the Terms, shall be governed by the laws
of the State of California without regard to its conflict of laws provisions.
You and Picture Healing agree to submit to the exclusive jurisdiction
of the courts located within the county of Ventura, California to resolve
any legal matter arising from the Terms. Notwithstanding this, you
agree that Picture Healing shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
November 23, 2010
