PRIVACY POLICY & TERMS OF USE
PM&G - PRIVACY POLICY
Last Modified: March 16, 2017
1. Introduction
PM&G is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to your use of the PM&G services including the PM&G website and any related services (collectively “Platform”). This Privacy Policy should be read in conjunction with the Terms of Service and is wholly integrated into the Terms of Service as one agreement. Where no definitions are given, any proper nouns will have the same definitions and meanings as defined by the Terms of Service. Please review this Privacy Policy periodically as we may revise it from time to time without notice. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Platform.
2. Information Collected
At PM&G, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
Personally Identifiable Information Collected
You will not be required to provide us any information when you visit our Platform. However, in order to fully use our Platform, we may collect PII such as your name, email, address, telephone number, date of birth, and payment information. If we accept payments online all payment information is stored by our third party payment processors.
Non-Identifying Information
Whenever you use our website, we may collect non-identifying information from you, such as your IP address, location, age, zip code, gender, browsing history, search history, and registration history, interactions with the website, location, referring URL, browser, operating system, data usage, data transferred, and Internet Service Provider. As we value your privacy, only anonymized interactions will be collected through the Platform. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.
3. Use of Your Information
Some of your information will be visible to other users of the Platform to facilitate communication between users. We will never sell your information without your permission; however you agree that we may use your information in the following ways:
· To provide services to you and to operate the PM&G Platform.
· To enhance or improve our users’ experiences.
· To contact you via email, text, or electronic communications regarding or related to your user of the PM&G Platform.
· To share with other users of the Platform.
· To process your transactions.
· To share your information with third party partners or third parties hired by us to perform functions and provide services to us on the condition that the third parties use your information only on our behalf and pursuant to our instructions.
Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of international laws, US laws or if a violation of the Terms of Service or Privacy Policy has occurred.
4. Accessing, Editing, and Removing Your Information
You will be able to access any PII contained in your account through our Platform. You may edit that PII by removing or changing the content listed in your account. If you have any questions or wish to review, change, or access any other PII or Non-PII collected by us, please contact us at info@print-match.com. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your PII or Non-PII, please contact us at info@print-match.com. After you have cancelled your account please be aware that we may keep inaccessible copies of your information subject to our data retention policies.
5. Cookies
When accessing the Platform via a web browser cookies may be loaded onto your web browser. Cookies are small pieces of code that help us understand how you visited our Platform and your browsing preferences. If you wish to reject any of our cookies please update your web browser settings. Please be aware that disabling cookies through your web browser may affect your user experience.
6. Third Party Access to Your Information
Although you are entering into an Agreement with PM&G to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform.
Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
7. Law Enforcement and Third Parties
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated international laws, US laws, the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of economic or bodily harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any laws of the US or any other country having jurisdiction over us, our Platform, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies, third parties, or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.
8. Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via the Platform, text message, or emails. However, you may unsubscribe from certain communications by notifying PM&G that you no longer wish to receive these communications, we will endeavour to promptly remove you from our Platform once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at info@print-match.com.
9. Third Parties
PM&G or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. PM&G bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy Policy to understand how their information collection practices work.
10. Security Measures
We make reasonable attempts to protect your information by using physical and electronic safeguards including SSL certificates. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
11. Your California Privacy Rights
PM&G permits residents of the State of California to use its Platform, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at info@print-match.com with any questions.
12. Age Compliance
We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.
13. International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII and Non-PII that is submitted to PM&G will be collected, processed, stored, disclosed and disposed of in accordance with applicable US law and this policy. If you are a non-US member, you acknowledge and agree that PM&G may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. US laws may not provide the degree of protection for information that is available in other countries.
14. Merger and Acquisition
In the event that PM&G is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
15. Amendments
Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Platform. If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at info@print-match.com.
PM&G - TERMS OF USE
Last Modified: April 3, 2017
1. Your Acceptance
Welcome to the Terms of Use for the PM&G website and any related services (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Photo-Matching & Grading, Inc. (“PM&G"), the owner and operator of the Platform including any services provided and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “PM&G,” “us,” “we,” and “our,” refer to our company, Photo-Matching & Grading, Inc., as are appropriate in the context of the use of the words.
By clicking “I agree”, signing the Submission Form (defined below), or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. If you do not agree to the Terms of Service or the Privacy Policy please stop using our Platform immediately. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
2. Submission of Information
Portions of the Platform or services offered via the Platform may require you to submit information. If you wish to use our services you will be required to use our submission form (“Submission Form”). You must fully complete the Submission Form by providing us with your current, complete, truthful, and accurate information as prompted by the applicable forms. You agree that no information submitted will be false, fraudulent, deceptive, or misleading. All users of the Platform must be 18 years of age or older.
3. Privacy
Your user information, access, and interactions with the Platform shall be collected in accordance with our Privacy Policy. Please visit the PM&G Privacy Policy for more information regarding our information collection practices. The Privacy Policy is integrated into this Agreement.
4. User Content
Your ability to submit or transmit any information through the Platform, including but not limited to the Submission Form, text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content submitted by you to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. PM&G does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When you submit any User Content to us, you grant PM&G, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform and to share your User Content. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
5. Prices and Payment
All prices listed on our Platform are quoted and payable in US dollars for any services provided. Although we strive to provide accurate pricing information, errors may occur. We reserve the right to correct any errors in pricing. Additionally, we reserve the right to increase prices at our discretion, where price increases do occur we shall notify you. We cannot confirm the price of our services until an Order Confirmation (defined below) is received.
We value your security and privacy with all online transactions. While we implement security measures on this Platform, you should be aware that 100% payment security is not always possible. Your credit card information will be shared with our third party payment processor. By paying anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Platform.
6. Order Confirmation
The Platform may allow you to purchase services offered by us; however, all services offeredare subject to availability. In order to purchase any services you will be required to submit a Submission Form along with payment. An order contract is not created until we accept and acknowledge your Submission Form and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse to honor a request or send an Order Confirmation to you and to cancel any Order Confirmations for any reasons at any time.
7. Refunds
We hope that you are satisfied with all the services provided; however we cannot provide any refunds at this time.
8. Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
9. Shipping
Shipping Items To Us
You are solely responsible for packing and shipping any items with your Submission Form. You are solely responsible for properly selecting the insurance value and shipping method for any items mailed to us. We cannot be responsible for any items lost during the shipping process. Any items shipped to us are also subject to the Submission Form Terms and Conditions.
Shipping Items Back To You
The items will be return shipped to you based on your selections on the Submission Form. Generally, we attempt to ship your items back to you within fourteen (14) business days. However, turnaround times may fluctuate and as we do not transport any items we cannot guarantee shipping times. All items shipped are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier. We recommend you check all shipments immediately once you have received them. Any return shipments are subject to the Submission Form Terms and Conditions. If you have any issues with your shipment, please contact us within 72 hours or receipt at info@photo-match.com.
10. Chargebacks
We attempt to protect ourselves from chargebacks by employing different fraud detection methods. In the event of a chargeback we will notify you immediately. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. In the event that we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
11. Usage Information
Through the Platform we may collect your usage data. This usage date will be used by PM&G to determine how you use our Platform and how we can improve or modify our Platform. The information collected may be used and disseminated per our Privacy Policy.
12. Documentation
PM&G may issue letters of opinion, photo matching or grading reports (collectively “Documentation”) with any of the items shipped back to you. You agree that the Documentation is non-transferable and may not be copied, reproduced, or otherwise disseminated without the written consent of PM&G. PM&G disclaims any liability whatsoever for losses or damages incurred by any person as a result of the reproduction and/or use of any Documentation by third parties not connected with PM&G.
13. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
14. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the PM&G Platform made using your account. You agree to abide by the following rules of conduct:
· You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
· You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
· You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
· You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
· You agree not to use the Platform to stalk, harass, bully or harm another individual;
· You agree that you will not hold PM&G responsible for your use of the Platform;
· You agree not to violate any requirements, procedures, policies or regulations of networks connected to PM&G;
· You agree not to interfere with or disrupt the Platform;
· You agree to not violate any US federal or state laws while using the Platform; and
· You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but PM&G reserves the right to suspend or terminate any account at any time without notice or explanation.
15. Platform Disclaimer
Please be aware that our Platform and any information found within it are offered “as-is.” The Platform and any services offered are not fail-safe and are not designed or intended for use in situations requiring fail-safe, error-free, or interruption-free performance which could lead to severe injury to business, people, property, or the environment (“Essential Activities”). These Essential Activities may include, without limitation, vital business operations, personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from the Essential Activities and you expressly release us from any liability related to such Essential Activities. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from PM&G with respect to such actions or omissions.
16. Idea Submission
PM&G or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to PM&G. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PM&G’ products might seem similar to ideas you submitted to PM&G. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of PM&G, without any compensation to you; (2) PM&G may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for PM&G to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
17. Intellectual Property
The name“Photo-Matching & Grading, Inc.,” the design of the PM&G Platform along with PM&G created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to PM&G. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. PM&G reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
18. Representations and Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PM&G, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM OR ANY CONTENT; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM OR SERVICES OFFERED BY THE PLATFORM; (C) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT PM&G; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PM&G OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
PM&G DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. PM&G DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. PM&G DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PM&G SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
19. Limitation of Liability
IN NO EVENT SHALL PM&G, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM OR OUR RELATED SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR ANY RELATED SERVICES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (VII) A THIRD PARTY’S USE OF YOUR CONTENT OR ANY INTERACTIONS WITH THIRD PARTIES FOUND THROUGH THE SITE, OR (VIII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID FOR OUR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by PM&G’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, PM&G shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
20. Indemnity
You agree to defend, indemnify and hold harmless PM&G, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
· your use of and access to the PM&G Platform;
· your violation of any term of this Agreement; and
· any claim that your use of the Platform or the services offered by the Platform harmed a third party.
This defense and indemnification obligation will survive this Agreement and your use of the PM&G Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
21. Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message that contains:
· Your name.
· The name of the party whose copyright has been infringed, if different from your name.
· The name and description of the work that is being infringed
· The location on our Platform of the infringing copy.
· A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
· A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of PM&G, info@photo-match.com
Counter Notice
In the event that you receive a notification from PM&G stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
· Your name, address, email and physical or electronic signature.
· The notification reference number (if applicable).
· Identification of the material and its location before it was removed.
· A statement under penalty of perjury that the material was removed by mistake or misidentification.
· Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
· Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: info@photo-match.com
22. Age Compliance
PM&G and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
23. Choice of Law
This Agreement shall be governed by the laws in force in the state of Arizona without regard to principles of conflicts of law. The offer and acceptance of this contract is deemed to have occurred in Arizona.
24. Arbitration
By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, PM&G or the Platform arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Phoenix, AZ, or at such other location as may be mutually agreed upon by you and PM&G (the foregoing time limitation is not applicable to residents of New Jersey) ; (3) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or PM&G’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, PM&G shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither user nor PM&G shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Maricopa County, AZ.
25. Class Action
You and PM&G agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of New Jersey.
26. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
27. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with PM&G are deemed to conflict with each other’s operation, you agree that PM&G shall have the sole right to elect which provision remains in force.
28. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
29. Survival
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, dispute, arbitration, class action waivers, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
30. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
31. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
32. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about PM&G must be sent to our agent for notice to: info@photo-match.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
33. Entire Agreement
This Agreement along with the Submission Form and the Privacy Policy provided by PM&G constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. The Submission Form and the Privacy Policy are wholly integrated into this Agreement as one in the same. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Where any provision of this Agreement or the other documents conflicts with another provision, PM&G shall have the sole discretion in choosing which provision controls.
34. Termination
We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any additional agreements between you and PM&G; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may legally harm PM&G or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Where termination of this Agreement has occurred any portions of this Agreement that would be reasonably deemed to survive termination shall survive and remain in full effect.
35. Electronic Communications
The communications between you and PM&G use electronic means, whether you visit the Platform or send PM&G e-mails, or whether PM&G posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from PM&G in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that PM&G provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.