By accessing or using the Service, you agree to comply with all applicable laws and regulations, including those related to intellectual property, privacy, and data protection. You also agree not to:
(a) use the Service for any illegal or unauthorized purpose;
(b) interfere with or disrupt the Service or servers or networks connected to the Service;
(c) transmit any viruses, worms, or other malicious code through the Service;
(d) attempt to gain unauthorized access to the Service or other user accounts;
(e) use the Service to harass, abuse, or harm other users or third parties;
(f) use the Service in any way that could damage the Company’s reputation or goodwill;
(g) use the Service for any commercial or promotional purpose without the Company’s prior written consent.
All content on the Service, including templates, text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by United States and international copyright laws. You may not copy, reproduce or distribute any content, including, templates in photoshop PSD file format from the Service without the Company’s prior written consent. The trademarks, service marks, and logos used and displayed on the Service are the Company’s registered or unregistered trademarks. You may not use any of these trademarks without the Company’s prior written consent.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and third-party partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:
(a) your use of the Service;
(b) your violation of this Agreement;
(c) your violation of any rights of any third party, including intellectual property rights; or
(d) any claim that your use of the Service caused damage to a third party.
You agree to indemnify and hold harmless Picture My Story LLC and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, expenses (including attorneys’ fees), damages, and costs, resulting from or arising out of any violation of this Agreement, your use of the Service, or any content or information accessed or transmitted through the Service. Picture My Story LLC shall not be held liable for any damages or issues that may arise from the files being downloaded onto customers’ computers. You agree to assume all responsibility for any damages or issues that may arise from your use of the Service or any content or information accessed or transmitted through the Service.
This indemnification obligation will survive the termination of this Agreement and your use of the Service.
Disclaimer of Warranties
The Service is provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. You use the Service at your own risk.
Limitation of Liability
The Company and its affiliates, officers, directors, employees, agents, and third-party partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Service;
(b) any conduct or content of any third party on the Service;
(c) any content obtained from the Service; or
(d) unauthorized access, use, or alteration of your transmissions or content.
In no event will the Company’s aggregate liability for any claims arising out of or relating to this Agreement exceed the amount you paid to the Company, if any, during the twelve-month period preceding the claim.
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. This Agreement will be governed by and construed in accordance with the laws of the State of [INSERT STATE] without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to this Agreement or the Service will be brought exclusively in a federal or state court located in [INSERT COUNTY, STATE] and you consent to the jurisdiction of such courts. You may not assign this Agreement or any of your rights or obligations hereunder without the Company’s prior written consent, and any attempted assignment without such consent will be null and void. The Company may assign this Agreement or any of its rights or obligations hereunder without your consent.