PicturePlane, Inc. TERMS OF USE These terms of use (“Terms of Use”) constitute a binding agreement between you and PicturePlane, Inc. (“PP”) with respect to your use of the website (the “Site”). Access to and use of the Site is governed by these Terms of Use, as well as by applicable laws, statutes, ordinances, and regulations. By accessing the Site, you agree to abide by these Terms of Use and acknowledge that any other agreements between you and us relating to these Terms of Use are superseded and of no force or effect. We reserve the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. Your use of the Site following any modification in these Terms of Use will signify your assent to and acceptance of the modified Terms of Use. PRIVACY POLICY A complete statement of PP’s current privacy policy can be found by clicking on our COPYRIGHT page. PP's privacy policy is expressly incorporated into these Terms of Use by this reference. UNSOLICITED MATERIALS It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those that we have specifically requested, and only then, subject to any specific terms, conditions, and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those that we have developed or are developing independently. Please do not submit any materials to PP unless we have specifically requested such materials from you. INTELLECTUAL PROPERTY The Site is protected by U.S. copyright laws, and may be protected by the copyright laws of other countries and jurisdictions. Any copy, reproduction, display, performance, or retransmission of the contents of the Site or any material thereon is strictly prohibited without PP’s prior written consent. Any use of any trademarks, trade names, and logos in which we, and, if applicable, our parent, subsidiaries, affiliates and divisions, do business is strictly prohibited. In addition, the names, trade names, and trademarks of third parties, including our clients, that appear on the Site are proprietary to their respective owners and may be used only with their express written permission. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted through you. You acknowledge and understand that the burden of proving that any Content does not violate any laws or third party rights rests solely with you. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT PP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. PP has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of PP or of a third party, or otherwise violated any intellectual property laws or regulations. PP's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, or know or have a good faith belief, that your rights or the rights of a third party have been violated and you want PP to delete, edit, or disable the material in question on the Site, you must provide PP with all of the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a comprehensive list of such works; (c) identification of the material that is claimed to infringe that is sought to be removed or access to which is to be disabled, and information reasonably sufficient to permit PP to locate the material; (d) information reasonably sufficient to permit PP to contact you, such as an address, telephone number, and an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its authorized agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PP's designated agent at: By Mail: Copyright Agent c/o PicturePlane Inc., 2256 Barry Avenue, Los Angeles, CA 90064 By Fax: 310.393.0023 By E-mail: Contact Us USE OF THE SITE In using the Site, you agree: not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; and not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities on the Site. You may create a hyperlink to the Site provided such link and the content associated with the link do not portray PP or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use the PP logo or other proprietary graphic or trademark of PP to link to the Site without the express written permission of PP. Any permission granted hereby may be revoked at any time. AFFILIATED SITES PP works with a number of third parties whose websites may be linked with the Site. Because PP has no control over the content and performance of these third party websites, PP makes no guarantees about the accuracy, integrity, content, or quality of the information or services provided by such websites, and PP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Under no circumstances will PP be liable in any way for any information or services provided by any third party websites linked with the Site. PP is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by PP of the website or any information contained thereon. When leaving the Site, you should be aware that PP's Terms of Use no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of any such linked websites. INAPPROPRIATE CONTENT You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. PP reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. PP intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. DISCLAIMER OF WARRANTIES PP HEREBY DISCLAIMS ALL WARRANTIES. PP IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PP DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO SUCH CONTENT, DATA, OR SOFTWARE. LIMITATION ON LIABILITY YOU HEREBY ACKNOWLEDGE AND AGREE THAT PP'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. This limitation of liability shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. INDEMNITY You agree to indemnify, defend, and hold harmless PP, its affiliates, and their respective officers, directors, shareholders, managers, members, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement (or infringement by any other user through you) of any intellectual property or other right of any person or entity. GOVERNING LAW These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site. SEVERABILITY; WAIVER If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. ENTIRE AGREEMENT These Terms of Use constitute the entire agreement between you and PP and governs your use of the Site, superseding any prior agreements between you and PP relating to the Site. ACKNOWLEDGEMENT BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. CONTACT If you have any questions about these Terms of Use, or any other matters, you can contact us by e-mail at: