February 22, 2019

PIE Sign Up Terms

Newsletter Consent

I hereby give permission to ProImageEditors to process the following data:

  • Email address
  • IP address

I agree that ProImageEditors is allowed to send me their newsletter and furthermore, that I will be sent a confirmation email as part of a double opt-in procedure.

I am aware that monitoring of the sent, received or used newsletter is conducted and that the resulting statistical data will be analyzed.

The purpose of this process is to send me this newsletter. Moreover, the processing is conducted to monitor user behavior of newsletter subscribers and to evaluate the coverage as well as the success of the newsletter.

I have the right to object to this consent anytime without providing any reasons (e.g. via email send to contact@proimageeditors.eu or through clicking on the unsubscribe link in the newsletter), without affecting the legitimacy of the process from the time of my consent to the time of my objection.

The data will be processed bound by our instructions by our email service provider ActiveCampaign LLC, 222 South Riverside Plaza, Chicago IL, Suite 810 60606, USA. Furthermore, the data will be processed bound by our instructions by our service provider Stellar Attraction GmbH & Co. KG, Gottfried-Hagen- Str. 30, D-51105 Cologne.


Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

ProImageExperts LLC (ProImageEditors), Hezikiah de Souza , 30405 Solon Road Suite 9, Solon, OH, 44139, United States

Telephone: +1 440 319 3979
Email: contact@proimageexperts.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.

3. Data protection officer

Statutory data protection officer

We have appointed a data protection officer for our company.

Purva Kini, ProImageExperts LLC, 30405 Solon Road Suite 9, Solon, OH, 44139, United States

Telephone: +1 440-319-3979
Email: privacy@proimageeditors.de

4. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.

To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.

We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.

Leaving comments on this website

If you use the comment function on this site, the time at which you created the comment and your email address will be stored along with your comment, as well as your username, unless you are posting anonymously.

Storage of the IP address

Our comment function stores the IP addresses of those users who post comments. Since we do not check comments on our site before they go live, we need this information to be able to pursue action for illegal or slanderous content.

Subscribing to the comment feed

As a user of this site, you can sign up to receive the comment feed after registering. Your email address will be checked with a confirmation email. You can unsubscribe from this function at any time by clicking the link in the emails. The data provided when you subscribed to the comments feed will then be deleted, but if you have submitted this data to us for other purposes or elsewhere (such as subscribing to a newsletter), it will be retained.

How long comments are stored

The comments and the associated data (e.g. IP address) are stored and remain on our website until the content commented upon has been completely deleted or the comments are required to be removed for legal reasons (slander, etc.).

Legal basis

The comments are stored based on your consent per Art. 6 (1) (a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.

Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Data transferred when signing up for services and digital content

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract with us, for example, to banks entrusted to process your payments.

Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

5. Analytics and advertising

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.

Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.

For more information about how Google Analytics handles user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Outsourced data processing

We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic data collection by Google Analytics

This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.

WordPress Stats

This website uses the WordPress Stats tool to perform statistical analyses of visitor traffic. This service is provided by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110-4929, USA.

WordPress Stats uses cookies that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookies about the use of our website is stored on servers in the USA. Your IP address will be anonymized after processing and before storage.

WordPress Stats cookies remain on your device until you delete them.

The storage of “WordPress Stats” cookies is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. The functionality of our services may be limited when cookies are disabled.

You can object to the collection and use of your data at any time with future effect by clicking on this link and setting an opt-out cookie in your browser: https://www.quantcast.com/opt-out/.

If you delete the cookies on your computer, you will have to set the opt-out cookie again.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

Facebook Pixel

Our website measures conversions using visitor action pixels from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).

These allow the behavior of site visitors to be tracked after they click on a Facebook ad to reach the provider’s website. This allows an analysis of the effectiveness of Facebook advertisements for statistical and market research purposes and their future optimization.

The data collected is anonymous to us as operators of this website and we cannot use it to draw any conclusions about our users’ identities. However, the data are stored and processed by Facebook, which may make a connection to your Facebook profile and which may use the data for its own advertising purposes, as stipulated in the Facebook privacy policy. This will allow Facebook to display ads both on Facebook and on third-party sites. We have no control over how this data is used.

Check out Facebook’s privacy policy to learn more about protecting your privacy: https://www.facebook.com/about/privacy/.

You can also deactivate the custom audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You will first need to log into Facebook.

If you do not have a Facebook account, you can opt out of usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

6. Newsletter

Newsletter data

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

7. Plugins and tools

YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Vimeo

Our website uses features provided by the Vimeo video portal. This service is provided by Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

If you visit one of our pages featuring a Vimeo plugin, a connection to the Vimeo servers is established. Here the Vimeo server is informed about which of our pages you have visited. In addition, Vimeo will receive your IP address. This also applies if you are not logged in to Vimeo when you visit our website or do not have a Vimeo account. The information is transmitted to a Vimeo server in the US, where it is stored.

If you are logged in to your Vimeo account, Vimeo allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.

For more information on how to handle user data, please refer to the Vimeo Privacy Policy at https://vimeo.com/privacy.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

8. Payment service providers

PayPal

Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.

If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.

Braintree

Our website accepts payments via Braintree. Braintree is owned by Paypal (see above).

If you select payment via Braintree, the payment data you provide will be supplied to Braintree based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.

Updated: May 24th, 2018


Terms of Service

1. You and ProImageEditors; hereafter stated as Contractor

1.1. Your Agreement with Contractor

1.1.1

Your use of the Contractors Products and Services (as defined in section 2 Contractors Products and Services) is governed by a legal agreement between you and the Contractor. This document describes that agreement and defines some of its terms.

1.1.2

The agreement between you and Contractor contains terms that are set forth herein and are always included. These are referred to as “Basic Terms”.

1.1.3In addition, there may be other terms that are based on your specific relationship with Contractor and are defined within that specific relationship. These are referred to as “Specific Use Terms”.

1.1.4

Taken together, the “Basic Terms” and “Specific Use Terms” are referred to as the “Terms of Use” or “Terms”.

1.1.5

In case of a conflict between “Basic Terms” and “Specific Use Terms”, the “Specific Use Terms” will apply

1.2. Acceptance of Terms of Use

1.2.1

In order to use the Contractors Products and Services, you must accept these Terms of Use. If you are unwilling to do so, you must exit this site now. Failure to do so will constitute acceptance of these Terms.

1.2.2

Use of the Contractors Products and Services including, but not limited to, accessing the Contractors website, constitutes acceptance of this agreement.

1.3. Language of the Terms of Use

1.3.1.

The language of this agreement is English.

1.3.2.

Any requests, inquiries, communications or complaints filed in connection with this document must be done in English.

1.3.3.

It is your responsibility to provide any and all translations needed in connection with your understanding of this document. The Contractor bears no responsibility for the accuracy of any such translation.

2. The Contractors Products and Services

2.1.1.

The Contractor owns and operates its web site in order to provide products and services to its customers to support their business with their customers. The Contractor’s customers are primarily studios and photographers that shoot events. These products and services are herein referred to as Products and Services.

2.1.2.

The Contractor will, at its sole discretion, decide which Products and Services will be offered, how they will be delivered and what their specific features will be.

2.1.3.

The Contractors products and services, including any software delivered or used in conjunction therewith, may change from time to time without notice. This includes:

2.1.3.1.

The removal or modification of previously offered products and services, and/or their features

2.1.3.2.

The addition of new features to previously offered products and services

2.1.3.3.

The addition of new products and services

2.1.4.

Certain Products and Services are quantity based that currently require minimums and/or set maximums for those quantities. These include, but are not limited to, minimum number of images for image selection services, minimum number of images for proof print orders, and minimum products and service orders required to receive certain defined discounts. The Contractor reserves the right to change these minimums and/or maximums at any time.

2.1.5.

Products and Services may not be reproduced in any form without express written consent from the Contractor and/or the product and/or service owner.

2.1.6.

You agree to pay for the Contractors Products and Services. Payment will include a reasonable charge for preparing the packing for shipping and for shipping. The Contractor will collect and remit sales tax, as appropriate.

2.1.7.

Products and Services will become your risk when the Contractor passes them to the shipping carrier. The Contractor will, where possible, provide you with a tracking number for your shipment.

3. Your Use of the Contractors Products and Services

3.1. Your Information

3.1.1.

You have an unlimited, non-exclusive, non-assignable, non-transferable right to use the Contractors Products and Services in accordance with specific product or service specification(s) and these Terms, including protection of the Contractor and other ownership rights. You agree that your use of the web site is legal and allowed by these Terms.

3.1.2.

In conjunction with your use of the Contractors Products and Services, you will provide the Contractor with certain information. You understand that the Contractor requests this information to facilitate your order and that the accuracy of the information that you provide is important. You attest to the accuracy of the information that you provide to us.

3.2. Your Access to the Contractors Products and Services

3.2.1.

You may not copy, modify, de-code or reverse engineer our Products and Services, including our web site.

3.3. Proprietary Information

3.3.1.

You recognize that some of the information you access is proprietary to the Contractor and that you will treat it as such, including maintaining confidentiality where so indicated.

3.3.2.

Nothing in your use of the Contractors Products and Services transfers or otherwise modifies the ownership of or rights to any content that you post, access and/or allow others to post and/or access on the Contractors web site.

3.4. Studio Conduct

3.4.1.

The Contractor reserves the right to refuse orders and to terminate accounts of customers involved in any of the following activities:

3.4.1.1.

Ordering products or services for images which you do not have the legal rights to.

3.4.1.2.

Providing false or misleading information or providing information you do not have the right to disclose.

3.4.1.3.

Transmitting any images or materials which are unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, or otherwise objectionable.

3.4.1.4.

Transmitting materials containing software viruses or malicious programs designed to interrupt, destroy or limit the functionality of any computer system.

3.4.1.5.

Attacking or interfering with (or attempting to do so) the Contractors website, servers, networks or equipment connected to this site. Including disobeying required procedures and policies of networks connected to the Contractors website.

4. Other Basic Terms

4.1. Termination

4.1.1

You may terminate your relationship with the Contractor at any time by notifying the Contractor in writing of your desire to do so. Such notification should be sent to the address set forth at the beginning of this agreement.

4.1.2.

The Contractor may terminate this agreement at any time if:

4.1.2.1.

You have breached its terms, or have indicated that you no longer intend to comply with them

4.1.2.2.

The Contractor is, for whatever reason, unable to deliver its products and services to you

4.1.2.3.

The Contractor determines that delivering its products and services to you is no longer in its best interest

4.2. Exclusion of warranty

4.2.1.

Nothing in these terms shall exclude or limit the contractors warranty or liability for losses that applicable law does not allow to be excluded or limited. 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 that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

4.2.2.

You expressly understand and agree that your use of the contractors products and services, including the web site, is at your sole risk and that the contractors products and services are provided “as is” and “as available.”

4.2.3.

The contractor does not represent or warrant to you that:

4.2.3.1.Your use of the products and services will be uninterrupted, efficient, secure or free from error,

4.2.3.2.

The contractors products and services will meet your requirements,

4.2.3.3.

That defects in any software provided as part of the products and services will be corrected, and

4.2.3.4.

Any information obtained by you as a result of your use of the products and services will be accurate or reliable.

4.2.4.

Any items, including content, downloaded or otherwise obtained through the use of the Contractors products and services is done at your own risk. You will be solely responsible for any damage to your computer system or other device or any loss of data that results from the download of any such items.

4.2.5.

No warranty that is not expressly stated in these terms shall result from any advice or information, whether oral or written, obtained by you from Contractor or from the contractor’s products and services. The contractor further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

4.3. Limitation of liability

4.3.1.

Subject to overall provision in paragraph 4.3.1 above, you understand and agree that the Contractor shall not be liable to you for:

4.3.1.1.

Any damages that may be incurred by you, however caused. This shall include, but not be limited to, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other tangible or intangible loss;

4.3.1.2.

Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

4.3.1.2.1.

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 Contractors web site;

4.3.1.2.2.

Any changes which the Contractor may make to its products and services, or for any cessation in the provision of products and services (or any features within the products and services);

4.3.1.2.3.

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 Contractors products and services;

4.3.1.2.4.

Your failure, intentional or otherwise, to provide the Contractor with accurate account information;

4.3.1.2.5.

Your failure, intentional or otherwise, to keep your password or account details secure and confidential;

4.3.2.

The limitations on the Contractors liability to you in paragraph 4.3.1 above shall apply whether or not Contractor has been advised of or should have been aware of the possibility of any such losses arising.

4.4. Copyright, Other Infringements & Other Notifications

4.4.1.

The Contractor will respond to reports of copyright and other infringements. Please send an email to the email address on their website.

4.4.2.

The Contractor will also review for appropriateness any content for which such a request is submitted. The Contractor reserves the right to allow, not allow or modify the display of any content for any reason. Requests for content review should be sent to the email address listed on their website.

4.5. Information on Linked Sites

4.5.1.

The Contractor provides you with information on its various business partners and others that may offer products and services that are of interest to you. This information may include links to other web sites.

4.5.2.

You understand that the Contractor has no control over the information offered by its partners, whether directly through the Contractors web site or through links provided on the Contractors web site.

4.5.3.

You agree that the Contractor has no responsibility for your use of any products or services for which information was obtained either directly from or via a link provided on the Contractors web site.

4.6. Other Terms

4.6.1.

You understand that any products or services you use that are provided by a third party are subject to an agreement between you and that third party. The terms of this agreement are not affected by, nor do not affect, your agreement for the use of third party products or services.

4.6.2.

Excluding any products or services that the Contractor may provide to you under a separate agreement, you understand that these Terms of Use constitute the entire agreement between you and the Contractor.

4.6.3.

If any of the provisions of this agreement are determined to be invalid by any court of law, then that provision will be removed from the agreement and the rest of the agreement will remain in force.

4.6.4.

The laws of the State of Ohio shall govern this agreement and your relationship with the Contractor. To resolve any legal matter arising out of this agreement, you agree and the Contractor agree to submit to the exclusive jurisdiction of the courts in Cuyahoga County, Ohio.

5. We’re Not Happy Until You Are Happy

5.1. Quality Products and Services Guaranteed

5.1.1.

The Contractor understands that the quality of our Products and Services is important to you. The Contractor guarantees that the quality of our Products and Services will be comparable to the quality of products and services available from commercial enterprises that provide the same products and services as the Contractor.

5.1.2.

The Contractor will make reasonable effort to ensure that you are satisfied with the quality of the Contractors Products and Services that you use.

5.1.3.

In order to ensure your satisfaction with the quality of our Products and Services, the Contractor will, at its sole discretion and to the best of its ability, provide again the Contractors product or service with which you are not satisfied, or provide you with a refund of all or part of the amount you paid for that product or service.

5.1.4.

To report problems with the quality of our Products and Services, please send an email to email address listed on their website or a written notice to the Contractor at the address set forth at the beginning of this agreement. You may also call the Contractor at using the number on their website. Please include your name and the order number.

5.2. Products Damaged by Shipping and Handling

5.2.1.

You understand that the delivery of the Contractors Products and Services requires a process of packaging by the Contractor and shipment to you via a third-party carrier. This process is referred to as “shipping and handling”.

5.2.2.

The Contractor makes a reasonable effort to ensure that our Products and Services are delivered to you undamaged. The Contractor also understands that, despite its best efforts, the shipment and handling process can deliver our Products and Services damaged, in whole or in part.

5.2.3.

The Contractor will replace our Products and Services that are damaged during shipping and handling, at no charge to you, in accordance with the following procedures:

5.2.3.1.

Where possible, refuse to accept delivery of items that are obviously damaged. Ask the shipper to return the item to the Contractor.

5.2.3.2.

Contact our customer service upon receipt of the damaged delivery. To contact the Contractors Customer Service and report problems with our Products and Services damaged during shipping and handling, please send an email to email address listed on their website or a written notice to the Contractor at the address set forth at the beginning of this agreement. You may also call the Contractor using the number on their website. Please include your name and the order number. This will make it easier for the Contractor to resend your items.

6. Billings and Payments

6.1. The Contractors Billings and Payments Are Done Electronically

6.1.1.

The Contractor wants to make the billing and payment process as straightforward as possible for all parties. To that end, the Contractor has developed and implemented billing and payment processes that leverage existing secure electronic payment systems.

6.2. Billings to You from the Contractor

6.2.1. Any time you owe the Contractor for products and services that you purchase, you will be asked to present a valid credit or debit card for payment through our PayPal account. Orders for our products and services will not be processed without a valid credit or debit card.

6.2.2.

The Contractor allows you make payments through PayPal either through an established account or signing in as a guest. The Contractors goal is ensure all transactions are processed in a secure fashion. Nonetheless, validity of the card is verified each time you purchase our products and/or services.

6.3. Refunds and Other Payments from the Contractor

6.3.1.

The Contractor makes every effort to process refunds using the same payment system that was used for the original transaction. In most cases, this will be the credit or charge card that was used for the transaction.

6.3.2.

The Contractor reserves the right to use alternative payment systems to process refunds and other payments when the Contractor, at its sole discretion, determines such alternate method to be more appropriate.

Updated: 3rd Feb 2017