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eProImage Terms of
Service |
a service from Bullock Professional
No one's better at running your business or organization - than you.
No one's better at maintaining your web presence - than us.
GENERAL
TERMS OF SERVICE
1. SERVICES. Thank you for selecting the services offered to you by
eProImage and/or its company ("Bullock Professional", "we", "our", or
"us") on this website. These General Terms of Service together with
eProImage Privacy Statement provided to you on the website or
documentation for the eProImage services you have selected and the
Additional Terms and Conditions for the Services (collectively, the
"Agreement") govern your use of this website and the eProImage online
services to which you are granted access under this Agreement, including
but not limited to programs, components, internet-based services,
content, technology, tools, updates, help content, and new releases
(collectively, the "Services"). This Agreement constitutes a legal
agreement between you ("you" or "your") and eProImage | Bullock
Professional. By clicking "I AGREE", and/or accessing or using the
Services, you indicate that you understand and agree to the terms of
this Agreement. If you do not agree to the terms of this Agreement, you
are not granted any rights in the Services, and you will not be able to
access or use the Services. Your access to or use of any Services may
also be subject to your acceptance of separate agreements with eProImage
and/or third parties. This Agreement incorporates by reference
applicable program, subscription, activation, ordering and pricing terms
provided to you online or offline for the Services selected by you and
for other eProImage services made available to you through these
Services, which may be subject to change from time to time. These terms
will also govern your continued purchase and use of the Services,
including such additional eProImage internet based services made
available to you through the Services you have selected.
2. LICENSE GRANT AND RESTRICTIONS. Subject to the terms of this
Agreement and any applicable payments, eProImage grants you a personal,
limited, nonexclusive, nontransferable license, during the initial term
of the subscription and any applicable renewal term or other period of
use provided in the activation and ordering terms, to access and use the
Services, solely for the purpose described in the eProImage description
for the Services, and, if applicable, solely by such number of
authorized users for which the applicable fee has been paid by you.
2.1 Except as expressly permitted herein or by applicable law, you must
not, nor allow a third party to, do any of the following: (i) license,
sublicense, copy, assign, lease, loan, sell, resell, republish, upload,
post, transfer, distribute or commercially exploit to any third party
the Services; (ii) modify or create derivative works based on the
Services or its content, in whole or in part; (iii) access or attempt to
access any other eProImage systems, programs, features or data that are
not made available in the Services or for public use; (iv) decompile,
disassemble, or reverse engineer the Services; (v) interfere with the
proper working of the Services, prevent access to or the use of the
Services by other licensees or customers, or impose an unreasonable or
disproportionately large load on eProImage’s infrastructure; or (vi) use
the Services except as expressly allowed under this Agreement. By using
the Services, you warrant to eProImage that you will not use the
Services, including content, for any purpose that is unlawful or
prohibited by this Agreement. If you violate any of these terms, your
permission to use the Services automatically terminates. All license
transfers are subject to written approval by eProImage and may be
subject to a transfer fee determined by eProImage in its sole
discretion. If your company is, or substantially all of its assets are,
acquired by or merged into another company or sole proprietorship,
please contact eProImage at
customerservice@eproimage.com regarding the transfer of your
license to a new company.
3. RESERVATION OF RIGHTS AND OWNERSHIP. The Services are licensed not
sold, and eProImage reserves all rights not expressly granted to you in
this Agreement. The Services are protected by copyright, trade secret
and other intellectual property laws. eProImage and its licensors, where
applicable, own all right, title and interest in and to the Services
(and all intellectual property rights therein), including but not
limited to its technology, content, derivatives, and modifications of
the Services by whomever made. eProImage does not grant any license or
other authorization to any user of its branding, trademarks, service
marks, or other copyrightable material or other intellectual property.
4. FEES. If the Services are purchased by you on a payment or
subscription basis, as selected by you, the following terms will apply
to you. Payments are paid in U.S. dollars and credit cards will be
charged in U.S. dollars unless otherwise indicated in program ordering
and pricing terms provided to you on the website and/or in the program
terms for the Services you have selected. The Services will be deemed
accepted by you upon acceptance of this Agreement for trial versions (if
applicable) of the Services and upon acceptance of this Agreement and
payment of the applicable fees and/or subscription fees for paid for
versions of the Services. Access to the Services will begin (i) for
trial versions after your acceptance of this Agreement and after
eProImage receives and processes all the information requested in the
registration process; and (ii) for paid versions after your acceptance
of this Agreement and after eProImage receives and processes all the
information, including the credit card or bank account information
requested by the registration or ordering process. You must have a valid
credit card or a valid debit card acceptable to eProImage with an
appropriate logo ("Card") or sufficient funds in a checking or savings
account to cover an electronic debit of the fees to obtain access to the
Services. The payment information you provide must be accurate, current
and complete, and you agree to notify us promptly of any change in the
payment information. When you subscribe and provide payment information,
your Card or bank account will be debited, and will be automatically
re-debited at the beginning of each applicable monthly or one-year
subscription term ("Renewal Term") at the then-current subscription rate
to maintain access to the Services. Cancellation and renewal terms may
be supplemented by program terms provided to you in writing or on the
website for the Services you have selected.
5. TRIAL PERIOD. If you registered for a trial use of the Services
("Trial Period"), you will have the entire Trial Period within which to
purchase the Services you are using in order to retain any Content (as
defined below in Section 9) that you have posted, uploaded or entered
into websites made available through the Services during the Trial
Period. If you have not purchased the Services by the end of the Trial
Period, all of the Content will be deleted. eProImage is not responsible
for any damages to you in the event you decide not to purchase the
Services and eProImage deletes the Content after the Trial Period
expires. BY YOUR USE OF THE TRIAL VERSION OF THE SERVICES YOU UNDERSTAND
AND AGREE THAT AFTER THE AMOUNT OF TIME SPECIFIED IN THE WEBSITE OR
DISCLOSED DURING THE ORDERING PROCESS FOR THE SERVICES YOU HAVE
PURCHASED, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH
TRIAL SERVICES OR ANY DATA YOU HAVE ENTERED INTO SUCH SERVICES UNLESS
YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SERVICES.
6. REGISTRATION. Your registration information to use the Services must
be accurate, current and complete as prompted in the sign-up process
(the "Registration Data"). If you provide any Registration Data that is
not accurate, current or complete, and do not promptly update your
Registration Data, or eProImage has reasonable grounds to suspect it is
not accurate, current or complete, eProImage may, in its sole
discretion, suspend or terminate your account and refuse any current or
future access and use of the Services or portion thereof.
7. PRIVACY. For details about eProImage's privacy policies, please refer
to the Privacy Statement contained in the Services you have selected, or
provided to you as a link based on the Services you have selected, or
the privacy policy provided on the eProImage website relating to the
Services you have selected. You agree to be bound by the applicable
eProImage privacy policy, as amended from time to time in accordance
with its terms.
8. FEEDBACK. eProImage may provide you with a mechanism to provide
feedback, suggestions and ideas, if you choose, about its services
("Feedback"). You agree that eProImage may, in its sole discretion, use
the Feedback you provide to eProImage in any way, including in future
modifications of the Services, multimedia works and/or advertising,
marketing and promotional materials relating thereto. You hereby grant
eProImage a perpetual, worldwide, fully transferable, sublicensable
(through multiple tiers), non-revocable, fully paid-up, royalty free
license to use, modify, create derivative works from, distribute,
display and otherwise exploit any information you provide to eProImage
in the Feedback.
9. COMMUNICATION, CONDUCT, CONTENT. The Services may include a feature
that allows you to exchange helpful information with other users of the
Services and the public. Internet access is required to use these
communication facilities. Please respect and interact with other users
as you would in any public arena when using such features. You are
responsible for exercising your judgment in evaluating and acting on (or
ignoring) other users' communication sessions. eProImage does not
endorse and is not responsible for the accuracy of the content in these
facilities, and will not be liable for any damages incurred as a result
of the submission, viewing or use of any such content. Users may post
hypertext links to content hosted and maintained by third parties.
eProImage has no obligation to monitor these linked sites, and is not
responsible for them. Your access to any linked sites is at your own
risk. Do not reveal information that you do not want to make public. You
also agree to comply with applicable eProImage discussion board policies
made available to you for the Services you have selected.
9.1 Your right to use the Services is personal to you (and your company
and its employees, if permitted by eProImage). You are entirely
responsible and liable for all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content") uploaded, posted or stored by you using the Services. You
shall not use the Services for any illegal purpose in violation of any
local, state, federal or international law. You must provide all
required and appropriate warnings, information and disclosure, comply
with all applicable laws and regulations, and take all other required
and appropriate actions (collectively, "Information and Actions") in
connection with your use of the Services. If the Services do not provide
adequate features for you to provide such Information and Actions, then
do not use the Services. You agree that you will not use the Services to
share, store, or in any way distribute financial data that is not in
complete accordance with the law. Any users suspected of having
financial information which involves fraud, embezzlement, money
laundering, insider trading, support for terrorism, or any other
activity proscribed by law may have their accounts terminated, their
financial data erased, and they also may be reported to law enforcement
officials in the appropriate jurisdictions. eProImage does not own and
is not responsible for the Content or data you submit on the website.
You are encouraged to archive your data regularly and frequently and you
bear full responsibility for archiving your data and sole liability for
any lost or irrecoverable data.
9.2 You agree to defend, indemnify and hold eProImage, its Suppliers as
defined below, its corporate affiliates, officers, directors, employees,
subsidiaries and agents, harmless from and against any and all third
party claims, costs, damages, losses, liabilities and expenses
(including reasonable attorneys fees) resulting from or arising out of a
claim that your Content infringes or misappropriates the intellectual
property rights, or otherwise violates any other right, of a third party
or a claim resulting from or arising out of your breach or alleged
breach of this Agreement.
9.3 You agree that you will not use the Services to upload, post, link
to, publish, distribute, reproduce or transmit any of the following:
9.3.1 Any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive,
inappropriate or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute an attack or "flaming" other
participants, or would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, federal or foreign
law; or
9.3.2 Any Content or data to impersonate other individuals or falsely
represent your identity or qualifications, or that constitutes a breach
of any individual’s privacy, including posting images about children or
any third party without their consent (or a parent's consent in the case
of a minor); or
9.3.3 Any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by eProImage) or
engage in spamming or flooding; or
9.3.4 Any information or software which contains a virus, trojan horse,
worm or other disruptive or harmful component; or is obtained through
the Services for commercial purposes (other than as expressly permitted
by the provider of such information, software or other material); or
9.3.5 Any information, software or other material obtained through the
Services which is protected by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or right holder.
9.4 You agree that eProImage has the right but not the obligation, to
monitor the Services and Content from time to time and to disclose any
information as necessary or appropriate to satisfy any law, regulation
or other governmental request, to operate the Services properly, or to
protect itself or its users. eProImage will not intentionally disclose
any private email message unless required by law. eProImage reserves the
right to edit, refuse to post, remove or refuse to remove any
information or materials, in whole or in part, that, in its sole
discretion, is alleged to be unacceptable, undesirable, inappropriate or
in violation of this Agreement.
10. eProImage SERVICES. You may be made aware of or offered services,
features, products, applications, online communities, or promotions
provided by eProImage ("eProImage Services"). If you decide to use
eProImage Services, you may be subject to additional terms and
conditions governing these eProImage Services and separate fees may
apply. You acknowledge that in accessing certain eProImage Services
through the Services you may upload or enter certain data from your
account(s) such as names, addresses and phone numbers, purchases, and
sales among others, to the Internet. You hereby grant eProImage
permission to use information about your business and usage experience
to enable us to provide the eProImage Services to you, including
updating and maintaining your data, addressing errors or service
interruptions, and to enhance the types of data and services eProImage
may provide to you in the future. You also grant eProImage permission to
combine your business data, if any, with that of others in a way that
does not identify you or any individual personally to improve services
and to compare business practices with other company standards. We may
use your data to create, market or promote new eProImage offerings to
you and others.
11. DISCLAIMER OF WARRANTIES.
11.1 YOUR USE OF THE SERVICES, INCLUDING ANY SOFTWARE, AND CONTENT
THEREIN, IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN
THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, eProImage, ITS AFFILIATES,
LICENSORS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS,
RESELLERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL
WARRANTIES , WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE
SERVICES, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY,
NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS, AND SIMILAR LAWS OF ANY JURISDICTION. eProImage AND ITS
SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS,
USEFULNESS, QUALITY OR ANY CONTENT IN THE SERVICES, INCLUDING CONTENT
POSTED ON OR LINKED FROM THE SERVICES. eProImage AND ITS SUPPLIERS DO
NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES,
INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR
RELYING ON SUCH CONTENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT
APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN
DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE
SERVICES, WHICHEVER IS SOONER.
11.2 eProImage AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL,
FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE
IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
eProImage AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR
WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR
REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE
ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT
NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE
SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR
REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF
THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
12. LIMITATION OF LIABILITY AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF eProImage, ITS
AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR
CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT PAID BY AND/OR DUE FROM THE REGISTERED USER FOR THE SERVICES
TO eProImage, ITS AFFILIATES OR ITS SUPPLIERS IN THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, eProImage, ITS AFFILIATES
AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING
TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS
FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR
INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET eProImage
SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR
CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
eProImage, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eProImage
AND YOU. eProImage WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH
LIMITATIONS.
13. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY ("CONSENT").
13.1 Consent to Electronic Communications. eProImage may be required by
law to send "Communications" to you that pertain to the Services, the
use of information you may submit to eProImage, and the services you
choose. Certain third party services you choose may require
Communications with the third parties who administer these programs
("Third Party Services"). You agree that eProImage, on behalf of itself,
and others who administer such Third Party Services (as applicable), may
send Communications to you by email and/or may make Communications
available to you by posting them at one or more of our sponsored
websites, such as BullockPro.com. You consent to receive these
Communications electronically. The term "Communications" means any
notice, record, agreement, or other type of information that is made
available to you or received from you in connection with the Services
and Third Party Services.
13.2 Consenting to Do Business Electronically. The decision whether to
do business electronically is yours. Your consent to do business
electronically and our agreement to do so covers all transactions you
conduct through the Services for as long as you remain a subscriber to
or use the Services. If you later decide that you do not want to receive
future Communications electronically, write to us at Customer Services,
eProImage-Bullock Professional, 308 Concord Road, Albemarle, NC 28001.
If you withdraw your consent to receive Communications electronically,
we may terminate your use of the Services. We do not provide ISP
services. You are responsible at your expense for access to the internet
and this website and any necessary hardware and software and obtaining
your own Internet service provider (which may be a wireless carrier).
You agree to notify us promptly of any change in your email address or
other Registration Data. You can do so by logging into your service and
updating your customer profile.
14. AMENDMENT. eProImage may change this Agreement from time to time
effective upon posting of the modified Agreement on its website. Please
review the Agreement periodically on this website for changes. eProImage
has the right to change or add to the terms of this Agreement, and to
change, delete, discontinue, or impose conditions on any feature or
aspect of the Services, including but not limited to, Internet based
services, pricing, technical support options, and other product-related
policies, upon reasonable notice, including but not limited to posting
information concerning such change in the Services selected by you or on
an eProImage sponsored website. Your continued use of the Services after
eProImage's publication of any such changes shall constitute your
acceptance of this Agreement as modified.
15. TERMINATION. Your rights under this Agreement may be terminated or
suspended by eProImage immediately and without notice if you or any of
your authorized users fail to comply with any terms of this Agreement or
you no longer consent to receive electronic Communications in accordance
with Section 13. Upon termination you must immediately cease using the
Services and all outstanding payments will become due and owing. Any
termination of this Agreement shall not affect eProImage’s rights
hereunder. eProImage may terminate a free account at any time in its
sole discretion. Other terms regarding termination or expiration of the
Services may apply in accordance with the activation and ordering terms
for the specific Services you have selected. If you choose to cancel
your account or any part of the Services, you must do so in accordance
with the activation and ordering terms for the specific Services you
have selected.
16. EXPORT RESTRICTIONS. You acknowledge that this website, the
Services, and the software made a part of the Services are subject to
U.S. export control regulations administered by the U.S. Dept. of
Commerce (15 CFR, Chapter VII) and that you will comply with these
regulations. You will not export or re-export the Services, directly or
indirectly, in violation the U.S. export administration laws and
regulations to any country or end user; or to any end user who you know
or have reason to know will utilize them in the design, development or
production of nuclear, chemical or biological weapons. You further
acknowledge that the Services may include technical data subject to such
U.S. export regulations.
17. THIRD PARTY PRODUCTS. In connection with your use of the Services,
you may be made aware of services, products, offers and promotions
provided by third parties who are not affiliated with eProImage ("Third
Party Products"). If you decide to use any Third Party Products, you do
so at your own risk and are responsible for reviewing the terms
governing such Third Party Products. You authorize eProImage to use and
disclose your contact information, including name and address, for the
purpose of making the Third Party Products you choose available to you.
You agree that the third party, and not eProImage, is responsible for
the performance of the Third Party Products. The Services may contain or
reference links to websites operated by third parties ("Third Party
Websites"). eProImage is not responsible for the content of, nor any
link contained in such Third Party Websites. The inclusion of any Third
Party Website link in the Services is not and does not imply an
affiliation, sponsorship, endorsement, approval, investigation,
verification or monitoring by eProImage of any data contained in, or
services made available through any Third Party Website. You acknowledge
that linked Third Party Websites may contain terms and privacy policies
that are different from those of eProImage. eProImage expressly
disclaims any liability for use of such Third Party Products and Third
Party Websites.
18. U.S. GOVERNMENT. The software that forms a part of the Services is a
"commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT
1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R.
12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government end users
who access or use the Services, acquire a license to use the software
with only those rights set forth herein.
19. MISCELLANEOUS. This Agreement is the complete agreement between you
and eProImage and sets forth the entire liability of eProImage, its
corporate affiliates and its Suppliers and your exclusive remedy with
respect to the Services and its use. Any modification or waiver of the
terms herein by eProImage must be in a writing signed by an authorized
representative of eProImage and expressly referencing the applicable
provisions of this Agreement. If any provision of this Agreement is
invalid or unenforceable under applicable law, then it shall be
interpreted to accomplish the objectives of such provision to the
fullest extent possible under applicable law, and the remaining
provisions will continue in full force and effect. This Agreement may
not be assigned by you without the prior written approval of eProImage,
but may be assigned without your consent by eProImage to (a) a parent or
direct or indirect subsidiary, (b) in an acquisition of the assets
including the Services, in whole or in part, (c) a successor by merger.
Any assignment in violation of this Section will be void. This Agreement
will be governed by California law, without regard to its conflicts of
laws principles, and applicable federal law. The United Nations
Convention on Contracts for the International Sale of Goods does not
apply to this Agreement. The parties hereby consent to the exclusive
jurisdiction and venue in the state courts in Santa Clara County,
California or federal court for the Northern District of California.
May 2009
______________________
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by eProImage are subject to the
General Terms of Service above including these Additional Terms and
Conditions which govern your use of the Services indicated below. These
Additional Terms and Conditions shall prevail over any conflict or
inconsistency with the General Terms of Service above.
1. eProImage WEBSITE SERVICES and Bullock Professional SERVICES (both
hereinafter, "Bullock Professional Services").
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE eProImage
WEBSITE SERVICES or Bullock Professional SERVICES, THE FOLLOWING TERMS
APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE.
Capitalized terms not otherwise defined below have the meanings provided
in the General Terms of Service.
1.1.2 You agree not to sell, distribute, disseminate or link to any
sites for marketing, sales, distribution of: firearms, explosives,
ammunition, tobacco, alcohol products and any other products or services
that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii)
if sold using the website building Services, could cause eProImage or
its affiliates to violate any law, statute or regulation. Additionally,
eProImage may require you to place all or any portion of the Content
behind password protection if eProImage determines that such Content is
inappropriate for the community at large but does not otherwise violate
the terms of this Agreement. If eProImage has requested you to place
Content behind password protection or if you independently determine
that the Content appropriately belongs behind password protection, you
may not publish the password in such a way that negates the
limited-access nature of the password protected site. If eProImage
requests you to place any Content behind password protection and you
fail to do so promptly, eProImage reserves the right to (a) place such
Content behind password protection itself, or (b) terminate this
Agreement.
1.1.3 You hereby acknowledge that eProImage may, from time to time,
establish general practices and limits concerning the use of the
Services, including without limitation, (a) the maximum number of days
that email messages, guest book entries, discussion board postings or
other content posted on your website will be retained by eProImage, (b)
maximum limits on bandwidth usage that will be allotted to you, (c)
maximum limits on storage space, (d) the maximum number of websites per
member account, (e) maximum number of photographs or other data
according to the type of member account, (f) maximum limits on the
number of pages within each member website, and (g) maximum time
limitations for the retention of Content following a Trial Period or
account cancellation. eProImage further reserves the right to delete at
any time without prior notice duplicate images uploaded for printing.
Any of the foregoing limits will be consistent with the Services
(including any upgrades) for which you have registered. You agree that
eProImage has no responsibility or liability for the deletion or failure
to store any content maintained or transmitted by the Services. You
further acknowledge and agree that eProImage reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice. You also acknowledge that any
references to unlimited websites ("Unlimited Sites") offered per paying
account shall be defined as not exceeding 99 sub domain sites per paying
account. eProImage reserves the right to charge you for any third party
fees associated with the creation of additional sites, including but not
limited to domain registration fees.
1.1.4 You warrant and represent that you own or otherwise control the
rights to the Content and grant eProImage a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify, distribute,
transmit, combine with information provided by third parties, and
publicly display the Content on and through the Service and in
promotional or advertising materials (only for the limited purpose of
promoting the Services), and (ii) sublicense to third parties such
Content to the extent necessary for the creation and maintenance of, in
part or in whole, such Services and materials.
1.2 STANDARD CLIP-ART AND PHOTOS. As part of the Services, eProImage
provides its you with standard clip-art and photos to incorporate into
your websites using the Services. In using the clip-art and photos, you
are governed by terms of use with a Third Party Image Vendor ("TPIV"),
the supplier of the clip-art and photos, which is incorporated into this
Agreement.
1.3 INTERNET DOMAIN NAMES. Independent Third Party Domain Name Vendors
("TPDNVs") who are ICANN accredited registrars, provide domain name
registration services. You hereby authorize eProImage if requested, to
transfer in or acquire your selected domain name from TPDNVs. In order
to receive a domain name, you must agree and remain agreeable through
the use of the domain name, to the TPDNVs' terms of service which the
TPDNVs may change at any time in their sole discretion. You understand
that you are creating a separate contractual relationship between you
and the TPDNVs, and that you, and not eProImage or its affiliates, are
responsible for all liability, and obligations in connection with that
relationship. For more information, please see the Domain Name Services
Agreement (a service offered in conjunction with Tucows, Inc.)
1.3.1 If, after registering one or more domain names that are included
with any eProImage Service package, because of a your incorrect
registration of a domain name or otherwise, you choose to delete a
previously registered domain name and subsequently register one or more
additional different domain names, you will be charged the resulting
domain name registration fees.
1.3.2 You will be listed as the registrant and administrative contact in
connection with your domain name; however, eProImage or its affiliates,
may temporarily list itself as the registrant and administrative contact
in the event that it changes to a different TPDNV until the TPDNV’s
change is completed. You hereby authorize eProImage or its affiliates,
to list itself as the billing contact, technical contact and name
servers in connection with your domain name and to take any actions
eProImage deems appropriate in those capacities. However, upon
termination of the Service, eProImage and its affiliates, will
immediately cease acting in those capacities including switching
registrars. After such time, neither eProImage nor its affiliates will
be responsible to forward any notices, emails or other correspondence to
you or to take any other actions in connection with your domain name.
Additionally, in the event that your account is suspended by eProImage
for lack of payment or any other reason, eProImage shall not renew any
domain names that may become due for renewal during the suspension of
the account. You will be solely responsible for all ongoing fees, as
well as removing eProImage or its affiliates as the billing, technical
contact and name servers in connection with your domain name.
1.4 EMAIL. Some accounts may have email services provided by an
independent Third Party Email Services Vendor ("TPESV"). We are not
responsible for the actions or inaction of the then current TPESV or the
unavailability or malfunction of their network or services. eProImage is
not a party to, and shall not be involved in or responsible for,
transactions, agreements, and/or disputes between you and the TPESV ("TPESV
Dispute"). In the event of a TPESV Dispute, you hereby release eProImage
and its Suppliers from claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
connected with such disputes. By using email services, you agree to the
terms and conditions contained in the "Acceptable Use Policy" and "Mass
Mailing Policy" incorporated herein.
1.5 STOREFRONT. A third party store vendor ("TPSV") provides e-commerce
services. Neither eProImage nor its affiliates are responsible for the
actions or inaction of the then current TPSV or the unavailability or
malfunction of their network or services. Neither eProImage nor its
affiliates are a party to, and shall not be involved in or be
responsible for, transactions, agreements, and/or disputes between you
and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute,
you hereby release eProImage and its Suppliers from claims, demands, and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any connected with such disputes. By using these Services,
you agree to the following additional terms and conditions:
a. Hosting Services. eProImage grants you the right to develop and
operate an online storefront ("Store") on the server, subject to and in
accordance with the terms of this Agreement and such hosting policies,
procedures and specifications as eProImage may, by written notice to
you, establish from time to time (the "Hosting Policies and
Procedures"). The Hosting Policies and Procedures, if any, are
incorporated in this Agreement in their entirety.
b. Prohibited Uses. In addition to all restrictions set forth above, you
shall not use, nor permit any third party to use, the Store(s) or the
website or any part thereof: (i) to violate any federal, state or local
law, (ii) to transmit any obscene communication, (iii) to promote any
illegal activities, (iv) to violate any intellectual property rights (v)
to attempt to overcome or penetrate any security measures on the server,
or (vi) to upload or transmit any virus or harmful agent. You
acknowledge that you may be subject to civil or criminal liability under
the laws of various governmental jurisdictions as a result of any
failure to abide by the provisions of this paragraph.
c. Control. You will be solely responsible for the development,
operation and maintenance of the Store(s) and all content and materials
appearing in the Store(s), including without limitation (i) the
technical operation of the Store(s), (ii) the accuracy and
appropriateness of content and materials appearing in the Store(s),
(iii) ensuring that the content and materials appearing in the Store(s)
do not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy or other
personal or proprietary rights), and (iv) ensuring that the content and
materials appearing in the Store(s) are not libelous or otherwise
illegal. You also will be solely responsible for accepting, processing
and filling any customer orders generated through the Store(s), and for
handling any customer inquiries and complaints arising there from. You
shall inspect and monitor the Store(s) as frequently and extensively as
necessary to ensure its proper operation and compliance with the
provisions of this Agreement, and to uncover any problems with the
Store(s). To the fullest extent permitted by law, the Store(s) will be
deemed to be exclusively "under the control" of you and not "under the
control" of eProImage or its affiliates and Suppliers.
1.6 CANCELLATION. You may cancel your account or any part of the
Services at any time. eProImage will not refund any pre-paid fees upon
such termination or cancellation. To cancel your subscription, you must
send a written, signed notification to cancel your website to- Bullock
Professional, 308 Concord Road, Albemarle NC 28001. eProImage reserves
the right to collect fees, surcharges or costs incurred before you
cancel your account in addition to the applicable cancellation fee(s).
You must provide us with the following information in order for us to
process the cancellation:
a. The exact name of the Services that you would like to cancel
b. Your username and password
c. Your email address
d. Your billing information, including the credit card number that was
used when purchasing the Services
e. Reason for canceling the Services
Upon termination of your account for any reason, eProImage reserves the
right to (a) collect all charges, fees, commitments and obligations
incurred or accrued by you; (b) delete any of your Content, listings,
messages or other information in connection with your Account; (c)
prohibit your access to your Account, including without limitation by
deactivating your password; and (d) refuse your future access to the
Service. In no event shall eProImage be required to refund, redeem, or
pay amounts to you upon termination of Service or return any of your
Content.
1.7 VIOLATIONS. Please report any violations of this Agreement to our
Violation Report form.
1.8 COPYRIGHT AND TRADEMARK NOTICES. All materials of the Service and
the Software (as well as the organization and layout of the Service are
owned and copyrighted or licensed by eProImage, its affiliates or its
suppliers. All rights reserved. No reproduction, distribution, or
transmission of the copyrighted materials of the Service, which includes
the eProImage (and any successor Web sites or additional Web sites or
any co-branded Web sites), and/or the Software, is permitted without the
written permission of Bullock Professional. Any rights not expressly
granted herein are reserved. eProImage, eProImage.com, the eProImage
logo, SiteBuilder, Director, eProImage logos and product and
service names are the property of eProImage and Bullock Professional and
you agree not to display or use the this information in any manner
whatsoever without eProImage's written permission. From time to time
eProImage may offer a limited license to Members to display eProImage
award logos or other symbols of merit on Member Web Sites after
eProImage in its sole discretion confers such distinctions to the
applicable Members. However, eProImage reserves the right to withdraw
such logos or symbols and delete them in its sole discretion for any
reason.
1.8.1 NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT. Any
notifications of claimed copyright infringement should be sent to
customerservice@eproimage.com
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