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Limitation of Liability
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You agree that PictureInMotion’s services are used to transform your own materials into a digital format. You agree that any media submitted to PictureInMotion contain materials in which you own the relevant copyrights or non-copyrighted materials. It is your responsibility, not PictureInMotion’s, to ensure that any material that you convert using PictureInMotion does not violate anyone's copyright and that the conversion process does not violate anyone’s copyright. You agree to defend and hold PictureInMotion harmless from your violation of copyright laws by your use of the service. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your legal advisor.
You may not authorize, encourage or allow any resulting digital files to be used in a manner that violate anyone’s copyright or other applicable laws.
If PictureInMotion receives a notice alleging that you have engaged in behavior that violates any applicable legislation, PictureInMotion may terminate your order. If PictureInMotion suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any media you have submitted to PictureInMotion for conversion.
You agree to indemnify and hold PictureInMotion harmless from any suit demand, or claim made against PictureInMotion by breach of this agreement and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by PictureInMotion in defending against such suit, demand or claim.
Neither PictureInMotion nor any of its affiliates, subsidiaries, suppliers or service providers will be liable for any direct damages, nor shall any adjustment, refund or credit of any kind be made in excess or the lesser of $100.00 or the amount paid to PictureInMotion for the conversion services, if any.
You agree that your failure to provide an accurate shipping address or any other other pertinent information shall void your order and any refund is solely at PictureInMotion’s discretion. You agree that PictureInMotion’s inability to provide a copy of the delivery record or a copy of the signature obtained at delivery shall not yield PictureInMotion liable to any amount exceeding any reimbursements PictureInMotion receives from the delivery service provider less PictureInMotion’s incurred expenses. PictureInMotion’s failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation shall not solely be construed as a cause for order cancellation or refund.
At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up.
In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. The right to damages against PictureInMotion under any cause of action arising from or related to the provision of Services or Products or shipment of any Products shall be extinguished unless an action is brought within 180 days of the date of order.
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Choice of Law and Venue
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