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12. Changes to the Service and Termination of the Service
(a)
We may change these Terms from time to time without notice to you. Should
you object to any of these Terms or any changes to them, or should you become
dissatisfied with the Service in any way, your only recourse is to immediately: (1)
discontinue use of the Service; and (2) terminate the Service and notify us of the
termination. Termination of the Service may, in some instances, require you to
change your PCS Service Plan.
(b)
We may discontinue the Service or any feature or portion of the Service at any
time, with or without notice. You agree that upon modification or discontinuance
of the Service, we may delete the data you have stored on the Service.
(c)
You agree that we may terminate your membership in the Service and delete
any and all information, posting, communications, albums and pictures at any
time, without notice, if we believe: (1) that you have failed to use the Service at
least once during a reasonable span of time as determined by us; (2) that you have
violated or acted inconsistently with the letter or spirit of these Terms; (3) that
you have violated our rights or the rights of other users or parties; or (4) that you
have abused or misused the Service in any way, including but not limited to
exceeding any limits that we may place on the amount of data that any individual
may store on the Service.
(d)
We reserve the right at all times to disclose any information posted by you or any
other user as necessary to satisfy any law, regulation or governmental request, or to
edit, remove, or refuse to post any information or materials, in whole or in part, that
in our sole discretion are objectionable or in violation of these terms and conditions.
(e)
Except as otherwise set forth in this provision, in the event your Service is
terminated we will make reasonable efforts to provide 30 days prior notice before
may delete any data from the Service.
13. Disclaimers
(a)
We hereby disclaim any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, operability or availability of information
or material in this Service. We further disclaim any responsibility for the deletion,
misdelivery, failure to store or untimely delivery of any information or material. We
disclaim any responsibility for any harm resulting from downloading or accessing
any information or material through the Service. You agree that you, the member,
will bear all risk associated with any content that you access.
(b)
All processing of film, prints, slides, negatives or digital images is subject to our
Terms. You agree that your sole remedy for any damage or loss of any materials
that you submit to us for processing, printing, storage, transmission or other
handling, even if caused by negligence or other fault, will only entitle you to
replacement with a like amount of unexposed film and processing. EXCEPT FOR
THE EXCLUSIVE REMEDY OF REPLACEMENT, THE HANDLING OF ANY FILM,
PRINT, SLIDE, NEGATIVE OR DIGITAL IMAGE IS WITHOUT WARRANTY OR
LIABILITY AND RECOVERY FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES IS EXCLUDED.
Section 4B: Terms & Conditions / Warranty
225
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