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Service Agreement

1. Purposes of Agreement.

WHEREAS, the participating 501(c)(3) organization desires to allow all subscribers affiliated with Picturehealing.com to regularly contribute to the participating 501(c)(3) organization via membership and participation within the Picturehealing.com/Picture Healing, Inc.’s websites.

WHEREAS, the parties desire to insure that all persons affiliated with the participating 501(c)(3) organization as subscribers, who, by means of a direct communication from the 501(c)(3) organization therefore affiliates with Picturehealing.com, will be automatically enrolled to begin contributing directly to the 501(c)(3) organization.

The Parties therefore agree as follows:

2. Term of the Agreement. The agreement shall become effective as of the date set forth above, and shall continue until: (A) it is terminated by mutual consent of the Parties; or (B) upon 30 days written notice by either Party; or (C) the death, incapacity, or dissolution of any Party; or (D) the filing of a petition for bankruptcy by either Party; or (E) operation of law

3. Agreements of Parties.

B. Organization will provide the following:



4. Relationship of the Parties. The Parties acknowledge and agree that the Services performed by Picture Healing.com, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties (as laid out below in Terms of Service).


5. Governing Law. This agreement shall be governed by the laws of the State of California.

6. Severability. If any part of this agreement is adjudged invalid, illegal or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect.

7. Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

1. First class post, 2 days from the date of posting;

2. Hand or by facsimile transmission, on the date of such delivery or transmission; and

3. Electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

8. Binding Agreement/No Other Beneficiary. This agreement shall be binding upon the Parties, and upon their heirs, executors, personal representatives, administrators, and assigns. No person shall have a right or cause of action arising or resulting from this agreement except those who are Parties to it and their successors in interest.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PICTURE HEALING, INC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTURE HEALING.COM WEBSITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PICTURE HEALING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Picture Healing’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. Entire Agreement. This instrument, including any attached exhibits, constitutes the entire agreement of the Parties. No representations or promises have been made except those that are set out in this agreement. This agreement may not be modified except in writing signed by the Parties.

11. Paragraph Headings. The headings of the paragraphs contained in this agreement are for convenience only, and are not to be considered a part of this agreement or used to determining its content of context.

12. Amendments. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to waive, alter, amend or repeal a particular provision.

13. Further Acts. The Parties agree that they will undertake such further acts as may be necessary or appropriate to carry out the letter and intent of this Agreement.

14. Counterparts. The Parties hereto have caused this Agreement to be executed on the date set forth opposite the signature of each of the respective parties below, and each of them expressly agree and understand that this Agreement, and the terms and provisions hereof, shall not be enforceable nor binding on any Party until fully executed by all of the Parties.

Terms of Service

1. Your relationship with Picture Healing

1.1 Your use of Picture Healing’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Picture Healing under a separate written agreement) is subject to the terms of a legal agreement between you and Picture Healing. “Picture Healing” means Picture Healing Inc., whose principal place of business is at 1014 S. Westlake Blvd #215, Westlake Village, CA, 91361, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Picture Healing, your agreement with Picture Healing will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Picture Healing will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Picture Healing in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Picture Healing in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Picture Healing will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Picture Healing, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Use of the Services by you

3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Picture Healing will always be accurate, correct, and up to date.

3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

3.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Picture Healing, unless you have been specifically allowed to do so in a separate agreement with Picture Healing. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

3.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.5 Unless you have been specifically permitted to do so in a separate agreement with Picture Healing, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3.6 You agree that you are solely responsible for (and that Picture Healing has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Picture Healing may suffer) of any such breach.

4. Your passwords and account security

4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

4.2 Accordingly, you agree that you will be solely responsible to Picture Healing for all activities that occur under your account.

4.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Picture Healing immediately

5. Privacy and your personal information

5.1 For information about Picture Healing’s data protection practices, please read Picture Healing’s privacy policy at: http://www.picturehealing.com/privacy.php. This policy explains how Picture Healing treats your personal information, and protects your privacy, when you use the Services.

5.2 You agree to the use of your data in accordance with Picture Healing’s privacy policies.

6. Content in the Services

6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Picture Healing (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Picture Healing or by the owners of that Content, in a separate agreement.

6.3 Picture Healing reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

6.5 You agree that you are solely responsible for (and that Picture Healing has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Picture Healing may suffer) by doing so.

7. Proprietary rights

7.1 You acknowledge and agree that Picture Healing (or Picture Healing’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Picture Healing and that you shall not disclose such information without Picture Healing’s prior written consent.

7.2 Unless you have agreed otherwise in writing with Picture Healing, nothing in the Terms gives you a right to use any of Picture Healing’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

7.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Picture Healing, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Picture Healing's brand feature use guidelines as updated from time to time.

7.4 Other than the limited license set forth in Section 11, Picture Healing acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Picture Healing, you agree that you are responsible for protecting and enforcing those rights and that Picture Healing has no obligation to do so on your behalf.

7.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.

7.6 Unless you have been expressly authorized to do so in writing by Picture Healing, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

8. License from Picture Healing

8.1 Picture Healing gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Picture Healing as part of the Services as provided to you by Picture Healing (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Picture Healing, in the manner permitted by the Terms.

8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Picture Healing, in writing.

8.3 Unless Picture Healing has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

9. Content license from you

9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Picture Healing a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Picture Healing to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

9.2 You agree that this license includes a right for Picture Healing to make such Content available to other companies, organizations or individuals with whom Picture Healing has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

9.3 You understand that Picture Healing, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Picture Healing to take these actions.

9.4 You confirm and warrant to Picture Healing that you have all the rights, power and authority necessary to grant the above license.

10. Software updates

10.1 The Software which you use may automatically download and install updates from time to time from Picture Healing. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Picture Healing to deliver these to you) as part of your use of the Services.

11. Ending your relationship with Picture Healing

11.1 The Terms will continue to apply until terminated by either you or Picture Healing as set out below.

11.2 If you want to terminate your legal agreement with Picture Healing, you may do so by (a) notifying Picture Healing at any time and (b) closing your accounts for all of the Services which you use, where Picture Healing has made this option available to you. Your notice should be sent, in writing, to Picture Healing’s address, which is set out at the beginning of these Terms.

11.3 Picture Healing may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Picture Healing is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Picture Healing offered the Services to you has terminated its relationship with Picture Healing or ceased to offer the Services to you; or

(D) Picture Healing is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Picture Healing is, in Picture Healing’s opinion, no longer commercially viable.

11.4 Nothing in this Section shall affect Picture Healing’s rights regarding provision of Services under Section 4 of the Terms.

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Picture Healing have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PICTURE HEALING’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 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 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

12.3 IN PARTICULAR, PICTURE HEALING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICTURE HEALING OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 PICTURE HEALING FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICTURE HEALING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) 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 SERVICES;

(II) ANY CHANGES WHICH PICTURE HEALING MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) 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 SERVICES;

(III) YOUR FAILURE TO PROVIDE PICTURE HEALING WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

13.2 THE LIMITATIONS ON PICTURE HEALING’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PICTURE HEALING HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Copyright and trade mark policies

14.1 It is Picture Healing’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

15. Advertisements

15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

15.2 The manner, mode and extent of advertising by Picture Healing on the Services are subject to change without specific notice to you.

15.3 In consideration for Picture Healing granting you access to and use of the Services, you agree that Picture Healing may place such advertising on the Services.

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Picture Healing may have no control over any web sites or resources which are provided by companies or persons other than Picture Healing.

16.2 You acknowledge and agree that Picture Healing is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Picture Healing is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Picture Healing may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Picture Healing will make a new copy of the Universal Terms available at http://www.picturehealing.com/terms.php, and any new Additional Terms will be made available to you from within, or through, the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Picture Healing will treat your use as acceptance of the updated Universal Terms or Additional Terms.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Picture Healing and govern your use of the Services (but excluding any services which Picture Healing may provide to you under a separate written agreement), and completely replace any prior agreements between you and Picture Healing in relation to the Services.

18.3 You agree that Picture Healing may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Picture Healing does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Picture Healing has the benefit of under any applicable law), this will not be taken to be a formal waiver of Picture Healing’s rights and that those rights or remedies will still be available to Picture Healing.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that each member of the group of companies of which Picture Healing is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Picture Healing under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Picture Healing agree to submit to the exclusive jurisdiction of the courts located within the county of Ventura, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Picture Healing shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

November 23, 2010