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Terms of Use:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE PROLIFIC ARTS, INC. WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND PROLIFIC ARTS, INC. By accessing any service or part thereof under the this domain, you agree to be bound by the terms of this Agreement. Prolific Arts reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.

  1. OWNERSHIP
  2. This Site is owned and operated by Prolific Arts, Inc. All content on this web site is owned by Prolific Arts or its partners/contributors and are protected by International copyright laws. Prolific Arts retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Prolific Arts, if you fail to comply with any provision of this agreement. Prolific Arts reserves the right to terminate this site without notice.
  3. AUTHORIZED USE
  4. Any Content downloaded by you from this Site, including, without limitation, any files incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Prolific Arts, Inc. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Prolific Arts End User License Agreement (EULA) and any relevant Licensing Agreements.
  5. LINKS TO THIRD PARTY SITES
  6. Prolific Arts provides links to third-party sites as a convenience to you. Prolific Arts does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Prolific Arts of such sites. Prolific Arts is not responsible for the content of any linked sites.
  7. LIMITED WARRANTY
  8. Prolific Arts, Inc. represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
  9. YOU REPRESENT, WARRANT AND COVENANT THAT:
    1. You are at least 18 years of age and have the right to enter into this Agreement;
    2. You will not use the content in any way that is not permitted by this Agreement or any other relevant Licensing Agreements;
    3. Your use of the content will not violate any applicable law or regulation of any country, state, or other governmental entity;
    4. The information you provide to Prolific Arts is accurate and true, including without limitation all credit card information;
    5. You agree that all passwords to your Prolific Arts account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
      1. terminate this Agreement immediately with notice to you
      2. retain all unpaid payments pursuant to this Agreement and
      3. seek any legal or equitable remedies.
  10. LIMITATION OF REMEDIES
    1. Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription period has been canceled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
    2. No Monetary Damages: Under no circumstances whatsoever will Prolific Arts, Inc. be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the content even if Prolific Arts or a distributor authorized by Prolific Arts has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  11. INDEMNIFICATION
  12. You agree to indemnify and hold Prolific Arts, Inc. harmless from, and against, all claims, expenses or liability asserted against Prolific Arts arising out of or in connection with any breach of any of the terms of this Agreement.
  13. USAGE
  14. Subscription plans cannot be upgraded nor downgraded upon download of first image. There shall be no extension of subscription period if you fail to download any images due to Internet connectivity problems. Prolific Arts will fully reimburse the "lost days" only if the Prolific Arts server is inaccessible worldwide (system down) for a duration of 12 hours or more. Subscription content will no longer be available for download once the subscription period ends.
  15. If purchasing pre-paid credits, purchased credits expire after 24 months from the date of purchase.
  16. JURISDICTION
  17. This Agreement constitutes the entire agreement between you and Prolific Arts, Inc. regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Prolific Arts to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
  18. LEGAL FEES
  19. If Prolific Arts, Inc. is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to remimburse Prolific Arts for its legal fees, costs, and disbursements if Prolific Arts is successful.
  20. ASSIGNABILITY
  21. You may not assign or transfer to anyone else the rights granted to you in this Agreement, without prior written consent.
  22. ENTIRE CONTRACT
  23. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROLIFIC ARTS, INC., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PROLIFIC ARTS RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN PROLIFIC ARTS WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
  24. THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND WAS SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF SUBSEQUENT TRANSLATIONS CANNOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.