You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Milestone Slideshows' website at https://milestoneslideshows.com, Milestone Slideshows' mobile application (“Mobile App”) or Milestone Slideshows' video creation services made available through authorized third party websites (collectively referred to as the “Site” or “Services”).

You acknowledge and agree that, by (1) registering for an account, or (2) downloading an Milestone Slideshows application or (3) otherwise accessing or using the Services, you have read these terms and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any application from your hardware.

You acknowledge that these Terms are between You and Milestone Slideshows, and not with any third party from which you obtained the Services, and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof. Your use of the Services is not only subject to these Terms of Service, but also any terms of service and/or rules of such third party site.

There are two general types of Users of the Services, registered users that have registered with Milestone Slideshows or who have registered with an authorized third party that provides access to Milestone Slideshows Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's video. The term "commercial purposes" shall mean any use of an Milestone Slideshows video that directly or indirectly derives a commercial benefit or financial gain.

You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old if you are using the Services to make Milestone Slideshows Videos for personal or commercial use. You further warrant that you have the authority to enter into these Terms of Service.

This Terms of Service Agreement was last updated on November 10, 2020. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

The Services are owned and operated by Orpheus and Aphrodite Music and Photography Inc., a Georgia Corporation with a place of business at 1945 Tribble Valley Drive, Lawrenceville, GA 30045 USA. The Milestone Slideshows Services provide Users with the ability to have a video ("Slideshow") custom created by Milestone Slideshows using uploaded photographs, graphics, or video clips set to a selected or uploaded music track.

By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. Team accounts may be shared with up to two (2) other users within your organization, but you remain responsible for all activities relating to your account. You agree to keep your password confidential at all times and notify Milestone Slideshows immediately if you learn of an unauthorized use of your password. You are fully responsible for activities or transactions that relate to your account or your password. All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy at https://….., which is incorporated by reference into these Terms of Service.

Payment of Fees

If you place an order, you agree to pay all of the balance before the products delivery. Milestone Slideshows may provide you with the ability to pay the Fees through a third party service. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site. Conduct

You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content and Musical Content.

You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us. You agree that you will not upload, share, or otherwise distribute any Submissions that:

  • are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
  • contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
  • constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.

We do not endorse the contents of any Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Milestone Slideshows arising from your exposure to such materials.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation of any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.

Linking Conditions

You may not link to the Site unless you comply with these linking conditions. You agree that you will not modify Milestone Slideshows video player code in any way, nor will you modify the display of your Milestone Slideshows Video. Your right to link to the Milestone Slideshows Site is expressly conditioned upon your compliance with the following restrictions:

  1. The link must either resolve to the homepage, " milestoneslideshows.com," or to the link associated with a User Video.
  2. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Milestone Slideshows or any other third party.
  3. The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.
  4. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Milestone Slideshows ; and

The link and surrounding materials must not portray Milestone Slideshows, Milestone Slideshows Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

Third Party Sites and Information

Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for the third party websites, services, or products. Our Site and Mobile App allow you to post your Milestone Slideshows videos on YouTube using the YouTube API. By using this functionality, you hereby agree to be bound by YouTube’s terms of service at (https://www.youtube.com/t/terms).

Intellectual Property

Milestone Slideshows Intellectual Property Rights. Milestone Slideshows is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of Milestone Slideshows’ Services without Milestone Slideshows' written permission is strictly prohibited.

Milestone Slideshows' trademarks and/or service marks may not be used in connection with any product or service that is not provided by Milestone Slideshows, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Milestone Slideshows.

Milestone Slideshows' Services include a user interface that allows you to upload user content and customize certain aspects of your desired Milestone Slideshows Video. You are granted a limited right to use those services only in conjunction with the Site and in accordance with these Terms of Service. Your inputs are then handed off to a Milestone Slideshows' producer, which creates the Milestone Slideshows video from scratch. Users do not have direct access to the video creation engine and therefore you receive no license to use it. Milestone Slideshows' Services (including its user interface and video creation engine) are Milestone Slideshows' intellectual property.

Others' Intellectual Property Rights. Milestone Slideshows deeply respects the third party intellectual property rights that may be implicated in creating a Milestone Slideshows Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below. In creating an Milestone Slideshows Video, you will be able to use your own Image Content such as photos, graphics, text, or video segments. You will be able to either upload your own Musical Content, or we will assist you in locating your music. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.

Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Milestone Slideshows Video. For example, professionally-taken photographs should not be used in a Milestone Slideshows Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Milestone Slideshows Video unless you have received a license to do so from the owner of the copyright.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Milestone Slideshows Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

Milestone Slideshows licenses certain Image Content in the form of photos and/or video clips from third parties (“Licensed Images”) and makes that content available to its users for use in making Milestone Slideshows Videos. Ownership of all intellectual property rights in Licensed Images remains with the third party licensor, and you are granted a limited right to use such Licensed Images subject to these terms. Your use of Licensed Images is subject to the following restrictions:

You may only use and modify Licensed Images in connection with making an Milestone Slideshows Video via the Services, and may only copy, distribute, or display the Licensed Images as incorporated within the Milestone Slideshows Video, and only in digital form. You receive no right to use the Licensed Images except in connection with the Services, and no right to copy, distribute, or display Licensed Images separately from the Milestone Slideshows Video

If a Licensed Image featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you agree that you must include a statement that the image is used for illustrative purposes only and the individual is a model. You are not permitted to activate the “right click” function in Licensed Images, remove any metadata in Licensed Images, or reverse engineer, decompile or disassemble the Services to enable the download or use of Licensed Images on a stand alone basis.

Licensed Images may not be used:

  • on a stand-alone basis with no other content;
  • for pornographic, defamatory or other unlawful purposes;
  • in electronic templates used to create electronic or printed products;
  • in physical or digital retail products other than permitted Milestone Slideshows Videos created through the Services, such as e-cards, calendars, posters, or screensavers;
  • for the purpose of enabling file-sharing of the image file; or
  • in logos, trademarks, services marks or any other branding or identifiers, separate from the Milestone Slideshows Videos created through the Services, provided you acknowledge you shall receive no trademark protection for the Licensed Images themselves

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Milestone Slideshows Video. If you are unsure whether you have the necessary rights to use music in an Milestone Slideshows Video, we encourage you to choose Musical Content available through Envato.com. You agree that you will not alter or modify the fundamental character of any music available through Milestone Slideshows or third party sites linked to by our Site.

You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as you intend to use them and as contemplated by the Site and grant Milestone Slideshows the rights described herein.

You are granted the limited rights to use, copy, perform, display, and distribute the Milestone Slideshows Video consistent with these Terms of Service and other instructions and restrictions which may be posted by Milestone Slideshows on the Site. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media. Musical Content from Milestone Slideshows may not be used in any manner separately from an Milestone Slideshows Video.

Please be aware that your use of Content may also be considered a use for commercial purposes pursuant to copyright laws if you are using the Milestone Slideshows Video to obtain a commercial benefit or financial gain. Even if you believe you have certain rights to use third-party Content in an Milestone Slideshows Video, you should ensure that you have the appropriate rights to use such Content for commercial purposes. We cannot, and do not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content, you should consult an attorney.Subject to your rights (if any) in any Musical Content or Image Content, Milestone Slideshows owns all rights in Milestone Slideshows Videos.

You hereby grant to Milestone Slideshows a royalty-free, perpetual license to use, copy, create, modify, display and host your Milestone Slideshows Video, Image Content, and Musical Content solely to the extent necessary for Milestone Slideshows to provide the Services. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

Repeat Infringers

Your account will be terminated if, at Milestone Slideshows' sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Disclaimer of Warranties

ALL MILESTONE SLIDESHOWS SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability

YOUR EXCLUSIVE REMEDY AND MILESTONE SLIDESHOWS AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID Milestone Slideshows, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).

IN NO EVENT SHALL MILESTONE SLIDESHOWS OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. MILESTONE SLIDESHOWS SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. Milestone Slideshows SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Milestone Slideshows, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Milestone Slideshows’terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Milestone Slideshows reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Milestone Slideshows in asserting any available defenses.

Use of Site and Storage of Material

Upon registering with Milestone Slideshows, you will be assigned one (1) user account. You are limited to one account per person. Milestone Slideshows limits the maximum amount of disk space per account for storing Milestone Slideshows Videos and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Services. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance or causes excessive use of resources or costs, including excessive consumption of cloud data servers, CPU time, memory, disk space, and session time, is prohibited. Misuse of the Services in a manner that creates excessive copies of licensed Musical Content or Image Content is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, limit the number of Milestone Slideshows you may create, or limit the amount of storage space, bandwidth, or other resources you may use.

International Use

Although Milestone Slideshows’ Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Termination of Use We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefor, your right to use the services immediately ceases, and we may take appropriate action, including without limitation banning your IP address, barring you from purchasing Services, or immediately deactivating or deleting your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension. The following sections of these Terms of Service will survive termination: Payment of Fees, Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Use of Site and Storage of Materials, Storage of Paid User’s Materials, Referral Program, Distribution Terms, Audit Rights, Governing Law, Agreement to Arbitrate All Disputes, Miscellaneous.

Distribution of Milestone Slideshows Videos

Milestone Slideshows account holders may, during the Term, distribute or otherwise make available Milestone Slideshows Videos to third parties if such third parties agree to use the Milestone Slideshows Videos for personal use only, and subject to Milestone Slideshows’ Distribution Terms set forth below. Your account may be terminated without prior notice or reimbursement if you distribute Milestone Slideshows Videos in violation of this agreement.

Audit Rights

Milestone Slideshows (or a third party hired by Milestone Slideshows for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other of User’s information to determine compliance with the terms contained herein. The costs of such audit shall be borne by Milestone Slideshows unless the audit uncovers that the User has materially breached this Agreement, and then User shall be responsible for reimbursement of all reasonable costs and expenses of such audit.

Data Processing Terms

These Data Processing Terms apply if (a) you are a registered User with Milestone Slideshows, and (b) your use of Milestone Slideshows Services involves collecting Personal Data from data subjects that are residents in the European Economic Area or Switzerland (collectively referred to as “EU Residents”) and/or incorporating that Personal Data in Milestone Slideshows Videos or otherwise sharing the Personal Data with Milestone Slideshows.

Milestone Slideshows considers the issues of privacy and data security to be of utmost importance.

Definitions For Purposes of These Data Processing Terms.

The term “data subject” means the identified or identifiable person to whom any Personal Data relates. The term “Personal Data” means ANY information that: (i) can be used, alone or in connection with other information, to identify an individual; or (ii) is otherwise subject to any applicable privacy or data laws regarding personal information. For avoidance of doubt, Personal Data includes an individual’s name and likeness, including in photographs or video. The term “processing” means any action performed on Personal Data, including by automated means, such as collecting, recording, organizing, structuring, storing, altering, retrieving, modifying, using, disclosing, transmitting, or deleting. You are the “Data Controller” and Milestone Slideshows is the “Data Processor” for purposes of any applicable data privacy laws, including without limitation the EU Directive 95/46/EC, the EU General Data Protection Regulation 2016/679 (the “GDPR”), and the EU-US Privacy Shield Framework. Your Responsibilities.

You hereby represent and warrant that (a) your collection of Personal Data from EU Residents will be in compliance with your own privacy statement, to which you will receive express consent by data subjects; (b) You will comply with all applicable laws, rules and regulations in using the Milestone Slideshows Service, including without limitation data protection regulations and laws relating to Personal Data such as the GDPR; and (c) You agree to immediately inform Milestone Slideshows of a request by a data subject to delete Personal Data.

Milestone Slideshows Responsibilities.

Milestone Slideshows agrees that it will:

  • process Personal Data in accordance with documented instructions from You, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by applicable law, in which case it will inform You to the extent permitted by law;
  • ensure personnel authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and that such personnel do not process any Personal Data except in accordance with Your documented instructions;
  • implement appropriate technical and organizational measures to ensure the security of any Personal Data, taking into account the risks that are presented by the processing;
  • ensure that third party sub-processors engaged by Milestone Slideshows are subject to the same data protection obligations set forth in these Data Processing Terms, and Milestone Slideshows will be responsible for sub-processors’ performance under such obligations;
  • taking into account the nature of the processing, assist You by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Your obligation to respond to requests made by data subjects pursuant to applicable law;
  • taking into account the nature of the processing, assist You in meeting Your obligations under applicable law, including without limitation those arising pursuant to Articles 32 to 36 of the GDPR (relating to data security, breach notification, and impact assessments); and
  • at Your written request, no more than once per year unless otherwise required under applicable law, make available to You all information necessary to demonstrate Milestone Slideshows’ compliance with its obligations under these terms and/or permit audits to verify such compliance (to this end, You consent to Milestone Slideshows engaging a reputable independent auditor of its choice to conduct such audits in lieu of You or Your designee); at Your request, delete or return to You all Personal Data in Milestone Slideshows’ possession or control after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of such Personal Data. Notwithstanding the foregoing, You acknowledge that Milestone Slideshows Videos may be downloaded and/or shared on sites and platforms and may not be hosted on Milestone Slideshows’ or its vendors’ servers. As such, Milestone Slideshows may not be able to fulfill a request to delete Personal Data of a data subject contained in an Milestone Slideshows Video that has been downloaded and/or distributed in such a manner.

Governing Law

The laws of the state of Georgia, USA, will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Gwinnett County, Georgia, USA.

Agreement to Arbitrate All Disputes

Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Lawrenceville, Georgia USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Notices

All notices to a User or to Milestone Slideshows shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@Milestone Slideshows.com, if by email, or at Milestone Slideshows, Inc., 1945 Tribble Valley Dr. Lawrenceville, GA 30045 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Milestone Slideshows.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Milestone Slideshows, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, and any other terms you have agreed to that were made available through the Site, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

This document was last updated on November 10, 2020.