Welcome to the getprove.com website and related websites on which this Terms of Service appears (the "Sites"). This Terms of Service (this "ToS") describes the terms and conditions applicable to your access and use of the Sites and the Prove browser extension (the "App") and the Sites (collectively, the "Service"). This ToS sets forth the terms and conditions under which Aesthetic11, LLC. ("Prove," "we," or "us") provides you access to the Sites and the Service.

Prove may amend this ToS at any time by posting the amended Terms of Service on the Sites or through the App, and you agree that you will be bound by any changes to this ToS. For your convenience, the date of last revision is included at the top of this page. Prove may make changes to the Sites and/or the Service at any time. You understand that Prove may discontinue or restrict your use of the Sites and/or Service for any reason or no reason with or without notice.

Your use of the Sites AND/OR THE SERVICE, or BY clicking "I ACCEPT" if presented with THIS TOS in a click-through format, signifies that you agree to THIS TOS and constitutes your binding acceptance of THIS TOS, including any modifications that PINPIGEON makes from time to time.

1. Privacy Policy.By clicking "I ACCEPT", "SIGN UP", or using the Sites or the Service, you represent that you have read our Privacy Policy. Prove may revise the Privacy Policy at any time, and the new versions will be available at the above links. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Sites and/or Service.
2. Requirements.Before you can use the Service, you must: (a) agree to this ToS; (b) install a valid copy of the App on your device, (c) install the Prove browser extension software application ("Prove") on your device and enable it in your browser; (d) input required fields when necessary for sending postcards using the App; (e) enter your payment information for sending a postcard (a "Payment"); and (f) meet the hardware and connection requirements published on the Sites. These requirements may change as the Service evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using the Service. You acknowledge and agree that these ToS do not apply to Prove or any accounts that you create through Prove. You may have to agree to a separate Terms of Service when installing, using or creating an account for Prove. Should you not agree to such Terms of Service, you may not be able to use or access Prove, and in such event, you will not be able to use all or some of the features of the App or the Service. Should you uninstall Prove from your device, you may not be able to use all or some of the features of the App or Service.
3. ToS Updates.Prove will revise this ToS as the Sites and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToS. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then-current version of this ToS as posted on the Sites at www.getprove.com/terms. If at any point you do not agree to any portion of the then-current version of this ToS, you must immediately stop using the Sites and/or Service.
4. App Updates.In an effort to improve the Service, Prove may require that you download and install updates to the App software.
5. Termination of Service.Prove reserves the right to deny service to any user at Prove's sole and absolute discretion. The Service is offered with the understanding that Prove may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation the ToS. Prove may stop offering and/or supporting the Service at any time.
6. Accounts and Security.
   1. Eligibility.You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
   2. Account.To access the Service, you must create an Account by completing the registration process. You must complete the registration process by providing current, complete and accurate information (including your email address and home address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes.
   3. Account Security.Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Prove immediately if you believe that an Account username and/or password have been compromised.
   4. Cancellation by You.You have the right to cancel any Account registered to you at any time. You may cancel any Account registered to you by following the instructions on the Sites or App.
   5. Effect of Account Termination or Cancellation.If you voluntarily terminate an Account or allow that Account to lapse, you may reactivate that Account at any time through the account interface on the Sites. Accounts terminated by Prove for any type of abuse, including without limitation a violation of these ToS, may not be reactivated for any reason.
   6. Account Suspension.Prove reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account or access thereto if Prove suspects, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity.
   7. No Account Transfers/Sales.Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.
7. Purchases; Replacements and Refunds
   1. Products and Purchases.You may purchase certain products through the Services provided you have provided valid credit card or other payment information for your Account. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any product or service, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; or to refuse to allow any user to purchase a product or service or deliver any product or service to a user. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by, Prove, your Account may be closed without warning or notice at the sole discretion of Prove.
   2. Changes to Products,Pricing and Services. Prove may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products or services offered or sold through the Service. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. We use reasonable efforts to accurately display the attributes of photographs that you order through the Service, including the colors of those photographs, however, the actual color you see is dependent upon your device or computer monitor, and we cannot guarantee that your device or computer will accurately display such colors. Prove may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these ToS or elsewhere on the Sites.
   3. Shipment of Products.Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of products purchased by you through the Services will be delivered within the time period specified for the delivery method you have selected.
   4. Replacements and Refunds.Damaged or defective products will be reprinted and reshipped at no charge to you. We may, prior to issuing any reprint or reshipment, request samples of the defective products for inspection. Should you be dissatisfied with the quality of a product that you receive, we may provide you with a credit to your Account so that you may reorder the product or a product of the same value. Please contact us prior to returning a product for a refund as we may be able to provide other options to you. Prior to returning any products to us, we may ask you to complete a return form which we would provide to you.
      
      TO THE EXTENT THAT WE ISSUE ANY TYPE OF REFUND, THAT REFUND WILL BE FOR CREDITS TO YOUR ACCOUNT ONLY. WE DO NOT ISSUE ANY CASH REFUNDS OR REFUNDS TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD OF ANY KIND.
8. Restrictions and Conditions of Use.
   1. Use of Sites and Service.Prove permits you to view and use a single copy of the Sites for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Sites and/or Service.
   2. No Violation of Laws.You agree that you will not, in connection with your use of the Sites, App or the Service or your purchase of any products or services through any of the foregoing, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the App, Sites and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
   3. Misuse of Sites and/or Service.You may not connect to or use the Sites and/or Service in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person's use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites, Service, Accounts registered to other players, or the computer systems, devices or networks connected to the Sites and/or Service. Furthermore, you may not use the Sites or Service to develop, generate, transmit, publish, display or store any information or Content (defined below) that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Sites and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
   4. No Commercial Uses.You agree that you will not use the App, the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the App, the Sites or Service.
   5. No Data Mining or Harmful Code.You agree that you will not (i) obtain or attempt to obtain any information from the Service, including without limitation information about other users, using any method not expressly permitted by Prove; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the App or the Service, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the App, the Sites or the Service.
9. User Content.Content. "Content" means any communications, images, photographs, text, video, audiovisual works, drawings, paintings, and all other material and information that you upload or transmit through the Sites, App and/or Service, or that other users upload or transmit, including without limitation any Content imported into the Sites or Service through Prove or any forum postings on the Sites or Service. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you solely in and in connection with the Service (including, without limitation, promotion of the Service). None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Sites, App and/or Service any Content that is subject to any third-party rights. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor (including without limitation photographs you access through the Service or forum postings), and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Sites and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation chat text) for any reason, including without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this ToS or any other agreement; (iii) to protect our legal rights and remedies; (iv) where we feel someone's health or safety may be threatened; or (v) to report a crime or other offensive behavior.
10. Ownership.As between you and Prove and/or its licensors, Prove and/or its licensors own the Sites, Service the App, and Accounts. You agree that you will not create any work of authorship or create any derivative works based on the Sites, the App or the Service. Any reproduction or redistribution of the Sites or the App, or use of the Service not in accordance with this ToS is expressly prohibited by law, and may result in severe civil and criminal penalties.
11. Links.
    1. Links from the Sites.The Sites may contain links to websites operated by other parties. Prove provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Prove, and Prove is not responsible for the content available on the other sites. Such links do not imply Prove's endorsement of information or material on any other site and Prove disclaims all liability with regard to your access to and use of such linked websites.
    2. Links to the Sites.Unless otherwise set forth in a written agreement between you and Prove, you must adhere to Prove's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Prove's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Prove, (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking Sites, and (iv) Prove reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. Notice for Claims of Copyright Infringement.
    If you are a copyright owner or agent thereof and believe that content posted on the Sites by a Prove user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. � 512(c)) to our Copyright Agent with the following information:
    • (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
    • (b) a description of the copyrighted work that you claim has been infringed;
    • (c) the URL of the location on our website containing the material that you claim is infringing;
    • (d) your address, telephone number, and email address;
    • (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    
    
    Our Copyright Agent can be reached by mail at: Aesthetic11, LLC., PO Box 835, Greensburg, PA 15601, ATTN: Prove Copyright Agent. or by email at support@getprove.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
13. Intellectual Property.
    1. Trademarks.Prove and the Prove logo are trademarks/service marks of Aesthetic11. Unauthorized use of any Prove trademark, service mark or logo may be a violation of federal and state trademark laws.
    2. Copyright.The Sites, Service and App are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Sites, Service or App, or individual sections of the content, design or layout of the Sites without Prove's express prior written permission.
14. Unsolicited Idea Submissions.Neither Prove nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved applications or technologies, application or product enhancements, marketing plans or names for new applications or services (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to Prove or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when Prove's products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
15. Location.The Sites and the Service are operated by Prove in the United States. Those who choose to access the Sites, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
16. Children.The Sites and the Service are not directed toward children under 13 years of age nor does Prove knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Prove.
17. Disclaimer of WarrantIES.
    
    THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PINPIGEON MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE, THE APP AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE APP, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE, THE APP AND/OR SERVICE IS AT YOUR SOLE RISK. PINPIGEON DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE APP AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, THE APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, THE APP OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
18. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
    
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINPIGEON, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE APP AND/OR SERVICE, EVEN IF PINPIGEON AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF PINPIGEON OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
    
    Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Prove and its affiliates shall be limited to the fullest extent permitted by law.
19. Indemnification.You agree to indemnify, defend and hold Prove and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of this ToS or any other policies that Prove may issue for the Sites and/or Service from time to time.
20. Dispute Resolution and Arbitration.
    1. Negotiations.Before initiating any arbitration or court proceeding, you and Prove agree to first attempt to negotiate any dispute, controversy or claim related to these ToS ("Claim") (except those Claims expressly provided in Section 20.6 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. Prove will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Prove at 800 Market St. Suite 600 San Francisco, CA 94102, ATTN: CEO.
    2. Binding Arbitration.If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Prove may elect to have the Claim (except as otherwise provided in Section 20.6) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToS. In the event of a conflict between the terms set forth in this Section 20 and the JAMS Rules, the terms in this Section 20 will control and prevail.
       
       Except as otherwise set forth in Section 20.6, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToS, (i) you and Prove may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
       
       BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Prove ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
       
       
    3. Arbitration Fees.If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding Section 21.5 of this ToS to the contrary, you will not be required to pay our attorneys' fees or other costs if you do not prevail in the arbitration.
    4. Location.The arbitration will take place in your hometown area if you so notify Prove in your notice of arbitration or within ten (10) days following receipt of Prove's arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Greensburg, Pennsylvania, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Greensburg, Pennsylvania, United States of America, and you and Prove agree to submit to the personal jurisdiction of that court.
    5. Limitations.You and Prove agree that any arbitration shall be limited to the Claim between Prove and you individually.
       
       YOU AND PINPIGEON AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
       
    6. Exceptions to Negotiations and Arbitration.You and Prove agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Prove's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration.
    7. Governing Law.Except as otherwise provided in this ToS, this ToS shall be is governed by, and will be construed under, the laws of the United States of America and the law of the Commonwealth of Pennsylvania, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
    8. Severability.You and Prove agree that if any portion this Section 20 is found illegal or unenforceable (except any portion of Section 20.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 20.6 is found to be illegal or unenforceable then neither you nor Prove will elect to arbitrate any Claim falling within that portion of Section 20.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Greensburg, Commonwealth of Pennsylvania, United States of America, and you and Prove agree to submit to the personal jurisdiction of that court.
21. General.
    1. ToS Revisions.This ToS may only be revised in a writing signed by Prove, or published by Prove on the Sites.
    2. No Partnership.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prove as a result of this ToS or your use of the Service or the App.
    3. Assignment.Prove may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without Prove's prior written consent, and any unauthorized assignment by you shall be null and void.
    4. Severability.If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
    5. Attorneys' Fees.In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    6. No Waiver.Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    7. Notices.All notices given by you or required under this ToS shall be in writing and addressed to: Prove, LLC., PO Box 835, Greensburg, PA 15601, ATTN: Founder.
    8. Export Administration.You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
    9. Equitable Remedies.You hereby agree that Prove would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    10. Entire Agreement.This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service.

Our Privacy Commitment

Aesthetic11, LLC. ("Prove," "we," "us" or "our") is committed to respecting the privacy rights and concerns of all users of our websites where this Privacy Policy is posted (the "Sites"), the Prove browser extension and other mobile and/or social network apps we distribute (the "Apps" and collectively with the Sites and the services made available through the Apps and the Sites, the "Prove Features"). As such, we have established and implemented this Privacy Policy to inform visitors and users of the Prove Features how we use and protect the information we collect through the Service. By visiting the Sites or using the Prove Features, you consent to Prove's collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.

This Privacy Policy is effective as of the date set forth above and is only applicable to the Apps and the Sites and not to any other website or social network service (including, without limitation, www.facebook.com ("Facebook")) or any other mobile software applications (including, without limitation, the Prove browser extension ("Prove") that you may be able to access from, or interact with, the Prove Features and which websites or applications may have their own data collection and use practices and policies.

This policy answers the following questions:

• What information do we collect about you and how do we use it?
• Will we share your personal information with third parties?
• What choices do you have about the collection and use of your personal information?
• What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain aspects of the Prove Features, but if you do not want to disclose certain personal information to us, you will not be able to use all aspects of the Prove Features. For example, you will not be able to order photographs through the Prove Features without setting up an account and providing certain personal information.

We collect personal information when you log into the Prove Features through your Prove account, create an account through the Prove Features; subscribe to our newsletter; participate in chat rooms, forums, polls, surveys, news groups and questionnaires; participate in contests, sweepstakes, or other promotions; purchase photographs through the Prove Features; or receive customer or technical support. To create an account for the Prove Features, we require you to provide your name, a username, password, mailing address, mobile phone number, home telephone number and email address. When you are purchasing products through the Prove Features, we will also ask for your credit card or other payment information.

Additionally, we may also collect other types of information (known as demographic information) such as your gender, hobbies, occupation, and entertainment preferences information. This demographic information may be associated with your personal information. Should you access the Prove Features through Facebook or integrate the Prove Features with your Facebook profile or Prove account, we will have access to, and collect certain information from that profile or account. We collect your Prove username, password, account photo and the email account associated with your Prove account. We also collect photographs that you submit from Prove to the App. The information that we access from your Facebook profile is determined through the privacy settings that you have established for your Facebook profile and account. For example, we may access and store some or all of the following information from your Facebook profile depending on the privacy settings you have selected through your Facebook account: your name, birthday, gender, user ID number, user ID number of your friends, the email address you use with your Facebook account, your profile picture, and your physical location. We may also collect additional information regarding your hobbies, interests or "likes" that you make available through your Facebook profile and we may group that information with your personal information.

How We Use Your Personal Information

The personal information you provide to us will allow us to alert you of new products or services, features, or enhancements and handle/route your customer service questions or issues; and/or notify you of special events and offers. We also use your e-mail address and mobile phone number to send you messages about the Prove Features and other general announcements.

We use the information regarding your hobbies, interests or "likes" that you make available through your Facebook profile for the purpose of suggesting content to you that we believe you will find interesting. We keep track of your interactions with us, including but not limited to your activity within the Prove Features. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Prove Features. We may also use your personal information to contact you when necessary.

Cookies

"Cookies" are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. Like many websites, we employ cookies in certain areas of the Prove Features to allow us to provide information which is targeted to your interests and to make your online experience more convenient. For example, when you return to the Prove Features after logging in through your account username, cookies provide information to the Prove Features so that the Prove Features will remember who you are. Should you disable cookies in your browser, you will have to provide your account username each time you want to log in.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Prove Features. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Prove Features, if any, the operating system your computer uses, which Prove Features you use and when and how long you use them. We use this information to monitor and analyze how users use the Prove Features, to provide customer service and to maintain and improve the Prove Features.

Our Invitation Service

If you choose to use our invitation service to tell a friend about the Prove Features, we will ask you for information needed to send the invitation, such as your friend's name and email address. We will automatically send your friend an email or instant message inviting him or her to visit the Site(s) or download an App. We may, from time to time, continue to send messages to your friend as a reminder of your invitation. If your friend has not registered with the Sites or the Apps after we have contacted them on 2 occasions, we will stop sending your friend messages and will delete his or her information. Children's Privacy We do not knowingly collect personal information from children under 13. We take children's privacy seriously, and encourage parents to play an active role in their children's online experience at all times.

Will we share your personal information with third parties?

Sharing of Information

We may use your personal information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties, such as, for example, disclosing how many users of the Prove Features are between the ages of 24 and 32 and how many of those users are male or female. We may also disclose and otherwise use, on an anonymous basis, the information regarding your hobbies, interests and "likes" and other non-personal information so that we may obtain new content for the Prove Features.

In addition, we will share the personal information we collect from you under the following circumstances:

• Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Use for the Prove Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Prove Features, or (iv) such action is appropriate to protect the rights, property or safety of Prove, its employees, users of the Prove Features or others.
• Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Prove' assets, user information, including personal information collected from you through your use of the Prove Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site(s).
• Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we have partnered with other companies to host data uploaded through the Prove Features, process payments when you order photographs through the Prove Features and to print those photographs and deliver them to the addresses indicated in your order. While providing services for us, these companies may access your personal information or the personal information of the individuals that are to receive your photographs. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

This Privacy Policy does not cover the information practices of third party websites linked to the Prove Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. This Privacy Policy also does not cover the information practices of the distributors of the Apps. For example, if you download the Apps through the Apple App Store, you are subject to Apple, Inc.'s privacy policy. You should refer to the privacy policies and statements of other websites and App distributors or contact the respective webmasters of those websites or administrative contacts of App Distributors to obtain information regarding their information collection, use and disclosure policies. When you have clicked on an advertisement or third party logo displayed on the Prove Features which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website. The Prove Features may also have message boards and forums where users can exchange ideas and communicate with one another. When you post to a message board or forum, please be aware that the information you post is made publicly available on-line and you do so at your own risk.

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Prove Features by accessing the "My Account" area of the Prove Features. Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. You may also request that we delete your personal information by sending an email to support@getprove.com. Please note that when you request to have your personal information deleted, we may retain certain personal information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. Opting Out of Receiving Communications from Us If you no longer want to receive our newsletter, e-mails or other announcements, you may unsubscribe by selecting "unsubscribe" in your account, writing to us at support@getprove.com or replying to the unsubscribe link at the bottom of our e-mails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Prove will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Greensburg, Pennsylvania with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Prove employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Prove Features. All Prove personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Prove Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

European Commission's Directive on Data Protection - Safe Harbor

Prove adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on this page.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at  support@getprove.com

Terms of Service

Please read the Terms of Service at getprove.com/tos governing the use of the Site(s) and the Prove Features.