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passwords may be used only in accordance with the terms and conditions of this Agreement.To the <br />extent legally permitted,(a)Client shall be responsible for the acts or omissions of any person who <br />accesses the Services using passwords or access procedures provided to or created by Client and (b) <br />Client hereby releases PhotoShelter from any and all liability concerning such transactions or activity. <br />Client agrees to notify PhotoShelter immediately of any actual or suspected loss,theft or unauthorized <br />use of its or its Registered Users’ (defined above) account or password. <br />2.3.Availability.PhotoShelter will use commercially reasonable efforts to ensure that PhotoShelter <br />Brands is available 24 hours a day,7 days a week.PhotoShelter reserves planned outages of the <br />Services,especially those requiring downtime,for purposes such as large scale system upgrades and <br />maintenance.PhotoShelter will notify Client as soon as reasonably practicable of any unplanned <br />outages, and with a minimum of 72 hours before planned outages. <br />2.4.Site Service and Technical Support.Where needed,PhotoShelter will provide routine phone support <br />to Account Administrators and Editors,but not to Registered Users,in respect of use of the Services <br />during PhotoShelter ’s business hours of Monday through Friday 9:00AM ET to 6:00PM ET,excluding <br />public holidays in the United States.Client is solely responsible for providing support to its Registered <br />Users. <br />2.5.Limitations.PhotoShelter will not be responsible or liable for any failure in the Services resulting <br />from or attributable to (a)Client Posted Content;(b)failures in telecommunications,network or other <br />service or equipment outside of the facilities used to host the Services;(c)Client's or any third party’s <br />products,services,negligence,acts or omissions;(d)any cause beyond PhotoShelter ’s reasonable <br />control;or (e)scheduled maintenance in accordance with the terms herein (collectively,“Downtime <br />Exclusions”). <br />2.6.Modifications.PhotoShelter reserves the right to modify or discontinue any Services (in whole or in <br />part)at any time,provided that PhotoShelter will use commercially reasonable efforts to give thirty (30) <br />days’prior notice to Client (via email or through the Service)of material changes to the core Services, <br />and further provided that in the event such modification or discontinuance materially reduces the <br />functionality of the Services used by Client in accordance with this Agreement,Client may terminate this <br />Agreement upon at least fifteen (15) days’ prior written notice to PhotoShelter. <br />2.7.Backups.Although PhotoShelter uses industry standard methods to store and preserve Posted <br />Content,including performing backups of data in near real-time and by providing geographic server <br />redundancy in multiple locations,including without limitation Client Posted Content,it is always a best <br />practice to backup all important data.Therefore,PhotoShelter strongly encourages Client to perform <br />regular backups of Client’s Posted Content,and Client acknowledges and agrees that PhotoShelter is not <br />responsible or liable in any way for the failure to store,preserve or access Posted Content or other <br />materials that Client transmits, stores, archives or otherwise makes available on or through the Services. <br />2.8.Content Removal.PhotoShelter has no obligation to screen or monitor any images,information or <br />data for any purpose,including without limitation any Posted Content or any other content provided by <br />DocuSign Envelope ID: CD0FD970-80CE-4AFC-8C81-687F53A99423