The following Terms of Service ("TOS") are between you and Photo Uno, LLC ("Photo Uno") and constitute a legal agreement that governs your relationship with Photo Uno. Any use of the service will signify your agreement to be bound by these TOS. If you do not agree to these TOS please do not proceed. We advise that you print or otherwise save a copy of these TOS for your records.
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
1.3 Photo Uno takes no responsibility for the timeliness of the information presented in the seminars, text courses, on the site, or in the database. Information presented is deemed reliable but not correct. The primary source materials included in our database are included only for the reference of the user. Photo Uno does not warrant that any course or information is up-to-date or that any case or material referenced in any course or included in our database is the law at the present moment.
1.4 Photo Uno takes no responsibility for the accuracy of the information related to continuing education requirements in any jurisdiction. Such information is provided only for the convenience of the user. Such requirements information is subject to change without notice, and each user should consult his or her continuing education board for up-to-date information.
2 THE SERVICES
2.1 Photo Uno may provide you with instructors to facility the development and improvement of various Photo Unography skills and techniques ("the Services"). Unless stated otherwise the Services are for your personal and non-commercial use only. Photo Uno cannot guarantee that these services will be offered at all times. Users must promptly report any problems that they might be experiencing with instructors or Photo Uno's facilities.
3 CHILD SUPERVISION
Parents who wish to allow their children access to and use of the Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. In the event that you decide to participate in the Services with a child you shall be fully responsible for its behavior. Photo Uno may suspend your access or child's access to the Services if the child's conduct is inappropriate or in any other way disruptive to the performance of the Service.
4.1 We are committed to responsible data. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Services.
4.2 We use a technology called "cookies" as part of our normal business procedure to track patterns of behavior of visitors to the Web site A cookie is an element of data that the Web site sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Photo Uno be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, Photo Unographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Photo Uno will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 No Content from this site may be copied, republished, uploaded, or otherwise distributed. Notwithstanding, you may download one copy of the materials on any single computer for your personal, non-commercial use, provided that all copyright and other proprietary notices remain intact and are prominently displayed. You may not sublicense, transfer, or otherwise make available any content to any third party for commercial purposes or financial gain or use the content in any other media or in any location. You may not alter or modify the Content provided with courses in any way.
6.3 In using the Services you agree not to:
6.3.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.3.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.3.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.3.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.3.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.3.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.3.7 collect or store personal information about others, including email addresses;
6.3.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.3.9 impersonate any person or entity for the purpose of misleading others;
6.3.10 violate any applicable laws or regulations;
6.3.11 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.3.12 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Web site/Services through hacking, password mining or any other means.
6.4 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Web site/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Web site/Services.
8 LINKS TO THIRD PARTY WEBSITES
Services may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that Photo Uno is not responsible for the content or availability of any such sites because we do not control or operate in any way, information, products or services on these third-party sites. The Content on the third-party sites are provided "as is" and without warranties of any kind either express or implied.
10 INTERNATIONAL USE You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The web site and its content (including without limitation the web site design, text, graphics and all software and source codes connected with the web site and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the web site you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the web site for personal, non-commercial home use only.
11.2 Photo Uno does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold Photo Uno harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Photo Uno by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Photo Uno in consequence of your breach of these Terms and Conditions.
Photo Uno does not warrant the opinions, facts, ideas, and other information presented by instructors and speakers in training seminars and courses. Except as expressly represented otherwise, and to the extent not prohibited by law, all training seminars and courses, including any documentation, publications, handouts, and other information provided by or on behalf of Photo Uno are furnished on an "AS-IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY PHOTO UNO AND ITS CONTENT PARTNERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PHOTO UNO SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS.
14 DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Use of the Services is at your own risk. Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14.2 To the extent permitted by law, Photo Uno will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Services.
14.3 Photo Uno makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services. Due to circumstances beyond our control, the Services may not be available due to force major..
14.4 IN THE EVENT THAT PHOTO UNO SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, PHOTO UNO'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR PHOTO UNO TO USE ITS REASONABLE EFFORTS TO REPERFORM THE TRAINING WITHIN A REASONABLE PERIOD OF TIME; PROVIDED, THAT IN THE EVENT PHOTO UNO IS UNABLE TO REPERFORM, PHOTO UNO MAY ELECT TO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY PHOTO UNO FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF PHOTO UNO'S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE PHOTO UNO'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF PHOTO UNO, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID PHOTO UNO. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND DEATH.
14.5 Do not use the information found in this site for your professional practice. All information is for educational purposes and should be verified correct before use in your law practice.
14.6 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
15 ASSUMPTION OF RISK
15.1 In consideration for receiving permission to participate in the Services, You hereby release, waive, discharge, and covenant not to sue Photo Uno, their officers, agents, or employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, regardless of whether such loss is caused by negligence of Photo Uno or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
15.2 You are fully aware of the risks and hazards connected with the activities of Services, and you are aware that such activities include the risk of injury and even death, and you hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. You understand that Photo Uno does not require you to participate in this activity. You voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, whether caused by the negligence of Photo Uno or otherwise, to the fullest extent allowed by law.
16.1 "Forum" means letters, e-mails or other types of communications to the editors, webmaster(s) or employees of Photo Uno, and messages posted in connection with online audio, text, and video courses on the web site.
16.2 You shall not upload to, distribute through, or otherwise publish through a Forum on the web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
16.3 The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
16.5 By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
17 COURSE AND COURSE CREDIT EXPIRATION
Annual subscription plan credits are valid for 365 days regardless of whether they are used or not. All completed courses must be finished within 365 days of credit purchase. Tests and course material will not be accessible after 365 days. You must complete your courses within 365 days. Annual subscription plans can be renewed. All completed courses certificates are maintained. If you purchase individual credits, they are valid until used, unless you purchase an annual subscription plan after the initial purchase of credits.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
19 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the New York and you hereby submit to the exclusive jurisdiction of the New York courts.
As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, you may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved in New York, New York. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.