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terms and conditions

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terms and conditions

Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between You (hereinafter “You”, “you” or “your”) and Creatalyst LLC (hereinafter “Company”, “we”, “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.takeamazingphotographs.com (the “Website”) including any content, products, programs, program materials, functionality and services (collectively, the “Products” or “Product”) offered on or through our Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Use and Consent

By purchasing or using any of our Products you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Products in any manner constitutes use of the Products and your agreement to be bound by these Terms of Use.

All of our Products are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Products by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Products, you represent and warrant that you are at least 18 years old.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Dispute Resolution will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

Our Limited License to You. Our Products are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Products is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Products, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Products or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Products and Program Materials with permission and restrictions. This means that when you purchase Products from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

You are permitted to use our Products as follows:

You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Products for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.

You may also download and/or print Program Materials for your own personal use.

However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Products titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Products have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.

When you enroll in or purchase our Products, you agree that you are clearly and expressly prohibited from doing the following:

You will not copy, share or steal our Products, or any parts of them.

You will not in any way use, copy, adapt or represent any of our Products in any way as if they are yours or created by you.

You will not engage in improper and/or unauthorized use of our Products. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Products, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

You will not duplicate, share, trade, sell, or otherwise distribute our Products to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Products to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Products.

You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Products for your own personal training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Products.

You will not reprint or republish any part of our Products for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.

You will not use our Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Products. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Products or any other communications provided by us to you promoting or relating to the Products.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Products as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

Your License to Us. By posting or submitting any material on or through our Products, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Products. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Products at any time for any reason whatsoever.

Media Release. By participating in our Products, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Products in our current or future Products, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Request for Permission to use Products

Any request for written permission to use our Products or Program Materials, in whole or in part, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use it by sending an e-mail to hello@takeamazingphotographs.com.

We very clearly state that you may not use our Products, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Products that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the Products in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Products from us, and you consent to immediately stop using such Products and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Products.

Security

When you apply for, enroll in, purchase or use our Products we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (collectively, “Confidential Information”).

By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Products, we take measures to protect the security of your Confidential Information both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Products and you agree that you are doing so at your own risk. Our Products are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Products. Our Products are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products.

We take every precaution to protect our Products. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Products or the contributions or information transmitted to us on or through our Website or our Products. Submitting contributions or information on our through our Products is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Products and you agree that you are assuming such risks.

Disclaimer

Our Products are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Products participant or user, including you.

Legal and Financial Disclaimer. Our Products are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Products is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Products. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Product. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Products and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Products. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PRODUCTS. YOU AGREE THAT PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PRODUCT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Products is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Products become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Products inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Products. These links are provided for your convenience and the inclusion of any link in our Products to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Products. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

By purchasing and/or using our Products in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Products. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products, or in any way or in any location. In the event that you use our Products or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Geographic Restrictions. The owner of the Website is based in the state of Kansas in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Your Conduct

You are agreeing that you will not use our Products in any way that causes or is likely to cause the Products, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer or device to this Website and its Products and to us.

You must use the Products for lawful purposes only. You agree that you will not use our Products in any of the following ways:

For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

To send, negatively impact, or infect our Products with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

To cause annoyance, inconvenience or needless anxiety

To impersonate any third party or otherwise mislead as to the origin of your contributions

To reproduce, duplicate, copy or resell any part of our Products in a way that is not in compliance with these Terms of Use or any other agreement with us.

Communication Guidelines

If you have a question or concern about your Products, you may send an email to hello@takeamazingphotographs.com and we will do our best to reply to your question or concern promptly.

Lifetime Access

The term “Lifetime Access” will be defined as the lifetime of the program known as “Take Amazing Photographs”. If the program ceases to exist, the website and all materials on the website will be removed and access will no longer be possible. If the program is terminated and the materials are removed from the website, you will be notified in writing at least 48 hours in advance and given the option to download the material. You will be granted the rights to continue to use the material downloaded and possessed by you for your lifetime. The materials in your possession will still be held to the Terms of Use here. If you do not download the material during the allotted time prior to the removal of the program, you agree to forfeit your rights to lifetime access.

Purchases and Online Commerce

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Products without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Products will be put on hold until payment is made.

In the event that payment is not received by the date due, the Products will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Products at any time or for any reason whatsoever and you do not qualify for a refund as stipulated by the Refund Policy in this Terms of Use, you still will remain fully responsible for the full cost of the Products.

All information obtained during your purchase or transaction for our Products and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the due date by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Products, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants might have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Products.

Refund Policy

Your satisfaction with our Products is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Products, you are required to submit a refund request in order to qualify for a refund.

Refund requests will only be accepted within 30 calendar days of purchase. Any refund requests submitted after the 30-day deadline will be automatically denied and all payments made shall be forfeited without appeal. In the event that a refund request is denied, you will still remain fully responsible for the full cost of the Products. If the refund request is approved, the refund will be processed within 48 hours of approval. All refund requests must be submitted on our Website at https://www.takeamazingphotographs.com/refund-request/. Any refund requests submitted by any other means will be dismissed. By using and/or purchasing any of our Products, you understand and agree that all sales are final beyond the 30-day refund timeframe.

Termination

You have the right to terminate your use of or participation in our Products at any time by sending an email to hello@takeamazingphotographs.com.

We reserve the right in our sole discretion to refuse or terminate your access to our Products, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Product.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Products, including but not limited to our Website, private forum, email communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Products at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution

It is hoped that should there ever be any differences, you and Company will be able to work them out amiably through email correspondence. However, should resolution within a reasonable time be deemed not possible, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an email to at hello@takeamazingphotographs.com and include all of your reasons for dissatisfaction with your Product. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. You and Company jointly agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Products you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Barber County in the State of Kansas where Company is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between you and Company, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage Company, any of its employees or any of its Products. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect.

Confidentiality and Privacy

Confidential Information. To use our Products, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Products (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy, which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Products, (3) to periodically send promotions about new Products or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Products you purchase or use according to your interests and/or (6) for support or communication related to your Product.

Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Products, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How We Use Cookies. We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Products may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Products.

Passwords. To use certain features of our Products, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Products, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they might be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Products, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Products following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Your Comments and Concerns. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@takeamazingphotographs.com. Thank you.

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