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Terms of Service

Introduction

Use of this Website, and information distributed and services offered in conjunction with this Website, are offered to you on your acceptance of these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this Website. Your use of this Website, the services offered through this Website, or of any content presented in any and all areas of the Website indicate your acknowledgment and agreement to these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our Website. We suggest you print a copy of each of these documents for your records.

Proud Photography, Inc. and www.proudphotography.com (“the Company”), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions, the Company’s fee structures, or the Company’s money back guarantee policies without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms and Conditions shall constitute your acceptance of all such changes.

IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE OR THE SERVICES OFFERED.

THE COMPANY AUTHORIZES YOU TO VIEW AND ACCESS A SINGLE COPY OF THE CONTENT AVAILABLE ON OR FROM WWW.PROUDPHOTOGRAPHY.COM (THE "WEBSITE") SOLELY FOR YOUR USE. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.

Your Conduct

This Website may be used only for lawful purposes of accessing photography courses. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:

The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

Taking any action that imposes an unreasonable or disproportionately large load on this Website 's infrastructure.

If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.

Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.

Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.

Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.

Framing of or linking to any of the Website content or information available from this Website.

Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.

Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.

Engaging in any screen scraping or data acquisition and consolidation.

Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website content or the pages making up this Website.

Infringing the intellectual property rights of others in any way.

Making any unauthorized commercial or noncommercial use of this Website.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

You are solely responsible for the information that you input or upload to the Website, including but not limited to personal information, and represent and warrant that all information submitted by you is your own information and is complete, truthful, and accurate. The Company does not assume any responsibility for errors, inaccuracies or omissions in any of your information uploaded to the Website and reserves the right in its sole discretion to decide whether the data and information that you input or upload to the Website is appropriate and complies with these Terms and Conditions and other of the Company’s policies.

The Company does not assume any responsibility for errors, inaccuracies or omissions in any of information uploaded to the Website by other users.

The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

No user may alter the submission of any other user in any manner.

By submitting content to any public area of this Website, you grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any user or subscriber to access, display, view, store and reproduce such content.

You warrant and represent that all content posted by you on this Website does not infringe upon the rights of any third parties, including but not limited to copyrights. You also warrant and represent that if you are not the holder of the rights granted herein, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the rights to the Company as stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

You will indemnify and hold harmless the Company, its employees, directors, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your violation of these warranties and representations.

Enrollment

Once a student’s payment is accepted, the student becomes enrolled in the course and the course materials are then made available to the student. The student will be assigned a personal tutor(s) who will give feedback and grade the student’s work. Student’s successfully completing the course(s) will receive a Certificate of Completion.

Students have no deadline in which to complete a course, provided, however, if courses are not completed within a purchased enrollment time, a new enrollment fee is due if the student wishes to continue the course. Once enrollment fees are paid, the student can then continue the course without interruption for as long as the purchased enrollment period is valid. There is no limit to how many times a student can enroll in the course. Enrollment periods for different courses may vary. The enrollment period is specified in the course's description and it's students' responsibility to check and understand what the enrollment period for their particular course is.

Students understand and acknowledge that while the Company offers money back guarantees (MBG) in certain situations, the Company’s MBG policy may be different for different courses, and the student is obligated to be familiar with the MBG for each course. Nevertheless, in all situations the MBG is available only if one of the following occurred:
a) student who enrolled in the course never actually started the course, that is, never submitted assignments or had access to the course materials, or
b) if after completing the entire course including all assignments and exercises, a student is still not satisfied with the results.

Use of Website Content

The Company takes no responsibility for determining the suitability of any of the information or services provided for anyone’s personal or business needs or requirements. The information and services provided on the Website may not be suitable for your personal needs. You are advised that information provided on this Website is often subject to updating and no assurance can be given that the content will reflect the most recent information.

The Company does not assume any responsibility for errors, inaccuracies or omissions in any information posted on the Website.

This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Any reliance upon the material on this Website will be at your own risk. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

The Company has no liability or responsibility to users for performance or nonperformance of the activities and opportunities offered on this Website, and makes no guarantee or representation of any benefits or results that may be obtained by using this Website and any of the services or information offered.

Customer Comments

We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Intellectual Property

“Proud Photography.”proudphotography.com”, and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.

This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation, graphics, and all course materials) is the property of Company and is protected by copyright laws of the United States and other countries. The Company reserves any rights not expressly granted to you.

You may not sell or modify the Website content or course materials, or reproduce, display, publicly perform, distribute, or otherwise use the Website content or course materials in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other Website or in a networked computer environment for any purpose is prohibited.

Links

This Website may contain links to other sites and banner ads that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of use of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements.

DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE SITE.

YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL SITUATION. NEITHER THE SOFTWARE PROVIDED NOR THE COMPANY CAN VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE INACCURACY OR UNSUITABILITY OF CONTENT INPUTTED BY YOU. THE SERVICES AVAILABLE FROM THE COMPANY ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE, AND YOU ARE RESPONSIBLE FOR OBTAINING SUCH MEDICAL OR OTHER PROFESSIONAL ADVICE AS APPROPRIATE.

YOU UNDERSTAND THAT YOUR INFORMATION WILL BE STORED, PROCESSED, AND BE ACCESSIBLE FOR RETRIEVAL FROM THE COMPANY’S WEBSITE, AND YOU CONSENT TO SUCH STORAGE, PROCESSING, AND RETRIEVAL. THE SOFTWARE ACCESSIBLE TO YOU ON THE WEBSITE WILL ACCOMPLISH THE STORAGE, PROCESSING, AND RETRIEVAL WHEN YOU REGISTER. FURTHER INFORMATION REGARDING THE PRIVACY OF DATA IS AVAILABLE FROM THE COMPANY’S PRIVACY POLICY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR YOUR USE OF ANY SERVICES OFFERED BY THIS WEBSITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE OR THE SERVICES OFFERED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, INSTRUCTORS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE, (III) ANY WEBSITE CONTENT OR SERVICES THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Breach of Agreement

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website. Upon such action undertaken by Company, Company in its sole discretion, may, among its other legal remedies, retain any unused membership fees.

Additional Terms and Conditions

These Terms of Use, the Website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and Company with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page.

The Company makes no claims that the Website content may be lawfully viewed or accessed in any specific countries or local jurisdiction. Access to the Website content may not be legal by certain persons or in certain countries or local jurisdictions. When you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, Company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased or obtained through this Website, or any other representation, warranty or guaranty.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.

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