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Membership Terms & Conditions

Pro Photo Support Membership Terms & Conditions

Hi.  We’re Pro Photo Support ( Pro Photo Support or we or us) and we’d love to welcome you to the Pro Photo Support Membership service.  But, seriously, first please take the time to read and understand these Membership terms and conditions (Membership Terms).  They govern your (your or you) use of the Pro Photo Support Membership service (Site) as a member.

Once you click “I agree”, you agree to the Membership Terms as a legally binding contract between you and Pro Photo Support.

If you do not want to agree to these Membership Terms, we’re sorry but our friendship will have to end there!

In these Membership Terms, Content means all the content available on the Site including tutorials, courses, screencasts, eBooks, sample files and user forum content.

1. Membership

If you are under 18 years, you need your parents’ permission before becoming a member and accessing the Site.

Your Membership is non-transferable.  You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.

You are responsible for every use of the Site that occurs in conjunction with use of your username and password.  You must use reasonable efforts to keep your username and password confidential.  You must notify us as soon as you become aware of any unauthorized use of your membership, username or password.

Membership is based on periodic subscription fees which are detailed on the Site’s sign up page.  Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.

You may also have rights granted to you by law which may entitle you to a refund of fees in specific circumstances.  Apart from those things, refunds of subscription fees will not be made.

2. Availability and Use of the Site

The Site will usually be available 24 hours a day, seven days a week.  We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.

When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.

We offer a wide variety of exclusive Content on the Site for your educational and learning needs.  The Content will be updated, changed or removed from time to time, at our discretion, there is no guarantee that specific Content will be available on the Site.

3. Rights to Content; intellectual property

Each item of Content is copyright of its author.  We own any Pro Photo Support contributed Content, and all other rights in the Site including its design, compilation, look and feel.

Your membership gives you a right (a revocable, non-exclusive license) to use the Content for personal purposes.  You must not redistribute Content (such as tutorials, eBooks, courses and source files). Any photos, audio samples or other assets in source files are included to demonstrate the course or tutorial. You may use, modify and manipulate source files for your own personal educational purposes, but you must not otherwise exploit the source files and the assets in them, or redistribute the files or assets.

You may freely use the effects and techniques demonstrated in the Content for any commercial or personal purpose.

The trade marks and logos displayed on the Site are, unless otherwise stated, those of Pro Photo Support and others, and you must not use these without the approval of the relevant owner.

3. Fair use and prohibited conduct

You are permitted to download Content to your computer as part of your membership.  But your membership is subject to a ‘fair use’ policy.  Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable.  For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content.  We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.

You must not use scripts to automatically mass download Content.

You also must not:

  1. use a false email address, impersonate others, or misrepresent your affiliation with others;
  2. insert advertising, branding or other promotional content into the Site or Content;
  3. attempt to gain unauthorized access to computer systems or materials through the Site;
  4. engage in automatic gathering of information from or through the Site (such as “spidering”, “crawling”, “screen scraping”, “database scraping” or “harvesting” of Content, e-mail addresses, or other personal contact information);
  5. attempt to interrupt or alter the Site’s operation in any way;
  6. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
  7. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.

4. Intellectual property complaints

We respect intellectual property rights of others, and you are required to do the same.

Please contact us if you believe that your intellectual property or other rights are being affected on the Site.

If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:

  1. your address, telephone number, and email address;
  2. a description of the location of the alleged infringing material;
  3. a description of the copyright work that has been allegedly infringed; and
  4. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.

5. Forum and community rules

Please read our Forum and Community Rules, which are part of these Membership Terms and apply to content contributed to the Sites by members (such as comments, reviews and forum posts).

We reserve the right, but are not obliged, to monitor all matter posted to the Site.  We are not responsible or liable for material posted by others.  We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.

You must not upload or post any materials that:

  1. restrict or inhibit others’ use or enjoyment of the Site;
  2. are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
  3. infringe others’ rights, including privacy or intellectual property rights;
  4. disclose personal information about others, particularly sensitive information;
  5. contain a virus, spyware, or other harmful component; or
  6. contain commercial solicitation or ‘spam’ of any kind.

6. Privacy

Our information collection and use of any personal information about you is set out in our Privacy Policy.

Personal information that you disclose may be used by Pro Photo Support, its agents and contractors in relation to your membership and the Site, including marketing activities for the Site.

We may disclose any personal information as necessary to satisfy any law, regulation or government request.

7. Refusal, suspension or termination of membership

We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.

8. Liability and disclaimer

Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms.

Except as provided in an applicable Non-excludable Law:

  1. we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and
  2. we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Site.

9.  Changes to Membership Terms

We may change these Membership Terms from time to time, but we will notify members before doing so.  You will be given the opportunity to cancel your subscription with a pro-rata refund (based on time remaining in your subscription) if you do not want to accept the changes.  If you do not opt out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.

10.  Applicable Laws

We control and operate the Site from our offices in the Uninted States. The laws of Georgia, United States govern these Membership Terms, and you and Pro Photo Support submit to the jurisdiction of the courts there.

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