Terms & Conditions
The following Terms and Conditions of Use (the “Terms”) for the website, www.photographyworkshopreviews.com (the “Site”), govern your use of this Site.
Photographyworkshopreviews.com and Muse Publishing Group, Inc. (“we,” “us,” or “our”) reject any additional or contrary terms you may submit.
PLEASE READ ALL OF THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY CHANGES THAT WE MAY PUBLISH FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITE. IF YOU BREACH ANY OF THE TERMS, YOUR AUTHORIZATION TO USE THE SITE AUTOMATICALLY TERMINATES. THE SITE IS PROVIDED “AS IS” AND AS AVAILABLE. YOU USE IT AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR YOUR CONDUCT AND SUBMISSIONS ON THE SITE. WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT POSTED TO THE SITE. WE RESERVE THE RIGHT TO DISCONTINUE YOUR ACCESS TO THE SITE, AND REMOVE ANY CONTENT FROM THE SITE, AT ANY TIME, AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE.
We reserve the right to modify these Terms from time to time at our sole discretion, without notice to you. Your continued use of the Site constitutes acceptance of any modifications to the Site and the Terms. Unless explicitly stated otherwise, any modifications to the Site are subject to the Terms. You should revisit these Terms on a regular basis because revised versions will affect your rights.
USING THE SITE
You agree that the use of the Site is at your own risk. The Site and all content on the Site are provided AS IS and AS AVAILABLE, for your personal use only. The Site is solely provided as a forum for users to post information and reviews regarding photography related workshops and related services. It is your responsibility to take precautions against viruses, worms, Trojan horses and any other potentially destructive items from users or third party sites. The Site is intended primarily as a passive forum for user-generated content. Accordingly, you understand that when you use the Site, you may be exposed to content from a variety of users, and that we are not responsible for the accuracy, integrity, quality, usefulness, safety, appropriateness, or intellectual property rights in or relating to such content. We are not responsible for any typographical errors relating to any of the content on the Site, including prices, names, and content. We have no obligation to review, monitor, or remove any Site content or other materials, except as required by law. We, nevertheless, reserve the right to remove any content from the Site at our sole discretion.
Because public networks occasionally experience disruptions, we cannot guarantee that the Site will be available all the time. Although we strive to provide the most reliable service possible, interruptions and delays are unavoidable and we disclaim any liability for damages resulting from such problems.
You are solely responsible for your conduct related to the Site and any content you submit to the Site. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules, and regulations. You will use the Site only for purposes reasonably intended by us in providing the Site as a resource for finding and reviewing photography-related workshops and services.
At all times and under all circumstances, you warrant and agree that you shall not, nor shall you authorize, enable, or assist others with, or otherwise do any of the following:
(a) Violate these Terms;
(b) Use the Site for any unlawful, invasive, infringing, defamatory, harassing, abusive, or fraudulent purposes, including but not limited to libel, misappropriation, violation of third party rights of publicity, privacy, false light, contract, fiduciary rights, and intellectual property;
(c) Upload, transmit, or otherwise distribute any content that is false, misleading, profane, commercial, promotional, political, religious, libelous, threatening, obscene, pornographic, hateful, offensive, harmful, vulgar, distasteful, racist, homophobic, or otherwise inappropriate, as determined by us;
(d) Send spam, surveys, or other unsolicited bulk messages of any kind, regardless of the content or nature of the messages;
(e) Submit any information that may transmit viruses, Trojan horses, worms, time bombs, or any other computer programming routine that is intended to damage, interfere with, harm, intercept or expropriate us, the Site, or the Site’s users;
(f) Alter, damage, steal, copy, modify, loan, lease, sell, license, adapt, encode, reverse engineer, transmit, republish, distribute, decompile, disassemble, translate, reframe, reformat or create derivative works of any portion of the Site or its content;
(g) Exploit, sell, license, disclose, develop, or distribute any product designed or intended for use with or incorporating any portion of the Site, without our written permission;
(h) Use any artificial process (including but not limited to any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider,’ ‘web crawler,’ or other automatic device, program, algorithm or methodology, or any similar automatic or manual process), to access, retrieve, monitor, submit, transmit, or copy any content from the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site and any content;
(i) Remove or alter any copyright, trademark, or other proprietary notices included in, on, or affixed to the Site;
(j) Take any action which undermines the Site and its user review process, including bad faith reviews, fake reviews, giving a review in exchange for consideration, and giving consideration in exchange for a review;
(k) Use the Site if you are under the age of 18, lack the power and authority to agree to the Terms, or if we have previously refused or discontinued your access to the Site;
(l) Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
(m) Probe, scan, or test the vulnerability of the Site or any network connected to the Site.
(n) Alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network through the Site; or
(o) Solicit, reverse look-up, trace or seek to trace any information about any other user of the Site or exploit the Site or information offered through the Site, to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by us.
REVIEWS AND SUBMISSIONS TO THE SITE
As a condition of submitting any reviews or content to the Site, you warrant and agree that:
(a) Any reviews you post will be based on your personal opinion and experience only. All of your reviews and ratings will be accurate, honest, truthful, and complete in all respects, based upon your own personal experiences with the workshops or services you are reviewing;
(b) You are solely responsible for your reviews and the content of your submissions;
(c) You grant us a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, assignable, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display and perform, reformat, remove, analyze, commercialize, create derivative works from, and incorporate such content into other works; you grant us all rights necessary to publish or refrain from publishing your name and address in connection with your content; you acknowledge that this license cannot be terminated by you once you submit your content to us;
(d) You grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your content by any other party;
(e) Your user name and information may be made available to the public and to the workshop or service providers that you review;
(f) You represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you, us, and others as described and otherwise contemplated in these Terms, and it does not infringe any copyright or other proprietary right of any other person or entity;
(g) You represent and warrant that each person identified or depicted in your reviews, if any, (and if a minor, then the parent or guardian of the minor) has provided consent to such identification or depiction, consistent with these Terms;
(h) You will not submit reviews for your own workshop or services, a workshop you taught at, sponsored or had any affiliation with as an instructor, speaker, or organizer;
(i) You do not work for, own any interest in or serve on the board of directors of, any of the businesses and services for which you submit reviews;
(j) You are not related (by blood, adoption or marriage, if the servicer is an individual) to any of the services for which you submit reviews or ratings;
(k) You have not received any form of compensation to post reviews and ratings;
(l) You will not submit reviews that comment on other users or the reviews of other users; and
(m) You will not submit reviews with hyperlinks.
THIRD PARTY REVIEWS, SERVICES, AND BRANDS
Reviews and other content on the Site are posted by third party users. We do not review, endorse, guarantee,nor do we accept any responsibility for these reviews, their accuracy, user submitted content, or any third party websites linked or otherwise placed on the Site.
Any dealings you have with third parties are at your own risk. We do not control or endorse any third party workshops or services. We do not guarantee the quality or reliability of any such third party workshops, services, or expertise. We make no representations or warranties about the existence, ownership, accuracy, description, or quality of any workshops or services posted to the Site. You acknowledge and agree that you will not hold us or seek to hold us liable for or in connection with any third party workshops, services, other dealings, or Site reviews.
All trademarks and brand names included in the reviews are the property of their respective owners. We are not connected with them, and any such brand names have been used for educational purpose only.
OUR INTELLECTUAL PROPERTY RIGHTS
Photographyworkshopreviews.com and all associated logos and marks are our trademarks and you shall not use them in any way without our prior written consent. We own all right, title and interest, including all intellectual property rights, in and to the Site. Except as otherwise provided in these Terms, all text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, products, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content, contained on the Site belongs to us, and is protected by trade dress, trade secret, copyright, trademark laws, and unfair competition laws. Unless we have otherwise agreed in writing, nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, for any purpose, or in any manner that is likely to cause consumer confusion, or that disparages or discredits us.
We have a no-tolerance spam policy. We may terminate access to the Site for any user found to be using the Site for spam. If you know of or suspect any violators, please contact us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
You acknowledge that we have no control over, and assume no duty to take any action regarding users’ access to or use of the Site, except as may be required by law. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site.
THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE REVIEWS OR OTHER CONTENT ON THE SITE ARE ACCURATE; (II) THE CONTENT ON THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (IV) THAT ANY ERRORS OR DEFECTS IN THE SITE OR ITS CONTENTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK.
WAIVER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS OUR LIABILITY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST US RELATING TO THE SITE, AND RELEASE US FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY CONTENT THE SITE CONTAINS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST OR DAMAGED INFORMATION OR DATA, DISCLOSURE OF INFORMATION, SUBSTITUTE GOODS, REPUTATIONAL HARM, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, OR INCIDENTAL DAMAGES, HOWEVER CAUSED,WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, FOR ANY REASON OR CAUSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY TO US, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, EXCEED THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATE REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold us, and our directors, officers, employees, agents, and assigns, harmless from any and all third party disputes, demands, causes of action, suits, claims, fees or costs, including attorney’s fees, arising from or related to your use of the site, any third party’s use of the site, your breach of these terms, including your breach of any representations made by you under these terms, or your violation of any rights of another person or entity.
You agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in the state or federal court located in Multnomah County, Oregon. The parties agree to the exclusive personal jurisdiction of such courts in connection with any litigation, and waive all objections to venue and any claim that the forum is inconvenient.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-laws principles. The Terms may not be modified or amended except in a writing signed by us. Any waiver must be in writing. A waiver of any right, default, or provision of these Terms shall not be deemed a continuing waiver or a waiver of any other default or term. Any of these Terms deemed invalid or unenforceable in any jurisdiction shall not render invalid or unenforceable the remaining Terms or otherwise affect the validity or enforceability of any of the remaining Terms. All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provisions about ownership, warranty disclaimers, indemnity, and limitations of liability.
YOU EXPRESSLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.