Term Of Use

These Terms of Use (“Terms”) were last updated on June 13, 2024.

Please review these Terms carefully. They serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.

IF YOU LIVE IN THE UNITED STATES OR CANADA, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH PHOTOGRAPHERS & ACADEMY IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION.

Photographers & Academy’s mission is to empower photographers through education. We enable anyone, anywhere, to create and share educational content (instructors) and to access that educational content to learn (students). We believe our marketplace model is the best way to offer valuable educational content to our users. To maintain a safe user environment, these Terms apply to all your activities on the Photographers & Academy website, mobile applications, APIs, and other related services (“Services”).

If you publish a course on the Photographers & Academy platform, you must also agree to the Instructor Terms. Our Privacy Policy provides details regarding our processing of personal data of our students and instructors. Our Instructor Terms, Privacy Policy, and other policies applicable to your use of our Services are incorporated by reference into these Terms.

By using our Services, you consent to these communications.

Table of Contents

1. Accounts
2. Content Enrollment and Access
3. Payments and Refunds
4. Content and Behavior Rules
5. Photographers & Academy’s Rights to Content You Post
6. Using Photographers & Academy at Your Own Risk
7. Photographers & Academy’s Rights
8. Miscellaneous Legal Terms
9. Dispute Resolution
10. Updating These Terms
11. How to Contact Us

1. Accounts

You need an account to engage in most activities on our platform. Keep your password secure because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, contact our Support Team immediately. To use Photographers & Academy, you must have reached the age of consent for online services in your country.

When setting up and maintaining your account, you must provide accurate and complete information, including a valid email address. You are completely responsible for your account and everything that happens on it, including any harm or damage caused by someone using it without your permission. Keep your password secure, and do not share your account login credentials with anyone else.

2. Content Enrollment and Access

When you enroll in a course or other content, you get a license from us to view it via the Photographers & Academy Services and no other use. Do not transfer or resell content in any way. We generally grant you lifetime access, except when we must disable the content for legal or policy reasons.

Content is licensed, not sold, to you. This license does not give you any right to resell the content. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission in a written agreement.

We reserve the right to revoke any license to access and use any content at any time if we decide or are obligated to disable access to the content for legal or policy reasons.

3. Payments and Refunds

When you make a payment, you agree to use a valid payment method. Photographers & Academy does not offer refunds unless the instructor agrees. If the instructor consents, a refund or credit may be provided within 30 days of the purchase.

Pricing

The content prices on Photographers & Academy are determined based on the Instructor Terms and our Promotions Policy. We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time.

Payments

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. We work with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure.

Refunds

If the content you purchased is not what you expected, you can request a refund within 30 days of your purchase, subject to the instructor’s agreement. If the instructor consents, Photographers & Academy may apply for the refund as a credit to your account or refund it to your original payment method.

4. Content and Behavior Rules

You can only use Photographers & Academy for lawful purposes. You are responsible for all the content that you post on our platform. Keep your reviews, questions, posts, courses, and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others.

You may not access or use the Services for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations. You are solely responsible for knowing of and complying with such laws and regulations that apply to you.

5. Photographers & Academy’s Rights to Content You Post

You retain ownership of the content you post to our platform, including your courses. By posting courses and other content, you allow Photographers & Academy to reuse and share it, but you do not lose any ownership rights you may have over your content.

In legal terms, by submitting or posting content on or through the platform, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods. This includes making your content available to other companies, organizations, or individuals who partner with Photographers & Academy for syndication, broadcast, distribution, or publication of content on other media and using your content for marketing purposes.

6. Using Photographers & Academy at Your Own Risk

Anyone can use Photographers & Academy to create and publish content and instructors, and we enable instructors and students to interact for teaching and learning. You use Photographers & Academy at your own risk.

We do not review or edit the content for legal issues, and we are not in a position to determine its legality. We do not guarantee the content’s reliability, validity, accuracy, or truthfulness. If you access content, you rely on any information an instructor provides at your own risk.

Using the Services may expose you to content that you consider offensive, indecent, or objectionable. Photographers & Academy is not responsible for keeping such content from you and is not liable for your access to or enrollment in any course or other content.

7. Photographers & Academy’s Rights

We own the Photographers & Academy platform and Services, including the website, present or future apps and services, and logos, API, code, and content created by our employees. You cannot tamper with these or use them without authorization.

All rights, titles, and interest in and to the Photographers & Academy platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services, are and will remain the exclusive property of Photographers & Academy and its licensors.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

Binding Agreement

By registering, accessing, or using our Services, you agree to enter into a legally binding contract with Photographers & Academy.

Disclaimers

The Services and their content are provided on an “as is” and “as available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content.

Limitation of Liability

To the extent permitted by law, we will not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services. Our liability to you or any third parties under any circumstance is limited to the greater of $100 USD or the amount you have paid us in the 12 months before the event, giving rise to your claims.

Indemnification

You agree to indemnify, defend (if we so request), and hold harmless Photographers & Academy from and against any third-party claims, demands, losses, damages, or expenses arising from your use of the Services.

Governing Law and Jurisdiction

These Terms are governed by the laws of Ontario, Canada, without reference to its choice or conflicts of law principles. You consent to the exclusive jurisdiction and venue of the courts in Ontario, Canada.

Legal Actions and Notices

Either party may not bring an action arising out of or relating to this Agreement more than one year after the cause of action has accrued.

9. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, you can go to small claims court or bring a claim in binding individual arbitration.

This Dispute Resolution section applies only to residents of the United States or Canada. Most disputes can be resolved, so please contact our support team before bringing a formal legal case.

10. Updating These Terms

Occasionally, we may update these Terms to clarify or reflect new or different practices. If we make any material change, we will notify you using prominent means, such as by email notice or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

11. How to Contact Us

The best way to contact us is to contact our Support Team at support@photographersandacademy.com. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching and learning with us!

SVC Photography Alpha Inc. 199 Goodwin Drive, Guelph, N1L0C7, Ontario, Canada Email: hello@photographersandacademy.com