Terms & Conditions
Welcome to learn.magnumphotos.com (the “Site”). This Site is made available by Magnum Photos, Inc. (“Magnum Photos”, we”, “us” and “our”) and it offers online photography classes (“Services”) solely under the following terms and conditions (“Terms”).
By browsing and using this Site and ordering any Services you are agreeing to comply with and be bound by the following Terms which, together with our Privacy Policy, and Purchase Terms governs our relationship with you.
PLEASE READ CAREFULLY
These Terms create a legal agreement between you and Magnum Photos providing, among other things, the terms and conditions for your access to our Services. These Terms are effective immediately and dated 21 November 2018.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of Services or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
If any of these terms or any future changes are unacceptable to you, do not use this site or any of the services. These terms contain warranty and liability disclaimers and an arbitration clause. By using the site, you accept and agree to the terms without any reservations, modifications, additions or deletions, and whether or not you have read them. If you do not agree to the terms, you are not authorised to use this site. You may be denied access to the site with or without prior notice if you fail to comply with any provision of this agreement.
1. AUTHORIZED USERS
If you are under 13 years of age, you are not authorized to use the Site or the Services, with or without registering. In addition, if you are under 18 years old, you may use the Site and access the Services only with the approval of your parent or guardian. By using the Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
2. PASSWORDS AND REGISTRATION FOR SERVICES
You may browse the Site without registering, but you may not order any Services, or stream any online classes, without creating an account, completing our checkout process and agreeing to our terms and conditions that includes your name, address, email address and selecting a secure password that must be at least 8 characters long (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in our Privacy Policy. You agree not to: (i) share your registration information with any other person; or allow any third party to use your login information or password. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall promptly notify us of any breach of security by email to learn@magnumphotos.com. In the event we believe that you are sharing your password or otherwise violating the Terms (for example, if there is an unusually high level of use of a purchased online video on multiple devices), we may terminate your account and deny you further access to our Services.
3. LICENSE TO USE THE SERVICES
3.1 Limited License. The Site, the Services, and any online content viewed through the Services are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Site and stream the online courses selected as part of the Services according to these Terms. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. The online courses offered through our Services are available via streaming solely and may not be reproduced or redistributed.
Any use of the site or its services and any content that is not specifically permitted under this agreement is strictly prohibited.
If you wish to use the services or content for any non-personal use, including any academic use contact: learn@magnumphotos.com.
3.2 Prohibited Use. You agree that you will not directly or indirectly: (i) use the Site for any illegal purpose, and any illegal manner, (ii) reproduce, store, modify, distribute, transmit, publicly perform, download or upload for further distribution any of the online courses in whole or in part; (iii); or use the Site or the Services in any way that violates these Terms, including the use of the Services or any content contained therein for any commercial, non-personal use.
3.3 Termination. If we believe that you have violated any of these Terms, we may terminate your license and access to all or any part of the Site at any time, including the Services, with or without notice, effective immediately. Upon termination you must promptly destroy all material downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms or otherwise.
4. SITE INFORMATION/MODIFICATIONS TO SITE OR COURSES
We try to ensure that the information posted on the Site is accurate.
Occasionally there may be information on the Site that contains errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We undertake no obligation to update, amend or clarify information in the Site. No specified update or refresh date applied in the Site, should be taken to indicate that all information in the Site has been modified or updated.
In addition, we reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) including updating, modifying any online course with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any on-line course.
5. PAYMENT FOR SERVICES/RETURNS
The online course ‘The Art of Street Photography’ is currently available for purchase to registered users for personal use or to be provided to a third party as a gift for an all-inclusive fee of $99.00 USD. We use a third-party payment processor and you will be required to provide financial information to the third-party payment processor. You agree to pay use the amount that is specified for and Service or products selected for viewing. We reserve the right to change the price for any products or Services. Any purchase of a course after any price change constitutes agreement to the price going forward. Provided you have not begun to stream the course, you may cancel your order and request a refund within fourteen (14) days of purchase. After fourteen (14) days all sales for purchased online courses are nonrefundable.
6. PROHIBITED ACTS
In addition to other prohibitions as set forth in 3.2, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.
7. COPYRIGHTS
As between you and us, you acknowledge that we own solely and exclusively, all rights, all title and copyrights in and to the Service, including all online courses provided on the Site, or are the sole users authorized to display or transmit the course within the site. All title and intellectual property rights in and to the content provided on the Site is the property of Magnum Photos, or is licensed and authorized for use solely for the purpose of display on the Site, and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you stream any courses from the Site you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this Site (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws.
8. TRADEMARKS
The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of MAGNUM PHOTOS or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits MAGNUM PHOTOS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the Site.
9. PRIVACY POLICY
Our personal information practices on the Site are governed by our Privacy Policy.
10. THIRD-PARTY LINKS
The Site may include materials from third-parties.
Third-party links on this site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. DISCLAIMERS
DISCLAIMER. UNLESS PROHIBITED BY LAW, THE SITE AND THE CONTENT, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY SITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS (D) THE UNAVAILABILITY OF THE SITE OR THE CONTENT (E) YOUR USE OF THE SITE OR THE CONTENT, (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE CONTENT.
IN NO CASE SHALL MAGNUM PHOTOS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY AND TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MAGNUM PHOTO'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
The Services, including the online courses are not intended to offer legal advice concerning the subject of the course. If you or anyone viewing the online courses engage in photography activity, you are solely responsible for observing applicable rules, regulations, restrictions and laws concerning your activity and we will not be responsible for any injury to you or to others or any claims, fines or other costs that may be levied against you.
12. LIMITATION OF LIABILITY
You agree that, unless prohibited by law, any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basi, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act ina reperesentative capacity. You further agree that, unless prohibited by law, no proceeding will be joined, consolidated, or combined with any other proceeding without the prior written consent of Magnum Photos and all parties to any such proceeding.
13. INDEMNITY
You agree to indemnify, defend and hold harmless Magnum Photos and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. ARBITRATION
Any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use shall be resolved by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these terms, we are each waiving the right to a trial by jury or to participate in a class action.
15. GENERAL
15.1 The Terms, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America.
15.2 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15.3 We may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your account, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
15.4 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.
15.5 The section headings are for convenience only and will not be used to interpret this Agreement.
15.6 This Agreement will be binding upon and will inure to the benefit of Magnum Photos and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this Site, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement.
15.7 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination.
15.8 You agree that the language of the contract and all notices shall be in English.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at learn@magnumphotos.com