Please read these Terms of Use carefully, as they contain important information about limitations of liability, requirements of notice of any claim, limitation on damages, and class action waiver. By agreeing to these Terms, you and Kamera Workshops agree you will not bring suit against Kamera Workshops, LLC unless you have first provided written notice of claim to Kamera Workshops within 30 days of any alleged incident leading to your claim. You also expressly agree to waive any right to bring a claim as part of a class or representative.
GENERAL
Kamera Workshops, LLC (“we” or “us” or “our”) offers a service by providing a Photography Workshop marketplace at www.kameraworkshops.com (the “Site”). User shall mean any person visiting our Site, and/or booking a workshop on our Site (“user” or “you”). The Site is provided solely to assist you in connecting with photographers and educators who have listed their photography workshops on the Site (collectively “Photography Workshop Suppliers”), determining the availability of photography workshops and related goods or services, making legitimate photography workshop bookings, and registering as a photographer or educator to list your workshops on the Site and for no other purposes. We offer the Site, including all information, tools, and services available from the Site to you conditioned upon your acceptance without modification of all terms, conditions, policies and notices of Kamera Workshops, LLC. The Site Terms of Use, Privacy Policy and Anti-Discrimination Policy (collectively, the “Terms”) apply to every user of the Site. By using the Site, (even just browsing the Site on the web or an app), you agree to these Terms, our Privacy Policy, and the Anti-Discrimination Policy. The Terms are a legally binding contract between you and Kamera Workshops. If you do not agree to the Terms, please do not use or book any workshops through this Site. This contract sets out your rights and responsibilities when you use www.kameraworkshops.com on the web, on a mobile app, or through any other means or devices to access any of our Services (“Services”), so please read it carefully. Please note that the Section Titled “CLASS ACTION WAIVER & NOTICE OF CLAIM” explains the necessary requirements in bringing a claim or dispute. You are waiving the right to participate in a class or representative action and are required to send Kamera Workshops, LLC notice of an intent to bring a claim. Please read the Section carefully, as it affects your rights.
USER TYPE
Kamera Workshops seeks to connect photographers and educators alike to advertise photography tours that they are planning and hosting to the general public. Our Terms (Terms of Use, Privacy Policy, and Anti-Discrimination Policy) apply to everyone (users, buyers, third parties, and Photography Workshop Suppliers. There are additional policies that shall apply to you if you are a Photography Workshop Supplier.
PHOTOGRAPHY WORKSHOP SUPPLIERS. If you register and list any photography workshops through our Services, these additional policies apply to you. You can read them here.
USE OF OUR SERVICES & SITE
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services and Site – subject to the Terms and the following restrictions:
1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with the use of our Services or Site. This includes all local, state, federal, and international laws that may apply to you. If you are a supplier, you may be obligated to obtain permits and licenses prior to listing your services on our Site. Please confirm and meet all applicable legal requirements for your respective jurisdiction at all times. You may not list or sell anything that violates any laws; you must comply with all current Sanctions that apply to you (i.e. prohibitions against selling products or services to certain residents of certain countries or travel to certain destinations), you may not engage in fraud of any type, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against any user or buyer, Kamera Workshops, any other supplier or a third party.
2. Pay all Fees & Taxes. As part of your registration as a Photography Workshop Supplier, you agree to pay certain fees and all taxes (if applicable) for all photography tour bookings you make through our Services or on our Site. Some counties, states, or countries may collect a tax on the sales of your Services. It is your obligation as the Photography Workshop Supplier to understand, calculate and collect all applicable taxes. Kamera Workshops, LLC shall not be liable for any taxes you fail to collect, and you shall indemnify Kamera Workshops for any taxes owed resulting from your failure to collect and pay any and all applicable taxes attributable to your photography tour listings and bookings. To remain active in the Photography Tour Marketplace, you must timely submit payment for all fees and collect all required taxes.
3. Don’t Hack, Steal or Try to Harm Our Systems. You agree not to do the following with our Service or on our Site:
(a) submit false, misleading information or conduct fraudulent activities; (b) 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 Site or any related site, other websites, or the internet; (c) to collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) for any obscene or immoral purpose; or (f) to interfere with or circumvent the security features of the Site or any related site, other websites, or the internet.
In addition, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the service is provided, without express written permission by us. We reserve the right to terminate your use of the Site if you engage in any of the behaviors listed in this section. If your booking account shows signs of fraud, we may cancel bookings associated with your account and close your account. If you have conducted fraudulent activity, we reserve the right to take any legal action against you and you may be liable for losses, including litigation costs and damages.
4. Follow Our Trademark Policy. The name “Kamera Workshops” and any logos, slogans, marks or designs reflecting our business and for use in connection with our Services or Website are trademarked in the US. If you’d like to use our trademarks for marketing purposes (or for other purposes), you may only do so with your express written consent.
5. Comment & Talk to Us Online. If, at our request, or on your own accord, you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation or offer and benefit for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, from time to time, update you with certain legal information in writing via an electronic means only. By using our Services and accessing our Site, you are agreeing to receive Electronic Communications from us. We shall not be liable or responsible if you are unable to receive the Electronic Communications from us as a result of not having access to a computer, mobile device or internet connection, not being permitted to access our website due to country regulations, not having an active account or email address to receive the information, typos in the email address provided or utilized to send the electronic communications, or lacking sufficient storage space to receive the electronic communications from us. If you wish to withdraw your consent to Electronic Communications, please contact us and shall be effective after Kamera Workshops has had a reasonable period of time to process your withdrawal. If we are required to send paper copies of our notices, we may cancel your access to our Services and our Site.
6. Our Right to Refuse Access. Kamera Workshops reserves the right to refuse service, terminate accounts, terminate access, terminate your rights to use Kamera Workshops website, remove or edit content, or cancel your listings in its sole discretion.
YOUR ACCOUNT WITH US
You’ll need to create an account with Kamera Workshops on the Site to use our Services. To do so you must:
1. Be 18 years of age or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with the appropriate permission and under direct supervision. Children under 13 years
of age are not permitted to use our Site or our Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider limiting a minor’s access to.
2. Honesty, honestly. You must provide accurate information about yourself. It’s prohibited to use another person’s name or identity or to impersonate someone (famous or not), through your account with us.
3. Choose an appropriate Photography Workshop name and Company name. All users will utilize their email address as their username. All Photography Workshop Suppliers shall have the opportunity to list their Photography Tours under the Company Name and under a certain Title. You may not use language that is offensive, vulgar, infringes upon anyone’s intellectual property rights, or violates any of these Terms.
4. Responsibility remains with you. You are solely responsible for your account and any activity that takes place on it. If you’re sharing your account with others, the person with their financial information connected to their account will be responsible for all activity logged with your account. If you register a business entity as an account holder, you personally guarantee that you have authority to bind the entity in agreeing with these Terms. All accounts are non-transferrable.
5. No Relationship. These Terms do not create an agency, partnership, joint venture, employment, or franchise relationship between you and Kamera Workshops.
If for any reason, and at any time we find that you inappropriately use our Services, or our Site or we find that your account with us is invalid or in violation, we reserve the right at our sole discretion to deny access to the Site and the services we offer at any time for any reason, including but not limited to, violating the Terms.
THIRD-PARTY SOFTWARE
Through our Site we may provide you with access to third-party software and tools (“Tools”) over which we neither monitor nor have any control nor input (such as comment sections). You acknowledge and agree that we provide access to such Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Tools are provided by the relevant third-party provider(s). For example, Google Maps may be used through our Site and are governed by the Google Terms of Use and the Google Privacy Policy. We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use and Privacy Policy.
MOBILE AND MOBILE APPS
Kamera Workshops, LLC may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. You agree that for the functions or services which are part of your registration with Kamera Workshops, LLC, we may send communications to your mobile device regarding the functions or services you have registered to be able to use relating to Kamera Workshops, LLC You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
SUPPLIER’S CONTENT
Content that Photography Workshop Suppliers post to our Site shall be herein referred to as “Supplier’s Content.” We do not own, have rights to, or have any affiliation with the Supplier’s Content including, but not limited to, company names, individual names, listing photographs, individual photographs, listing descriptions, reviews, comments, videos etc. Photography Workshop Suppliers are solely responsible for the Supplier’s Content. Photography Workshop Suppliers represent and warrant that they have all necessary rights to all Supplier’s Content, and they are not infringing on any intellectual property rights by posting on the Site.
All content posted to the Site shall never contain any content that is inappropriate, abusive, discriminatory, defamatory, obscene, vulgar, false, or misleading. Such content shall be removed immediately and shall subject your account to termination.
By posting on the Site, Photography Workshop Suppliers grant Kamera Workshops, LLC, as authorized by Kamera Workshops in its sole discretion, third parties, a non-exclusive worldwide, royalty-free, irrevocable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare works of Supplier’s Content. While we don’t claim ownership of the Supplier Content, we have your permission to use Supplier Content to market and promote our Services and the Services offered on our Site. You recognize and agree that we have a legitimate business interest in using Supplier Content to promote our Site and Services and agree not to assert any claims or rights to inappropriate use of Supplier Content.
If your content infringes upon another person or entity’s intellectual property rights, or we are given notice of the same, we will take appropriate action to remove it immediately and your account may be subject to immediate termination. We will contact you if this happens. If you believe your content has been infringed upon, please contact us and verify your ownership of said content.
COPYRIGHT USE
All contents of the Site belong to Kamera Workshops, LLC. All rights reserved. Other logos, product and company names available on or through the Site may be the trademarks of their respective owners. Kamera Workshops, LLC is not responsible for content on Sites operated by third parties including any booking Site outside of the Kamera Workshops Site.
DISPUTES WITH USERS OR SUPPLIERS
We are committed to excellence in dealing with our Photography Suppliers and Buyers. If you have a dispute with a User/Buyer or a Supplier, we ask that you contact the other party and deal with them amicably to resolve the dispute. If you have booked a photography workshop with a
Photography Workshop Supplier, you are subject to their terms and conditions and should refer to those terms and conditions to determine the appropriate method of contact.
If you are unable to resolve our dispute relating to a booking you made on our Site or through our Services, you can submit a case to us at: [Email address] or [physical address] or [website link]. Depending on the claim, we may or may not have the ability to make an adjustment or correction, as the final authority for all disputes shall lie with the Photography Workshop Supplier. You hereby release Kamera Workshops LLC from any claims, demands, and damages.
PHOTOGRAPHY WORKSHOP BOOKINGS
Our Workshops can be reserved through the Site and are subject to these Terms, and the Photography Workshop Supplier’s terms and conditions. By using our Site you agree to these Terms. To book a photography workshop via the Site, please select the appropriate photography workshop, and after reviewing the information relating to the workshop, select “Book Now.” Upon selecting “Book Now” you will be directed to the Photographer’s Workshop Supplier’s website. It is on the Photographer Workshop Supplier’s website that you will process your payment and confirm your booking. All payments shall be made directly to the Photographer Workshop Supplier and no payments shall be made to Kamera Workshops for any Photography Workshop bookings. All communication, confirmations, workshop itineraries and details regarding your booking will be obtained directly from the Photographer or his/her team facilitating the workshop. Kamera Workshops shall have no involvement in the booking or booking management process. If you have concerns about your booking with a Photographer Workshop Supplier listed on our Site, please direct your concerns to the Photographer Workshop Supplier. If you have concerns or feedback about the quality of the Workshop or the Photographer listing the Workshop, please first provide such feedback to the Photographer Workshop Supplier, and if still concerned, please email us at: [email protected].
DISCLAIMER OF WARRANTIES & NON-RESPONSIBILITY
Kamera Workshops, LLC and its employees, shareholders, agents, and representatives list third party suppliers on the Site. Kamera Workshops is an independent contractor and is not an employee, agent, or representative of any of these Photography Workshop Suppliers. Kamera Workshops does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies workshops listed on the Site. All suppliers are independent contractors and are not agents or employees or representatives of Kamera Workshops. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Photography Workshop Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing their services, all users/buyers agree that neither Kamera Workshops, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any buyer or their belongings, or otherwise, in connection with any photography workshop supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Kamera Workshops. Kamera Workshops assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any user or buyer that may result from any act or omission on the part of others; Kamera Workshops assumes no responsibility or liability for personal property; and Kamera Workshops shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation.
Workshop Listings. We cannot and do not make any warranties about the quality, safety, authenticity, legality or expertise offered by any Supplier Content listed on our Site. You release Kamera Workshops from any claims related to photography workshops listed and sold through our Services or on our Site, including misrepresentations by Photography Workshop Suppliers, all forms of injuries arising or as a result of your travel to, during and from your photography workshop/s, including but not limited to emotional or physical injuries, and death. We make no representations concerning the Supplier Content posted that it is accurate, in compliance with all laws and regulations, or that the content is decent for your viewing. You release Kamera Workshops from all liability relating to Supplier Content.
Communications on the Site. You can communicate with others on our Site; however, you understand that we do not screen, or background check out users and Photography Workshop Suppliers. You hereby release us from all liability relating to any interactions you have with any other users or Photography Workshop Suppliers you come in contact with via our Site.
Third Parties. You will find links listed on our Site to third-party websites for Photographer Workshops. We allow photographers to list Photographer Workshop opportunities and services on our Site; however, we do not own or have any control over the third-party links or websites and we do not process booking payments on our Site. When you access a third-party website, you do so at your own risk. The Photographer Workshop Suppliers and/or other third parties may require you to agree to accept their terms and conditions. Kamera Workshops is not a party to their terms and conditions and such agreements made are between you and the third-party. Kamera Workshops shall not be liable to you or any third-party for any claims, damages, or losses associated or resulting from links, or third-party websites accessed from our Site.
Warranties. Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, content or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We may remove the Site for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuation of the Site. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
In no case shall Kamera Workshops, LLC, our members, 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 the Site or any of the service or products procured through the Site, or for any other claim related in any way to your use of the Site 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 Site or any content (or product) posted, transmitted, or otherwise made available via the Site or our promotional documentation, even if advised of their possibility.
If despite the limitation above, Kamera Workshops, LLC or our respective suppliers are found liable for any loss or damage arising from the above causes, then the liability of Kamera Workshops, LLC and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to Kamera Workshops, LLC in connection with Kamera Workshops Services or (b) One Hundred Dollars (US$100.00).
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kamera Workshops, LLC and our members, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ERRORS ON OUR WEBSITE
Prices and availability of workshops and Services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for workshops and/or Services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors on our part in listing the workshop or due to an error from the Photography Workshop Supplier. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Photography Workshop Supplier shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and right to enforce the other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services. You can terminate your account by contacting us at [email protected]. Termination of your account may impact your listings if you are a Photography Workshop Supplier. Any fees currently owing would need to be paid in full upon termination or you will be in breach of these Terms. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof). When we terminate your account, you may lose any information associated with your account, including any workshop listings you have posted as available for booking.
CHANGES TO THESE TERMS
We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the ‘revised’ date of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Site after the date such revised Terms as posted.
GOVERNING LAW & VENUE
This agreement shall be governed by and construed in accordance with the laws of the State of Kentucky exclusive of conflict of law rules. Any claims shall be brought in a court of competent jurisdiction located in Kentucky.
CLASS ACTION WAIVER & NOTICE OF CLAIM
You agree that any and all claims shall be brought against Kamera Workshops, LLC in your individual capacity and not as a plaintiff representative or class member in any purported class action or representative proceeding. If you intend on bringing a dispute or claim against Kamera Workshops, LLC, you must first provide a notice of claim listing your full name, address, username (if applicable), Photography Workshop Supplier name (if applicable), phone number, information about the dispute, and how you would like for it to be resolved (“Notice of Claim”). The Notice of Claim shall be emailed to [email protected] and must be sent within 30 days of the alleged incident or reason for your claim. You must allow us up to 30 days to respond to your Notice of Claim and the Parties agree to make a reasonable attempt, in good faith, to resolve the claim prior to filing any claim with any court or otherwise. The parties agree that all statutes of limitations shall be tolled for the 30-day period. You agree that no claims will be considered and that you shall not bring suit against Kamera Workshops, LLC unless you have first provided a written Notice of Claim to Kamera Workshops and waited 30 days for a response.
ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Policy and Anti-Discrimination Policy constitute the entire agreement and understanding between you and Kamera Workshops, LLC, and govern your use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.