TERMS OF USE

1. Terms

By accessing this website (photoserge.com or related sites), you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Photo Serge's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Photo Serge's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Photo Serge at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Photo Serge's website are provided "as is". Photo Serge makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Photo Serge does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Photo Serge or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Photo Serge's Internet site, even if Photo Serge or a Photo Serge authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Photo Serge's website could include technical, typographical, or photographic errors. Photo Serge does not warrant that any of the materials on its website are accurate, complete, or current. Photo Serge may make changes to the materials contained on its website at any time without notice. Photo Serge does not, however, make any commitment to update the materials.

6. Links

Photo Serge has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Photo Serge of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Photo Serge may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. SMS Terms of Service

By opting in to receive SMS messages from Photo Serge, you agree to receive text messages related to your inquiries, account notifications, course updates, order confirmations, and service communications.

• Message frequency may vary. Message and data rates may apply depending on your mobile carrier.
• You can opt out at any time by replying STOP to any message. For assistance, reply HELP or contact our support team.
• Consent to receive SMS messages is not a condition of purchasing any goods or services.
• Carriers are not liable for delayed or undelivered messages.
• You must be at least 18 years old to use this website and services.

9. Purchases and Sales Policy

All purchases of products, courses (including the Institute of Photography Program), workshops, or other offerings are additionally governed by our Terms of Sale and Refund Policy (available at photoserge.com/sales-refunds or upon request). By completing a purchase, you acknowledge and agree to both these Terms of Use and the separate Terms of Sale and Refund Policy, including any applicable refund windows, processing fees (such as the 10% fee for Institute refunds), and non-refundable payment plan terms.

10. Governing Law

Any claim relating to Photo Serge's website or services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Pinellas County, Florida.

11. Content Submitted or Made Available for Inclusion on the Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Photo Serge LLC a worldwide, non-exclusive license to use the content and are representing and warranting to Photo Serge LLC that the content is owned or duly licensed by you, and that Photo Serge LLC is free to publish, distribute, and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of Photo Serge LLC's agreement to allow you to post Content to the Site and Photo Serge LLC's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Photo Serge LLC as follows:

You acknowledge that:

• By uploading your photographic or graphic works to Photo Serge LLC you retain full rights to those works that you had prior to uploading.
• By posting Content to the Site you hereby grant to Photo Serge LLC a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site.
• The license granted to Photo Serge LLC includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e., username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Photo Serge LLC by you.
• Photo Serge LLC makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Photo Serge LLC does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Photo Serge LLC to permit users and visitors to the Site to make such low resolution copies of your Content.
• Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

• You are the owner of all rights, including all copyrights in and to all Content you submit to the site.
• You have the full and complete right to enter into this agreement and to grant to Photo Serge LLC the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Photo Serge LLC of the Content as contemplated herein.
• The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Photo Serge LLC, all of which such rights are hereby expressly and irrevocably waived by you in favour of Photo Serge LLC.

Legal Entity Information

Photo Serge, LLC 920 North Osceola Ave Clearwater, FL 33755 United States

For questions about these Terms of Use: [email protected]