Terms of Service

ATTENTION:These terms and conditions (“Conditions”) apply to the entire contents of this website under the domain www.phlearn.com (“Website”) and to any electronic communications between Phlearn, LLC and you. The term “you” or “your” refer to you, individually, and the company you may represent. Please read these Conditions carefully before using this Website. Using this Website indicates that you accept these Conditions regardless of whether or not you purchase or license any images, videos, tutorials, instruction and training content or any other product from Phlearn through this Website. If you do not accept these terms, do not use this Website. This Website and all of its content, including but not limited to, all text, images, videos, and other digital media are owned and copyrighted by Phlearn, LLC (“Phlearn”).

You should check this Website from time to time to review the then current Conditions. Certain provision of these Conditions may be superseded by amendments, supplements, and/or modifications.

  1. CONTACT INFORMATION

Phlearn, LLC
414 N Paulina St. Chicago, IL 60622

  1. LICENSE AND CONDITIONS

Phlearn grants you a limited license to access and make use of the Website. As a condition of such license, you agree:

(i) Not to download or modify any part of the Website, except with the express and prior written consent of Phlearn;

(ii) Not to resell or make any commercial use of this Website and its contents;

(iii) Not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without the express written consent of Phlearn;

(iv) Not to make any derivative use of this Website or its contents;

(v) Not to frame or utilize framing techniques, to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without the express written consent of Phlearn;

(vi) Not to use any meta tags or any other “hidden text” utilizing the Phlearn name or trademarks without the express written consent of Phlearn.

(vii) Not to reproduce or store any part of this Website and/or its contents in any other website or include any part of this Website and/or its contents in any public or private electronic retrieval system or service without the prior written consent of Phlearn.

The copyright, trademark and other intellectual property rights in all material on this Website (including, but not limited to, text, photographs, videos, graphics and other digital media) are owned by Phlearn or it licensors. If you breach any of the terms in these Conditions, your permission to use this Website automatically terminates. You are also advised that Phlearn will aggressively enforce its intellectual property rights to the fullest extent of the law.

Any rights not expressly granted in these Conditions are reserved.

  1. PRIVACY

We respect your privacy and encourage you to read our Privacy Policy http://phlearn.com/privacy-policy so that you may make an informed decision about using our Website.

  1. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Privacy Policy, any material that you transmit or post to this Website shall be considered non-confidential and non-proprietary. Phlearn shall have no obligations with respect to such material. Phlearn shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, videos, sounds, text and other digital media embodied therein for any and all commercial or non-commercial purposes. The submission of any materials to the Website irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

You are prohibited from posting and transmitting to or from this Website any material:

(i) That is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, discriminatory, or which may cause annoyance or inconvenience; or

(ii) For which you have not obtained all necessary licenses and/or approvals; or

(iii) which is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, but not limited to, hacking, using robots, spiders, data mining or similar data gathering tools).

You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. Phlearn reserves the right to obtain verification of any permission required prior to or after any content is uploaded to the Website.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Phlearn, its members, employees, agents, independent contractors, artists, or consultants against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the Website or the use of any images, videos, or other digital media you provide, post, and/or submit, including, but not limited to, any actual or threatened suit, demand, or claim made against Phlearn and/or its members, employees, agents, independent contractors, artists, or consultants that use of the images, videos, or other digital media provided, posted and/or submitted infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.

  1. ORDERS FOR PHLEARN PRO PRODUCTS, IMAGES AND INSTRUCTIONAL VIDEOS

Phlearn strives to provide the very best professional photography products, images and instructional videos. Phlearn makes certain professional products, images and instructional videos available for sale via the Website. Should you purchase any Phlearn Pro products, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by Phlearn from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by Phlearn. Certain Phlearn Pro products that you purchase and/or download through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once the Phlearn Pro product is purchased, absent extraordinary circumstances, Phlearn will not issue a refund as the Phlearn Pro product is out of Phlearn’s control.

  1. DISCLAIMER

While Phlearn attempts to ensure that the information on this Website is correct, Phlearn does not warrant the accuracy or completeness of the materials (or purchased materials) on this Website. Phlearn may make changes to the material on this Website , or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Phlearn makes no commitment to update such material.

The materials on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Phlearn provides you with this Website on the basis that Phlearn, to the maximum extent permitted by law, excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

  1. MISCELLANEOUS

 

(i) These Conditions shall be governed and construed in accordance with the laws of Illinois. Any dispute arising out of or connected with these Conditions shall be subject to the exclusive jurisdiction of Cook County, Illinois of the United States District Court for the Northern District of Illinois.

(ii) The Conditions constitute the entire agreement between you and Phlearn and govern your use of this Website. You will may be subject to additional terms and conditions that will apply when you use, purchase or license Phlearn Pro products.

(iii) The failure of Phlearn to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions 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 provision of the Conditions shall remain in full force and effect.

(iv) The term of this agreement between you and Phlearn regarding these Conditions shall begin on the day that you first access this Website and shall continue until terminated by you or Phlearn in writing. Sections 2, 4, 5, 6, 7 and 8 shall survive any termination of this Agreement.

UPDATED JULY 5, 2013