Phlearn Terms and Conditions of Use
Modification to Legal Notices
From time to time, we may modify or update our Legal Notices. If we do modify or update our Legal Notices, your continued use of our Services after the effectiveness of the modification or update will be deemed to represent your agreement with, and consent to be bound by, the new Legal Notices.
Last Update: October 31, 2014
Third Party Links
We may provide links through our website that will redirect you to leave our website. We cannot guarantee that the links made available through our website will be accurate in any respect. Furthermore, the third party websites accessed through these links or on your own using our Services are developed and maintained by entities over which we have no control. Accordingly, if you access any third party website, service, or content through these links or on your own, you do so on your own initiative and at your own risk, and you agree that we will have no liability arising from your use or access to any third party website, service or content. We believe that making available hyperlinks to publicly accessible websites and webpages is legally permissible and consistent with the common, customary expectations of those who make use of the internet.
We agree to grant you a nonexclusive, nontransferable, limited and revocable license to access and use our Services and Content for personal, noncommercial use only. The term “Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material accessible through our website which was created by us. Please acknowledge that there will exist third party content, including content created by you or other Phlearn users, on our website which does not fall under the aforementioned definition. The Content may be used solely for personal, noncommercial informational purposes. No part our Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
User Generated Content
Our Services allow users to generate, submit and/or post content “User Content” to our website. You expressly acknowledge and agree that you, as the user, are in the best position to know whether the User Content you post is in violation of any copyright, trade secret, trademark, or any other intellectual property rights of another person or entity. Phlearn does not, and cannot, police or otherwise review User Content as a matter of course or policy to determine if and whether your User Content is infringing. Therefore, it is very important that you are cautious and careful when deciding whether to make the User Content available on our website. To better understand the laws of intellectual property, specifically copyright and fair use, please visit the United States Copyright Office website here (http://www.copyright.gov/laws/) as it has a wealth of excellent information available free to you. You therefore agree that any User Content in which you generate, submit and/or post to our website using our Services does not and will not violate any law or infringe on the rights of any third party, including without limitation any intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, trademark, or any other intellectual property rights, or any other harm resulting from your web clipping, uploading, posting or submission of User Content to our website.
Authority to Remove User Content
We reserve the authority to edit or remove User Content submitted to our website for any reason, including User Content that we believe in our sole discretion, violates or Legal Notices.
You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Use By Minors
If you are under 18, please do not attempt to access, post or register on our website.
You will retain all ownership rights to any User Content that you generate, submit and/or post to our website, and we are not obtaining ownership rights to any of your User Content. We do, however, need you to grant us a nonexclusive, royalty-free, irrevocable, transferable, sub-licensable, worldwide license in your User Content, so that we can incorporate such User Content in our offered Services. Without such rights, we may be violating copyright and other laws by storing, posting, compiling, backing up and allowing the download of your User Content on our website. The rights your grant to us include the right to modify, reproduce, distribute, prepare derivative works, reformat, publish, and add certain links to your User Content, so that we can present it in a user friendly format to enhance your user experience in connection with our Services.
Protecting Copyrights and Other Intellectual Property
We absolutely respect the intellectual property of others, and we ask you, our loyal users, to do the same. Phlearn complies with the federal Digital Millennium Copyright Act “DMCA”), the text of which may be found on the here (http://www.copyright.gov/legislation/dmca.pdf). We will promptly respond to notices of alleged copyright infringement or other intellectual property infringement that complies with the DMCA and other applicable laws. In addition, you agree that, in the event Phlearn receives a written notice in accordance with the DMCA notice elements alleging that certain User Content infringes upon, dilutes, tarnishes or otherwise violates a trademark or trade secret rights, Phlearn may in its sole discretion remove, delete or disable access to such User Content.
If you would like to submit written notice of an alleged copyright infringement, such written notice may be sent to our designated agent via our online DMCA complaint form here.
Should you choose not to send notice via the online DMCA complaint form above, a written notice of alleged copyright infringement must be addressed to our designated agent as listed below and include the following: 1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; 2) specific identification of each copyrighted work claimed to have been infringed; 3) a description of where the material believed to be infringed is located on our website; 4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the written notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are alleging infringement of an intellectual property right other than copyright, please provide a written notice specifying the intellectual property right at issue (for example, “trademark”) and send via postal mail or email to our Copyright Agent here:
414 N Paulina St.
Chicago, IL 60622
Email: [email protected]
In an effort to protect the rights of intellectual property owners, we maintain the right, in our sole discretion, to terminate, in appropriate circumstances, the access and use of our Services of users who are repeat infringers.
Pursuant To DMCA, 17 U.S.C. § 512(g)(2), if you believe your User Content was removed or disabled as a result of the mistake or misidentification that your User Content was infringing, please send our designated agent a counter notification containing the following information: 1) a physical or electronic signature of the user; 2) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled; 3) a statement under penalty of perjury that the user has a good faith belief that the User Content was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and 4) the user’s name, address, and telephone number, and a statement that the user consents to the laws of the State of Illinois, arbitration, and for certain matters the United States District Court for the Northern District of Illinois, as provisioned below, and that the user will accept service of process from the person who alleged copyright infringement using the DMCA complaint form above.
Upon our designated agent’s receipt of the counter notification described above, we will promptly provide the person who alleged copyright infringement using the DMCA complaint form above with a copy of the counter notification, and inform that person that we will replace the removed User Content or cease disabling access to it within ten (10) to fourteen (14) business days; unless the person alleging copyright infringement files an action seeking a court order to restrain the user from engaging in infringing activity relating to the User Content on our website.
Account and Security
When you register for our Services offered through the website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for any and all illegal activity that occurs on your account. We cannot guarantee that unauthorized third parties will not defeat our security measures. Please notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Your personal account through our website, and all User Content generated, submitted and/or posted to your account, is private and should not be shared. If you share your User Content with anyone, we shall have no liability to you (or anyone you share your User Content).
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. Any and all images presented in the purchased Phlearn Pro Products may only be used solely for personal, noncommercial informational purposes. No image presented in the purchased Phlearn Pro Product may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
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.
Assumption of Risk
You assume all risk related to the use of our Services, including, but not limited to, all of the risks associated with any online or offline interactions with other users of our Services. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any user of our Services.
Disclaimer of Warranty
Our Services and Content are provided on an “as is” basis without warranty of any kind, whether express or implied. You acknowledge that we have no control over what third party content you access using our Services. Furthermore, we make no representation concerning any third party content accessed through our Services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our Services.
PHLEARN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PHLEARN DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES AND CONTENT IN THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PHLEARN DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL PHLEARN OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE, SERVICES OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM Reliance by user on any information obtained from PHLEARN, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICEs, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to PHLEARN records, SOFTWARE, CONTENT or services.
IN NO EVENT SHALL PHLEARN or its members, officers, directors, employees or agent be liable for any DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM A USER’S CLIPPING OR DOWNLOADING INFORMATION VIA PHLEARN SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PHLEARN (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF PHLEARN WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PHLEARN FOR ACCESS TO OR USE OF THIS WEBSITE OR ITS SERVICES.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
By using our website and Services, you agree to indemnify, hold harmless and defend Phlearn, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our website and Services, (ii) your breach of any of our Legal Notices, (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right, or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our website and Services.
No Implied Endorsements
In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by Phlearn.
Jurisdiction Outside the US
We make no representations that information on this website or through our Services is appropriate or available for use outside the United States. Users who choose to access this website and our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or our Services.
These Legal Notices shall be governed and interpreted by the laws of the State of Illinois, without respect to its conflict of laws principles.
Any dispute, claim or controversy (excluding claims for injunctive or other equitable relief which shall be determined by the United States District Court for the Northern District of Illinois) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration under the Rules of the American Arbitration Association by three arbitrators in accordance with the commercial Arbitration Rules then in effect of the American Arbitration Association. Selection of the arbitrators shall be as follows: each party shall appoint one arbitrator within twenty (20 days after the parties have agreed to go to arbitration, and those two arbitrators shall appoint a third arbitrator who shall act as chairman, within a twenty (20) day period thereafter. If the parties fail to appoint the chairman within said period, the parties will apply to the American Arbitration Association for appointment of the third arbitrator. The parties agree to be bound by the findings of the arbitration. The arbitrators shall not be empowered to award punitive damages to any party. The non-prevailing party to the arbitration shall pay all the reasonable attorney’s fees and other costs and expenses incurred in connection with the prosecution or defense of such arbitration.
If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by Phlearn to enforce these Legal Notices will not be construed as a waiver of any right or remedy of Phlearn.
We may from time to time notify users via email and postal mail; provided, however, we are not responsible for notifications not received due to an invalid email address, automatic email filtering, or invalid postal mail address for which you provide to Phlearn.
These Legal Notices and any amendments shall constitute the entire agreement between you and Phlearn concerning its Services.
For Additional Information
If you have any questions regarding our Legal Notices, please [email protected]
IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.