Living Pictures Masterclass - Terms

LVING PICTURES MASTERCLASS

You are purchasing access for one (1) person to The Living Pictures Masterclass (referred to below as the “Living Pictures Masterclass”, the “Masterclass”, the “Online Course” or the “Course”) from Treehouse Festival LLC as cinemagraphfamily.com (the “Company,” “we,” or “us”). This is an adult learning environment and as such, you must be at least 16 years of age or older to purchase access to this Online Course. Children under the age of majority should review this Agreement with their parent or legal guardian.

The Living Pictures Masterclass includes course access, course content and materials, digital media, other information and materials created by the Company (collectively, “Content”) and access to a website for members of the Online Course (the “Site”). By purchasing access to the Living Pictures Masterclass, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of the Living Pictures Masterclass and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

INTELLECTUAL PROPERTY

Terms & Conditions

Copyright © 2017 Treehouse Festival, LLC

Contact:  [email protected]

You agree that the Living Pictures Masterclass contains proprietary Content that is owned by the Company and/or its licensors/affiliates and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with the Masterclass solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Living Pictures Masterclass or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Living Pictures Masterclass except where implied or duly authorised within the Course. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Elyan Parker, the Living Pictures Masterclass, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Living Pictures Masterclass Online Course (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors/affiliates, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S LIVING PICTURES MASTERCLASS ONLINE COURSE, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with the Online Course are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

The Living Pictures Masterclass includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use when accessing the course and all of its associated content.

If you would like to take the Online Course along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take the Online Course, a separate membership will need to be purchased for each participating member.

PRIVACY & CONFIDENTIALITY

The Living Pictures Masterclass is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the Online Course.

We respect your privacy and must insist that you respect the privacy of other people that participate in the Course (“Online Course Participants” or “Students”).

By purchasing access to the Course, you agree:

  • not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Online Course Participants;
  • that any confidential information shared by Students or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Student who discloses it or to the Company;
  • not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Online Course Participants via comments, forums or other interaction platforms;
  • that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
  • the reproduction, distribution and sale of the Content by anyone other than the Company and/or its licensors/affiliates is strictly prohibited; and
  • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from the Course and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

 THIRD-PARTY MATERIALS AND WEBSITES
 
 

The Company may provide links to third-party materials and websites and establish an external group as a convenience to you and other Students. These third-party materials and websites are not part of the Masterclass and they may be either withdrawn or terminated at any time without any liability on the part of the Company. 

You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.

CINEMAGRAPH FAMILY ONLINE COURSES AND COMMUNITY RULES
 

Under no circumstances is there to be any solicitation within the Online Course

The Cinemagraph Family community is about learning how to create cinemagraph and/or living pictures, or improve your photography skills, but is not about trying to turn other Students into your customers. You are not permitted to offer your services, sell your programs or products, or invite Online Course Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Course’s Member Area is not permitted.

Your failure to comply with these terms will result in immediate termination of your participation in the Online Course without refund.

 
 

REFUND POLICY
 

Our commitment is to provide resources to help you improve your photography skills and create Cinemagraphs (Living Pictures)

You can access the Course for up to the first 30 days. If you have watched less than 40% of the Online Course, and don’t get any value or feel your learning style doesn’t match how we teach, we’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:

  • Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by 5pm PST (Pacific Standard Time) on the 29th day following the date on your order. The deadline exists because if you sign up for our Online Courses, we want you to get started. If you don’t plan on starting right away but want to sign up now, we're excited to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline.
  • Completed Course Work. We’ll ask that you have attempted to use the resources provided in order to ensure that you have made a genuine attempt to create living pictures. This means that you need to have watched less than 40% of the Online Course.
  • Completed Feedback Form. We will also require you to complete a feedback evaluation form with detailed responses regarding what you were expecting from the course, what you felt it was lacking & how we can improve the overall course to include the features you need to achieve your photography goals.
  • Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

Important. Please do not enroll in this Online Course if you just want to "see what it is". We put an extraordinary amount of time and effort into our Online Courses, and we expect you to do the same. The Living Pictures Masterclass is for serious students only.

We realize, however, that exceptional circumstance can take place with regard to the character of the product we supply. 
Therefore, we will honor refund requests in the following exceptional situations:

  • Non-delivery of the product: Due to some mailing issues of your e-mail provider or your own mail server you might not receive the delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our customer service team ([email protected]) in writing within 7 days from the date of order.
  • Download: It may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to our Customer Service department on [email protected] If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading within 3 days may result in a refund decline;
  • Major defects: Although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Technical Support Team’s approval. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered.

Our Customer Service Team is always eager to assist you and deliver highly professional support in a timely manner.

REFUNDS WILL BE REFUSED IF CUSTOMER IS FOUND TO BE TAKING ADVANTAGE OF THE REFUND POLICY.

DISCLAIMER

THE LIVING PICTURES MASTERCLASS, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED IN AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing photography matters in any of our websites, videos, newsletters, programs or other Content, we've taken all reasonable efforts to ensure that we accurately represent our programs and their potential to grow your photography skills. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE LIVING PICTURES MASTERCLASS IS AT YOUR SOLE RISK. 

By purchasing access to the Living Pictures Masterclass, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or artistic results of any kind. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. 

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW. You and the Company have entered into this Agreement and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes between you and the Company, shall be determined in accordance with the laws of the United States, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE LIVING PICTURES MASTERCLASS; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIVING PICTURES MASTERCLASS AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF LIVING PICTURES MASTERCLASS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, Living Pictures Masterclass, the Cinemagraph Family or Elyan Parker, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Living Pictures Masterclass is a non-transferable program.

5) TERMINATION. The Company is committed to providing all customers in the Course with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Living Pictures Masterclass Online Course without refund; and/or (b) terminate this Agreement.

Your obligations to the Company under this Agreement will survive the expiration or termination of this Agreement for any reason.

6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Living Pictures Masterclass Online Course. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the  Living Pictures Masterclass will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either email or postal mail. If you have any questions, please contact our Customer Service team at [email protected]

7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Living Pictures Masterclass. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal courts within the United States for purposes of any such action by the Company.

9) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

10) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

11) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

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