A. “Photo Enthusiast Network” is a membership group and also refers to proprietary Etison LLC software used to create membership sites.
B. “Photo Enthusiast Network” means, the owners of the Photo Enthusiast Network and other trademarks. In this Agreement, references to “Photo Enthusiast Network” as a Party mean and refer to Photo Enthusiast Network, and Photo Enthusiast Network owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean Photo Enthusiast Network and You. Photo Enthusiast Network and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Photo Enthusiast Network Account. “User Account” refers to a User’s Photo Enthusiast Network Account.
E. “You” and “Your” means the Photo Enthusiast Network User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Photo Enthusiast Network User
By clicking “I Agree” to these Terms, transferring payment to Photo Enthusiast Network, and creating a User Account, You become a Photo Enthusiast Network User. There are various products and services available to Users, and monthly prices applicable to such products and services. Photo Enthusiast Network products, services, and prices are posted https://www.photoenthusiastnetwork.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted to https://www.photoenthusiastnetwork. By clicking “I Agree” and providing Photo Enthusiast Network Your credit card information You authorize Photo Enthusiast Network to charge Your credit card in the amount indicated for the value of the services. You select, including any future price changes. By Your continued use of Photo Enthusiast Network services, and unless You terminate this agreement as provided herein, You agree that Photo Enthusiast Network may charge Your credit card monthly or annually depending on selected plan, for the products and services You have selected, and You consent to any price changes for such services. As of the posting of this agreement, the first charge for both Monthly and Annual Plans does not start until after a 10-Day Free Trial Period. You recurring credit card charges will not start until after this trial period.
III. Term and Termination
Your User contract with Photo Enthusiast Network begins when You click “I Agree,” and will continue month-to-month or annually based on your membership selection until either:
A. Photo Enthusiast Network cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Photo Enthusiast Network.
B. You provide Photo Enthusiast Network Thirty (30) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than thirty (30) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Photo Enthusiast Network.
C. Your credit card or Photo Enthusiast Network charge is denied for any reason and You do not provide Photo Enthusiast Network a new credit card within thirty (30) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from Photo Enthusiast Network sold under any of its brands or related brands, including without limitation Photo Enthusiast Network, you may receive a limited refund if you comply with the following conditions:
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Photo Enthusiast Network immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Photo Enthusiast Network in like-new, or re-sellable condition, as determined in Photo Enthusiast Network sole, reasonable discretion.
V. No License to use Photo Enthusiast Network Marks
Any content on any Photo Enthusiast Network website may constitute the intellectual property of Photo Enthusiast Network. Except where expressly authorized, no material on any Photo Enthusiast Network website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Photo Enthusiast Network trademark and logo are proprietary marks of Photo Enthusiast Network, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Photo Enthusiast Network or any of Photo Enthusiast Network affiliates.
You agree to protect, defend, indemnify and hold harmless Photo Enthusiast Network, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Photo Enthusiast Network for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads
Photo Enthusiast Network does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Photo Enthusiast Network will not at any time provide sales leads or referrals to You. Additionally, Photo Enthusiast Network WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Photo Enthusiast Network MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Photo Enthusiast Network WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Photo Enthusiast Network MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Photo Enthusiast Network WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ETISON WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Photo Enthusiast Network WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Photo Enthusiast Network WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Photo Enthusiast Network websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Photo Enthusiast Network website and these Terms, these Terms shall control.
VIII. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL Photo Enthusiast Network LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Photo Enthusiast Network FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Photo Enthusiast Network OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure
Photo Enthusiast Network will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Photo Enthusiast Network. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Photo Enthusiast Network shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights
Photo Enthusiast Network may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Photo Enthusiast Network or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a Photo Enthusiast Network User, You will be required to create an account with Photo Enthusiast Network. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Photo Enthusiast Network User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Photo Enthusiast Network under Your User Account. You agree to immediately notify Photo Enthusiast Network of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Photo Enthusiast Network is not liable, and You will hold Photo Enthusiast Network harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs
You grant Photo Enthusiast Network permission to use any and all photographs taken by Photo Enthusiast Network or its agents or employees, or submitted by You to Photo Enthusiast Network (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Photo Enthusiast Network or any product or service sold and marketed by Photo Enthusiast Network. You agree that this authorization to use Photographs may be assigned by Photo Enthusiast Network to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Photo Enthusiast Network sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Photo Enthusiast Network in exchange for this Release and Assignment. You hereby release and forever discharge Photo Enthusiast Network from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity
Photo Enthusiast Network has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Photo Enthusiast Network reputation; and the violation of the rights of Photo Enthusiast Network or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Photo Enthusiast Network reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact Photo Enthusiast Network by e-mail at [email protected]
, or by regular mail at 11344 Coloma Dr Suite 346 Gold River, CA 95760
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any Photo Enthusiast Network website infringes any copyright You own, You or Your agent may send Photo Enthusiast Network a notice requesting that Photo Enthusiast Network remove the materials or content from the Photo Enthusiast Network website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Photo Enthusiast Network a counter-notice. Notices and counter-notices should be sent to Photo Enthusiast Network, Attention Legal Department, at 11344 Coloma Dr Suite 346 Gold River, CA 95670, or by e-mail to [email protected]
XVI. Arbitration, Governing Law, and Attorneys’ Fees
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Photo Enthusiast Network including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in El Dorado County, CA. You agree not to file suit against Photo Enthusiast Network or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Photo Enthusiast Network. In the event that You and Photo Enthusiast Network are unable to reach agreement on an Arbitrator, You and Photo Enthusiast Network will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of El Dorado County, CA. The arbitrators selected by You and Photo Enthusiast Network will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Photo Enthusiast Network and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Photo Enthusiast Network to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Photo Enthusiast Network may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Photo Enthusiast Network from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Photo Enthusiast Network rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Photo Enthusiast Network commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
Photo Enthusiast Network reserves the right to change these Terms, in whole or in part, from time to time at Photo Enthusiast Network sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://photoenthusiastnetwork.com/terms-conditionsqn59ig4p. By Your continued use of Photo Enthusiast Network services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Photo Enthusiast Network of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Photo Enthusiast Network under or related to these Terms must be in writing, addressed as follows:
Photo Enthusiast Network
11344 Coloma Dr Suite 346
Gold River, CA 95760
Notices to You may be made by posting a notice (or a link to a notice) on [email protected]
/termsofservice, by e-mail, or by regular mail, at Photo Enthusiast Networks discretion.