Acceptance of Terms

Welcome to the Digital Photo Academy Terms of Use.  Digital Photo Academy provides its website and related services (“Site”) subject to the following Terms of Use (“Terms”).  Digital Photo Academy reserves the right to change these Terms from time to time without notice to you by posting new Terms of Use on the Digital Photo Academy website. Please refer to the Terms of Use periodically for any changes.

BY CONTINUING TO USE THE Digital Photo Academy SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF.

Eligibility

Digital Photo Academy will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use Digital Photo Academy only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Digital Photo Academy is not intended for children under the age of 13.

User Account, Password, and Security

Upon creating a user account, you agree to provide Digital Photo Academy with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account approval upon completing the Site’s registration process.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You may not share your account login credentials with anyone else. You agree to (a) immediately notify Digital Photo Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We may request some information from you to confirm that you are indeed the owner of your account.

Digital Photo Academy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Digital Photo Academy grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Digital Photo Academy authorized representative.

User Conduct

In using this Site, you agree not to:

  1. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, torturous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, provincial/state and local laws, regulations and ordinances.
  4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial/state, national, or international law.
  5. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
  6. upload, download, post, email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  7. upload, download, post, email or otherwise transmit false or misleading information.
  8. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  9. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
  10. disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
  11. frame or link to the Site except as permitted in writing by Digital Photo Academy.

Upon uploading Content, you acknowledge that Digital Photo Academy may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement.  Without limiting the foregoing, Digital Photo Academy and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Digital Photo Academy. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Digital Photo Academy You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Digital Photo Academy nor any other party involved with the production of any product incorporating such Content, assumes that responsibility.  Digital Photo Academy’s production of any product depicting your Content does not indicate that Digital Photo Academy approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Digital Photo Academy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of AR Photo Design Inc., its users and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable Canadian and United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Pricing

Prices for products on Digital Photo Academy are described on our Site and incorporated into these Terms by reference. All prices are in US Dollars. Prices and products may change at AR Photo Design Inc.’s discretion and without any prior notice.

Cancellation.

You may cancel your Account at any time. If you would like to renew your subscription after cancellation, you will need to subscribe again.

Termination of Account. 

We may elect, in our sole discretion, to terminate your Account Service because you have failed to comply with any of these Terms.

Privacy Policy

Your privacy is very important to Digital Photo Academy Users of this Site should refer to our Privacy Policy for information about how Digital Photo Academy collects and uses personal information.  By accepting this Agreement, you expressly consent to Digital Photo Academy’s disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Digital Photo Academy, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.

You will retain ownership of the Content you upload to Digital Photo Academy. You hereby grant to Digital Photo Academy a royalty free, worldwide, transferable, nonexclusive, right and license to use such Content as Digital Photo Academy deems necessary to enable you to use the Digital Photo Academy service to create, produce and publicly display. Upon cancellation of your account and removal of your images, Digital Photo Academy shall no longer maintain these rights. Our right to reproduce your images to the public is completely contingent on your participation on our website. When you delete your account, which you may do for any reason, we no longer have said rights to reproduce and market on your behalf.

You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

The intellectual property rights in or relating to the content of any postings to your account which you submit (excluding the Content) will automatically be deemed to be assigned by you to Digital Photo Academy upon their submission to Digital Photo Academy, and Digital Photo Academy shall be entitled to use, edit and publish the information which may include information about your gallery/blog posts, your biography, comments or any other information which you have provided. Digital Photo Academy does reserve the right in its sole discretion to delete artwork, text, comments and other imagery which it deems to be vulgar or otherwise inappropriate for the site.


Trademarks

All brand, product and service names used in this Site which identify Digital Photo Academy or third parties and their products are proprietary marks of Digital Photo Academy, and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Digital Photo Academy or any third party with respect to any such image, logo or name. You shall not make use of any Digital Photo Academy trademarks, logos, or trade dress without prior express and written approval by Digital Photo Academy.

Copyright and Intellectual Property Policy

Digital Photo Academy respects the intellectual property rights of others, and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Digital Photo Academy’s Copyright Agent, and provide the following information (“Notice”):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest.
  2. a description of the copyrighted work and/or trademark claimed to have been infringed.
  3. a description of where the claimed infringing Content is located on our Site.
  4. your address, telephone number, and email address.
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law.
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Digital Photo Academy’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent

Digital Photo Academy

c/o AR Photo Design Inc.

learn@digitalphotoacademy.ca

admin@arphotodesign.com

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT

YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENCE;  (VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONTENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”); (VIII) DIGITAL PHOTO ACADEMY MAY LEGALLY MANUFACTURE AND SELL PRODUCTS INCORPORATING THE CONTENT WITHOUT THE INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY AND WITHOUT THE OBLIGATION TO MAKE ANY PAYMENTS TO OR OBTAIN ANY PERMISSION FROM ANY THIRD PARTY.

Indemnity

You agree to defend, indemnify and hold Digital Photo Academy and AR Photo Design Inc.’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Digital Photo Academy’s express written consent.

Termination

You agree that Digital Photo Academy, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Digital Photo Academy may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be affected without prior notice and acknowledge and agree that Digital Photo Academy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Digital Photo Academy shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because Digital Photo Academy has no control of such sites and resources, you acknowledge and agree that Digital Photo Academy is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Photo Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Public Reputation

You acknowledge and agree that you will not use any product ordered from arphotodesign.com in a way that would be damaging to AR Photo Design Inc.’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners.  Additionally, you acknowledge that if you choose to display any product ordered from Digital Photo Academy in a public setting, including on the Internet, in a way which disparages AR Photo Design Inc., AR Photo Design Inc.’s board members, employees, shareholders or partners, Digital Photo Academy reserves the right to demand immediate return of the product AR Photo Design Inc.’s sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIGITAL PHOTO ACADEMY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DIGITAL PHOTO ACADEMY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT DIGITAL PHOTO ACADEMY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF AR PHOTO DESIGN INC., ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT DIGITAL PHOTO ACADEMY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, DIGITAL PHOTO ACADEMY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

YOU ACKNOWLEDGE THAT DIGITAL PHOTO ACADEMY MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL PHOTO ACADEMY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL DIGITAL PHOTO ACADEMY OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING DIGITAL PHOTO ACADEMY OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITAL PHOTO ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Severability

If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Arbitration

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Toronto, Ontario in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney’s fees and costs to the prevailing party.

General

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.  Digital Photo Academy may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Digital Photo Academy’s failure to act with respect to a breach by you or others does not waive Digital Photo Academy’s right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Digital Photo Academy, and supersedes all other communications, written or oral, with regard to the services provided by Digital Photo Academy.