1. Your relationship with Eclipse Photography Institute
Your use of Eclipse Photography Institute products, software, services and web sites (excluding any services provided to you by Eclipse Photography Institute under a separate written agreement) is subject to the terms of this legal agreement between you and Eclipse Photography Institute, Inc. This document explains how the agreement is made up, and sets out some of the terms of the agreement.
Unless otherwise agreed in writing with Eclipse Photography Institute, your agreement with Eclipse Photography Institute will always include, at a minimum, the terms and conditions set out in this document.
Your agreement with Eclipse Photography Institute will also include the terms of any Legal Notices applicable to the Services, in addition to this document.
2. Accepting the Terms
In order to use the Eclipse Photography Institute Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Eclipse Photography Institute in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Eclipse Photography Institute will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Eclipse Photography Institute, Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Account Security and Registration
In consideration of your use of the Eclipse Photography Institute service, you agree to (a) be fully responsible for all use of your account and for any actions that take place using your account, (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4. Rights and License of Published Content
All content ("Eclipse Photography Institute Content") on the Eclipse Photography Institute website, content published in Eclipse Photography Institute print media, and content available through services such as email or SMS text messaging, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, posted, reproduced, republished, downloaded, displayed, framed, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.
At the Eclipse Photography Institute we are committed to the photographers rights and copyrights. Therefore, all images posted to the site retain the copyright of the original photographer. All text, images and sound files posted by instructors retain the copyright of the instructor.
Eclipse Photography Institute RESERVES THE RIGHT TO REMOVE, DELETE, UNINSTALL OR DEACTIVATE ANY CONTENT MATERIAL CONTRIBUTED TO THE WEBSITE BY YOU OR ANY OTHER USER THAT VIOLATES THE ECLIPSE PHOTOGRAPHY INSTITUTE CONTENT POLICIES OR ANY THIRD PARTY AD NETWORKS (SUCH AS GOOGLE, YAHOO, TEXT LINK ADS, ETC.).
UNAUTHORIZED CONTENT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
* Violent content or racial intolerance
* Pornography, adult, or mature content
* Hacking/cracking content
* Illicit drugs and drug paraphernalia
* Excessive profanity
* Gambling or casino-related content
* Excessive, repetitive, or irrelevant keywords in the content or code of web pages
* Deceptive or manipulative content or construction to improve your site's search engine ranking
* Sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns)
* Sales or promotion of beer or hard alcohol
* Sales or promotion of tobacco or tobacco-related products
* Sales or promotion of prescription drugs (unless part of a medical swarm that consists of doctors and researchers, such as a medical journal)
* Sales or promotion of products that are replicas or imitations of designer goods
* Sales or distribution of term papers or student essays
* Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others
Judgment of violation of content policy shall be at the sole discretion of Eclipse Photography Institute.
5. Provision of the Services by Eclipse Photography Institute
Eclipse Photography Institute is in a constant state of change and innovation. You acknowledge and agree that the form and nature of the Services, which Eclipse Photography Institute provides, may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Eclipse Photography Institute may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the Company's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Eclipse Photography Institute when you stop using the Services.
You acknowledge and agree that if Eclipse Photography Institute disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
6. Your Obligations in Use of the Services
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Eclipse Photography Institute, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Eclipse Photography Institute has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Eclipse Photography Institute may suffer) of any such breach.
Eclipse Photography Institute respects the privacy of every individual who visits our websites. This privacy statement provides notice of the standards and terms under which Eclipse Photography Institute protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by Eclipse Photography Institute. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.
A. Personally-Identifiable Information: Eclipse Photography Institute typically receives specific data about its website visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card to pay for services, or request certain types of information. When you provide personally-identifiable information to Eclipse Photography Institute through one of our websites, it will be used to fulfill your specific request. In most cases, you will be given the opportunity to select whether you do, or do not, want Eclipse Photography Institute to use this information for additional purposes. You may also request that Eclipse Photography Institute not use your information by sending an e-mail to firstname.lastname@example.org, however, Eclipse Photography Institute reserves the right, in its discretion, to send you bulletins and other important information about your Eclipse Photography Institute services. Eclipse Photography Institute will not, however, sell or trade your personally-identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to the visitor or others.
B. Credit Card & Confidential Information: Eclipse Photography Institute does not store credit card information. Eclipse Photography Institute uses a trusted third party, PCI compliant payment gateway provider. On those Eclipse Photography Institute sites where you may provide the Company with credit card or other ordering information via the web, Eclipse Photography Institute protects and secures this information by employing commercially customary web-based security and encryption protocols, specifically Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, Eclipse Photography Institute will treat that portion of the information as non-confidential and nonproprietary and, except as otherwise expressed in this privacy statement, Eclipse Photography Institute assumes no obligation to protect such information from disclosure.
C. Non Personally-Identifiable (Generic) Information: In general, Eclipse Photography Institute gathers some generic information automatically. Generic information does not reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the Eclipse Photography Institute sites visited. Eclipse Photography Institute gathers this information for the limited purpose of determining customer service and website needs. We accomplish this by using certain technologies, including "cookies" (a technology that can be used to provide the visitor with tailored information about Eclipse Photography Institute). Eclipse Photography Institute does not combine information collected in this way with any personally-identifiable information. You can set your browser to notify you when you receive a cookie and you can refuse it; this may however reduce functionality of certain website features.
D. Exceptions and Limitations: Notwithstanding the foregoing and in compliance with applicable laws, Eclipse Photography Institute (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Eclipse Photography Institute) or purported unlawful activities of any user of the Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Eclipse Photography Institute may be required to disclose personally identifiable information.
8. Termination of Your Relationship with Eclipse Photography Institute
Eclipse Photography Institute may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Eclipse Photography Institute is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by Eclipse Photography Institute is, in the opinion of the Company, no longer commercially viable.
9. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Eclipse Photography Institute OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECLIPSE PHOTOGRAPHY INSTITUTE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES A RESULT OF
YOUR FAILURE TO PROVIDE Eclipse Photography Institute WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR YOUR FAILURE TO ADHERE TO THE TERMS OF THIS AGREEMENT.
THESE LIMITATIONS OF LIABILITY TO YOU SHALL APPLY WHETHER OR NOT Eclipse Photography Institute HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Copyright and trade mark policies
It is Eclipse Photography Institute's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
12. Jurisdiction and Governing Law
The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and Eclipse Photography Institute agree to submit to the exclusive jurisdiction of the courts located within the county of Dallas, Texas to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Eclipse Photography Institute shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Updated September 30, 2009