Terms & Conditions of Use
Terms and conditions are hereby referred as (“Terms”), an agreement between Ana Luisa S. Wholley hereby referred as (“The Photographer & Instructor”), LuisaWholley.com hereby referred as (“The Website”) AND/OR and the users of the website, or the students enrolled in Luisa Wholley’s courses online or in-person, hereby referred as (“The Student”) and (“The Courses”). These terms detail the policies and procedures conducted by it .
1. Binding of Terms
By accessing The Photographer & Instructor’s website, luisawholley.com, The Courses, or digital images for sale in any platform, online or in-person, you are agreeing to be bound by these Terms & Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing these sites. The materials contained in this Website and in The Courses or The Photographer & Instructor’s images for sale are protected by applicable copyright and trademark law. This website is owned and operated by Ana Luisa S. Wholley, The Photographer & Instructor. These Terms set forth the terms and conditions under which you may use this website, courses, images and services as offered. This website offers visitors photography services, courses, classes and digital images products for purchase and download. By accessing or using the websites, you approve that you have read, understood, and agree to be bound by these Terms.
2. Use License & Ownership of Intellectual Property, Copyrights and Logos
Permission is granted to The Student to temporarily download one copy of any downloadable materials on The Courses for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the School’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Photographer & Instructor at any time.
The Student must never photograph people and properties (especially if identifiable) without a model or property consent and release. The Student is responsible for acquiring those. All images submitted must be The Student’s own content. The Student must own copyrights to all images and content submitted and/or uploaded to this course.
All images and its copyrights in this course belong to The Photographer & Instructor and are for personal learning purposes only. You cannot resell, redistribute, commercialize or claim them as yours in any way.
The courses and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Photographer & Instructor. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.
3. User communities
The Students is welcome to share their Photo Practices for learning purposes and critique.
The Student has up to 3 months from enrollment day to send the images to The Photographer & Instructor, as each activity is completed. Please send them to email@example.com or via the messaging tool on the platform where the online course is offered.
IMPORTANT: Please note that when The Student shares images, they are giving The Photographer & Instructor license to feature them as promotion for courses. If an image is selected to be showcased in other channels as part of a business marketing tool, the Instructor will ask permission to use it. The Student will always own the copyrights of their own photos, and will always be given photo credit in their name. Terms clarify that all users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website. You can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
4. About Meditation and The School Courses
The Student must agree with the following disclaimers prior to taking any courses with The Photographer & Instructor:
Meditation is not a replacement for traditional treatment. It does not intend to treat or cure any diseases or conditions.
Always consult your doctor and/or mental health professional about starting any meditation practice.
Studies show that people with certain conditions or diseases should not meditate, as meditation can bring awareness to uncomfortable thoughts and emotions. Such conditions include depression, bipolar disorder, among others.
The Photographer & Instructor is not a health care provider, doctor, psychologist, mental health counselor, life coach or any similar professional. Therefore The Photographer & Instructor is NOT liable for evaluating if the student should meditate or take this course. The Photographer & Instructor is also NOT responsible or liable for anything that may happen during the practices of this course. It is The Student’s full responsibility to ensure safety for themselves and others while doing the practices within the syllabus of the courses.
If The Student feels any kind of discomfort during any practice or meditation, they must STOP IMMEDIATELY.
The materials on the courses are provided ‘as is’. The Photographer & Instructor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Photographer & Instructor does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The Photographer & Instructor reserves its right to terminate any courses at its own discretion and without any notice. Accessibility to the courses are for the lifetime of the course itself.
In no event shall The Photographer & Instructor be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Photographer & Instructor’s website, even if The Photographer & Instructor has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Revisions and Errata
The materials appearing on the courses may include technical, typographical, or photographic errors. The Photographer & Instructor does not warrant that any of the materials on its web site are accurate, complete, or current. The Photographer & Instructor may make changes to the materials contained on its web site at any time without notice. The Photographer & Instructor does not, however, make any commitment to update the materials.
The Photographer & Instructor has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the The Photographer & Instructor of the site. Use of any such linked website is at the user’s own risk.
The Photographer & Instructor may revise these Terms & Conditions of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms & Conditions of Use.
10. Governing Law
Any claim relating to The Photographer & Instructor’s website shall be governed by the laws of the The Photographer & Instructor’s home jurisdiction without regard to its conflict of law provisions.
11. Who can use your website; what are the requirements to create an account
In order to use The Website and/or receive products and services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
12. Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices charged for using services / products are listed on the website. The Photographer & Instructor reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for The Courses and the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on to your payment method.
13. Return and refund policy
Digital products cannot be returned or exchanged. The Courses have a 30-day return policy.
14. Retention of right to change offering
The Photographer & Instructor may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. The Photographer & Instructor may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
15. Right to suspend or cancel user account
The Photographer & Instructor may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold The Photographer & Instructor Ana Luisa S. Wholley harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against her by any third party due to, or arising out of, or in connection with your use of The Website or any of The Courses, services or images offered by The Photographer & Instructor.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The Photographer & Instructor Ana Luisa S. Wholley, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, The Photographer & Instructor Ana Luisa S, Wholley assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
18. Right to Change and Modify Terms
The Photographer & Instructor reserves the right to modify these terms from time to time at her sole discretion. Therefore, you should review these pages periodically. When I change the Terms in a material manner, you will be notified that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) The Website, The Courses or the services and images for sale.
19. Promotional emails and content
You agree to receive from time to time promotional messages and materials from The Photographer & Instructor, by mail, email or any other contact form you may provide (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify The Photographer & Instructor at any time.
20. Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/ State of Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Tampa, Florida. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
21. Customer support details & contact info
For contact and support, please email Luisa Wholley at firstname.lastname@example.org.
Ana Luisa Wholley
14522 Mirabelle Vista Cir
Tampa, FL 33626
FINAL NOTE: If you decide to purchase a digital product or service, or enroll in any course by The Photographer & Instructor, it means you fully understand, accept and agree to all the above Terms & Conditions of Use.
Date: December 6th, 2019.