Terms Of Use

Welcome to Jessica P Photography. We are excited that you want to join our vibrant online community. These terms of use (“Terms” or “Terms of Use”) govern your access to and use of any of our products or services, including our online educational programs (each a “Course”), our website(s) (including jessicapphotography.com), and related applications (including any mobile and TV device apps) and features across all devices and platforms (e.g., computer, mobile phone, tablet, etc.), all of which are collectively referred to herein as the “Service.” By accessing or using the Service, you agree to be bound by these Terms, which constitute your agreement with Jessica P Photography, Inc., and you acknowledge you have read and understood our Privacy Policy and Community Standards, which hereby incorporated into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind, and do bind, the organization to these Terms. References to “we,” “us,” and “our” refer to Jessica P Photography, Inc. References to “you” and “your” refer to you, a user of our Service.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Let’s get real:

We are super stoked that you are using jessicapphotography.com! By using our site, you agree to our terms. We might change our Terms every once in a while and we will post the updates here. You’re responsible for keeping up to date.

1. Changes to Terms. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.

2. Your Use of the Service.
   1. Eligibility and Registration. You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process and while using our Service so that it remains true, accurate, up-to-date and complete at all times. The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (each, an “Authentication Service”). By registering for or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including your user name, profile picture, email address. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
   2. Gallery Participation. As part of the Service, you may have the opportunity to upload and post your works and other content (“Gallery Content”) on interactive social webpages (each a “Gallery” and together the “Galleries”) for comment and discussion. If you choose to participate in the Galleries, you do so subject to these Terms. You retain all ownership rights in and to your Gallery Content, but grant us the license to use your Gallery Content as set forth in Section 4. We reserve the right to remove any of your Gallery Content or related postings at any time, for any reason or no reason, without liability to you or any third party. You may also elect to submit your Gallery Content for use in one or more of our Courses subject to the license set forth in Section 4b(ii).
   3. Account Security. You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. We will not ask you for your password. If you need a new user name or password, we will generate a user name and password automatically and send it to the email listed on your account. You must notify us immediately at [email protected] if you believe that your account has been compromised.
   4. General Practices Regarding Use and Storage; Modification to the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. We reserve the right to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.
   5. Mobile Service The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Let’s get real:

You must be 18 to use our site. If you login via Facebook or Google, we can access information that you have in those profiles. If you think someone else is using your account, let us know. Don’t post things you shouldn’t.

3. Fees and Refunds
   1. Live Courses. Our live Courses may generally be viewed for free through the Service (though we reserve the right to charge fees with respect to any particular Course).
   2. Viewing or Purchasing Courses after Live Stream. If you’d like to purchase a copy of or view a Course after the live stream, you must pay a fee at the price listed on the Service for that Course. Different Courses may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Course.
   3. Subscriptions. You may purchase a subscription to the Service that allows you to view our Courses during the term of the subscription.

      1. Month-To-Month. If you choose a month-to-month subscription, your subscription will begin when we receive your initial payment. Your month-to-month subscription automatically will renew each month without notice until you cancel. You authorize us to store your payment method and to automatically charge your payment method every month until you cancel. We automatically will charge you at the then-full-rate rate you paid for your subscription plan, plus applicable taxes if the rate does not include them, every month upon renewal until you cancel. We may change your plan’s rate from time to time, and we will notify you of any rate change with the option to cancel. Once you cancel your subscription, such cancellation will enter into effect at the end of the applicable subscription period (i.e. at the end of the month).

      2. Annual Paid Annually. If you choose a prepaid annual subscription, your subscription will begin when we receive your annual payment. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes if the rate does not include them. Your prepaid annual subscription automatically will renew on your annual renewal date until you cancel. You authorize us to store your payment method and to automatically charge your payment method every year until you cancel. WeUpon renewal, we automatically will charge you at the then-full-rate for your plan, plus applicable taxes if the rate does not include them, every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. Once you cancel your subscription, such cancellation will enter into effect at the end of the applicable subscription period (i.e. at the end of the subscription year).

      3.  Annual Paid Monthly. If you choose an annual subscription that is paid monthly, your subscription will begin when we receive your initial payment. You will be charged the annual rate stated at the time of purchase in twelve (12) equal monthly installments, plus applicable taxes if the rate does not include them. Your subscription will automatically renew annually without notice until you cancel., and you will be charged the annual rate in twelve (12) equal monthly installments. You authorize us to store your payment method and to automatically charge your payment method every month until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel.

   4. Fee Changes. Fees for using the Service, including fees for viewing or purchasing Courses and subscription fees (“Fees”), are subject to change at any time, with or without notice (unless provided otherwise herein), and without liability to you or any third party.
   5. Refunds.  If you are not satisfied with your subscription within seven (7) days after purchasing through our browser-based application, we may issue a refund, in our sole discretion. If you are not satisfied with a Course purchase within thirty (30) days after purchasing through our browser based application, we may issue a refund, in our sole discretion.   If you are not satisfied with a Course purchase within thirty (30) days through our mobile application, we may issue you an equivalent credit, in our sole discretion, in the form of a coupon code, to be used towards future purchases of our Courses. If you notify us within thirty (30) days of your purchase that you are unable to view a Course in particular or the Service generally due to a technical issue on our end, we may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part. Courses that have been downloaded are not eligible for refunds. If you abuse this refund policy, as determined by us in our sole discretion, you may no longer be able to get a refund and/or access your account with us.
   6. Free Access. We may offer free Courses, trials, and subscriptions, at our sole discretion. If access to the Service or any Course is provided to you for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, we may, at our sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Service by paying for Courses or enrolling in a paid subscription. During the free or trial period, no express or implied warranties shall apply to the Service, the Services is provided “as-is” and “as-available” with all defects, and no technical or other support is included.
   7. General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to us. If your credit card or other payment method fails, we may suspend your subscription and access to the Service.

4. Licenses
   1. From Us To You.

      1. Consumer User License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, and subject to payment of applicable Fees, we grant you a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses purchased by you. Your purchase of any Course entitles you only to view that Course in accordance with the foregoing license and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you have purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity, and any attempt to do so is void.

      2. Business User License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, and subject to payment of applicable Fees, we grant you a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to make personal, non-commercial use of the Service and Courses. Your business user license entitles you only to view Courses in accordance with the foregoing license and subject to the terms of the applicable Master Service Agreement between you and us and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses included in your business license unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

Let’s get real:

If you buy a course, only you can view it. We can end your ability to view it if you violate these terms.

1. 2. From You To Us.
      1. General. You grant us, for no consideration of any kind, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute, and display the content you upload to the Service, including your Gallery Content, text, Jessica P Photography social profile information (including your user profile on the Service), and other content you share with us through the Service (collectively, “User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public, or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share, or otherwise include your User Content as a result, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. We will not offer any of your User Content for sale or otherwise directly monetize it in any way.
      2. Student Work Gallery Course Participation. As noted in Section 2(b), we want to provide you the best educational experience possible and encourage you to submit your Gallery Content for discussion in our Courses, in which case we may display your Gallery Content in the live Course and any recording of the Course thereafter, and also reference you and your Gallery Content. You grant us, for no consideration of any kind, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to: (1) use any information included in your “Gallery” section, including your name, picture, voice, appearance, likeness, statements, performance, and biographical information (e.g., Twitter handle) (your “Publicity Rights”) and your Gallery Content in the Service; and (2) copy, distribute, perform, display, modify and create derivative works of, and exploit, your Publicity Rights (in whole or part) and your Gallery Content in the Service, including to advertise, promote or market all or portions of the Service and related programs and courses (e.g., blog posts, promos, marketing, compilations, mini-series or best-of). This license includes our right to use other works containing or based on your Gallery Content without any restriction as to changes or alterations, and Gallery Content may be modified, used in derivative works, distorted, included in composites, or otherwise used in unexpected contexts, manners, or forms, subject to the license above. We will not offer any User Generated Content for sale or otherwise directly monetize it in any way.

         Please keep in mind that the works we choose to include in a Course depend on how well the work fits in with any instructor discussions. As such, we have discretion over which works will appear in a Course and are not obligated to include your Gallery Content in the Service or exercise any of our rights and licenses herein. You irrevocably waive the right to inspect or approve any uses of your

Let’s get real:

If you submit content to Jessica P Photography galleries or the Site generally, we can use it and information about you that you’ve given us access to for promotional purposes. We don’t own it and can’t sell it but we may use it or change it, for no consideration, and we may keep it after you delete it from your account.

5. Prohibited Conduct. You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to (a) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler, or other process that interferes with, disrupts, or damages the Service or any other system, hardware, or software; (b) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (c) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer, or adapt any of the software, information, text, graphics, source code or HTML code, or other content on the Service except as expressly allowed by these Terms; (d) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (e) “deep link” to, “frame,” “mirror,” “in-line link” to, transfer to another person, or employ similar navigational technology to, the Service content; (f) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (g) violate a third party’s intellectual property, personality, publicity (including exploiting minors), or other proprietary rights when using the Service; (h) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (i) post false, obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive, or illegal material on the Service; (j) advertise or otherwise solicit funds, goods, or services on or through the Service or provide any commercial hosting service with access to the Service or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (k) engage in conduct that violates the laws of the United States or any state, local, or foreign jurisdiction; or (l) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.

Let’s get real:

Don’t share your login information, post porn and other obscene stuff, embed sketchy links, tread on others’ property rights, or generally be a jerk.

6. Our Proprietary Rights. All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software, and the arrangement of all content in the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to the respective copyright owners of the content. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell, or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble, or otherwise attempt to discover the source code of the Service or any part thereof.
7. Trademarks. “Jessica P Photography” and all related logos, graphics and icons are service marks or trademarks of Jessica P Photography, Inc. All other trademarks, service marks, product names, company names, or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
8. Third Party Content; Applications, Hyperlinks. The Service includes social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
9. User Generated Content (UGC). There may be content on the Site and/or the Service which is added by users of the Site and/or Services, as opposed to content created by Jessica P Photography. Jessica P Photography does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Let’s get real:

Don’t steal or improperly use content that belongs to us or our users. We respect IP rights and you should, too.

Let’s get real:

Third party links may take you off of jessicapphotography.com. Most of those links lead to something awesome, but we are not responsible if they don’t.

10. Procedure for Making Claims of Copyright Infringement. We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice including the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. identification of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the 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 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 the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.