Terms & Conditions
Date of Last Revision: January 20203
Welcome to Masters of Photography!
Masters of Learning (“Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.mastersof.photography the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). Such Services are provided through the trade name Masters of Photography. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at mastersof.photography/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to provide online classes.
Access to the class: Online access to your choosen class is immediate after your payment has been made and accepted.
Use Description: The Masters of Photography services, and any content viewed through our service, are solely for your personal and non-commercial use. With your Masters of Photography purchase we grant you a limited, non-exclusive, non-transferable, license to access the Masters of Photography content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Your Registration Obligations: You may be required to register with Masters of Photography in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to
(a) immediately notify Masters of Photography 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 when accessing the Service. Masters of Photography will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Masters of Photography reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Masters of Photography will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
General Practices Regarding Use and Storage: You acknowledge that Masters of Photography 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 Masters of Photography’s servers on your behalf. You agree that Masters of Photography has 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 Masters of Photography reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Masters of Photography reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: 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. By using the Mobile Services, you agree that we may communicate with you regarding Masters of Photography and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Masters of Photography account information to ensure that your messages are not sent to the person that acquires your old number.
Cooling off period:Following acquisition of the Services, and prior to having downloaded or streamed the online course purchased, you will have a 14 day period within which you can request a refund following which, access to the Services will be terminated. You understand and consent to the fact that such cooling off period will terminate immediately once the download or streaming of the Services begins. No refund is available for customers as of 14 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Masters of Photography’ssole discretion. If Masters of Photography determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 14-day money back guarantee email support@mastersof.photography
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Masters of Photography. Masters of Photography reserves the right to investigate and take appropriate legal action against anyone who, in Masters of Photography’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:email or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) 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;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Masters of Photography, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Masters of Photography or its users to any harm or liability of any type;
(viii) interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
(ix) violates any applicable local, state, national or international law, or any regulations having the force of law;
(x) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(xi) solicits personal information from anyone under the age of 18;
(xiii) harvests or collects email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(xiv) advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;
(xv) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; or
(xvi) obtains or attempts to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Masters of Photography information regarding your credit card or other payment instrument. You represent and warrant to Masters of Photography that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Masters of Photography the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Masters of Photography to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Masters of Photography know within sixty (60) days after the date that Masters of Photography charges you. We reserve the right to change MasterClass’ prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than UK taxes based on Masters of Photography’s net income. This ‘Fees’ section shall not apply to you if you are gaining access to the Services using a gift voucher.
Software Downloads: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, downloaded or used at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Masters of Photography, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Masters of Photography from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Masters of Photography, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Masters of Photography.
The Masters of Photography name and logos are trademarks and service marks of Masters of Learning (collectively the “Masters of Learning Trademarks”). Other Masters of Learning, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Masters of Photography. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Masters of LearningTrademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Masters of LearningTrademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Masters of Photography be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Masters of Photography does not pre-screen content, but that Masters of Photography and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Masters of Photography and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Masters of Photography, in its sole discretion, to be otherwise objectionable. 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.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Masters of Photography, its affiliated companies and partners (including but not limited to Masters of Photography instructors, practitioners and other third parties providing instructional information through the Services, collectively “MOP Partners”) a nonexclusive, worldwide, royalty free, fully paid up license to use your User Content in any and all media, form, medium, technology or distribution methods now known or later developed for the purpose of describing and promoting any and all aspects of Masters of Photography’s or MOP Partners’ operations (including without limitation all Masters of Photography courses and the materials associated therewith – whether promotional or otherwise). For the sake of clarification, this license does not grant Masters of Photography the right to commercially exploit your User Content without your consent.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Masters of Photography, its affiliated companies or partners are non-confidential and Masters of Photography, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Masters of Photography 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:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms of Service;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Masters of Photography, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Masters of Photography respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Masters of Photography of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail or facsimile at:
Masters of Photography
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 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.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the UK courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Masters of Photography will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:In accordance with the DMCA and other applicable law, Masters of Photography has adopted a policy of terminating, in appropriate circumstances and at Masters of Photography’s sole discretion, users who are deemed to be repeat infringers. Masters of Photography may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Refund and Cancellation Policy.
Should you be dissatisfied with the Service within the first 14 days after purchase, Masters of Learning Ltd will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 14 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Masters of Learnings sole discretion. If Masters of Learning Ltd determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 14-day money back guarantee email support@mastersof.photography. Refunds will be made within 7 working days
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Masters of Photography has no control over such sites and resources and Masters of Photography is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Masters of Photography will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Masters of Photography is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Masters of Photography’suse, storage and disclosure of information related to you and your use of such services within Masters of Photography(including your friend lists and the like), please see our Privacy Policy at a www.mastersof.photography
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Masters of Photography shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Masters of Photography is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Masters of Photography is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Masters of Photography enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Masters of Photography and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your following any advice or instructions given anywhere on the Masters of Photography site or in any of the Masters of Photography courses or in any User Content, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Masters of PhotographyEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Masters of Photography MAKES NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Masters of Photography WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Masters of Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) 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 SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Masters of Photography’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Masters of Photography IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS (£100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Arbitration
At Masters of Photography’sor your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in London, England before a single arbitrator mutually agreed upon by the parties, and will be conducted in accordance with the rules and regulations promulgated by LCIA unless specifically modified in the Terms of Service (which rules shall be deemed to be incorporated by reference to this clause). The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Masters of Photography changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Masters of Photography’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Masters of Photography in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Masters of Photography, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Masters of Photography believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Masters of Photography may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Masters of Photography 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 or the Service. Further, you agree that Masters of Photography will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Masters of Photography will have no liability or responsibility with respect thereto. Masters of Photography reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Masters of Photography and govern your use of the Service, superseding any prior agreements between you and Masters of Photography with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of England and Wales. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Masters of Photography agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. The failure of Masters of Photography to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Masters of Photography will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Masters of Photography, but Masters of Photography may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Paul Nicklen Prize Draw Terms and Conditions
1. By entering the prize draw you are agreeing to these prize draw terms and conditions.
2. The prize draw is being run by Masters of Learning Ltd.
Eligibility to enter
3. The prize draw is automatically open to all individuals who have bought a Platinum Access Masterclass on https://mastersof.photography website before the 15th January 2023 at midnight PST or by people requesting entry by simply emailing support@mastersof.photography.
4. A maximum of one entry per individual is permitted.
5. Masters of Learning Ltd will not accept responsibility if contact details provided are incomplete or inaccurate.
6. The prizes are:
a. Sony a7R V camera body, a Sony G Master 200-600 zoom lens, a Sony G Master 24-105mm zoom lens, a Gitzo carbon tripod
b. A one on one review of your photographic work or portfolio with Paul Nicklen at a time convenient for both the winner and Paul Nicklen.
7. Masters of Learning Ltd use of particular brands as prizes does not imply any affiliation with or endorsement of such brands.
8. The winner will be drawn at random from all the entries as per point 3 above.
9. The prize is non-exchangeable, non-transferable and no cash alternatives will be offered.
10. We reserve the right to substitute prizes with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.
11. The decision of Masters of Learning Ltd regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
Winner announcement
12. The winner will be notified after 15 January 2023 via the email provided during purchase.
13. Masters of Learning Ltd will attempt to contact the winner by email up to two times.
14. If the winner does not respond to the emails notifying them of their win within 14 days of the second email, they will lose their right to the prize, and Masters of Learning Ltd reserves the right to choose and notify a new winner.
15. Prize provided by Sony will be available from May 2023. Please allow 14 days for delivery of the prize or alternative collection or delivery arrangements may be made through mutual agreement.
Data protection and publicity
16. You consent to any personal information you provide in entering the prize draw being used by Masters of Learning Ltd for the purposes of administering the prize draw, and for those purposes as defined within our privacy notice.
17. All entrants may apply for details of the winning participant by contacting us at support@mastersof.photography.
18. The winner agrees to the release of their first name and place of work to any other prize draw participants if requested via Masters of Learning Ltd.
19. An announcement of the winners first name and place of work will be made via Masters of Learning Ltd site.
20. All personal information shall be used in accordance with Masters of Learning Ltd Privacy Notice.
Limitation of Liability
21. Masters of Learning Ltd does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize, save that Masters of Learning Ltd does not exclude its liability for death or personal injury as a result of its own negligence.
22. On receipt, all responsibilities relating to warranty and the product are that of the prize winner.
General
23. Masters of Learning Ltd reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.
24. The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
