Terms & Conditions
BY USING NEWBEGINNINGSWORKSHOP.ICMPHOTOMAG.NETWORK, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
OVERVIEW
The terms “we,” “us,” and “our” refer to ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group. The term the “Site” refers to newbeginningsworkshop.icmphotomag.network. The terms “user,” “you,” and “your” refer to site visitors, customers, members, and any other users of the site.
ICMPhotoMag Workshops | ICMPhotoMag Network are a community of like-minded photographers in a continuous learning environment that provides education, creative inspiration, mentoring, thoughtful feedback, and encouragement in a safe and welcoming environment.
The primary value of this service and community is to provide mentoring, instructional content, inspiration, and encouragement, as well as interaction in a focused, stand-alone platform of like-minded creatives who are focused on learning in a workshop format. The purpose of the workshop is to provide value from the tools we offer to help you discover your own unique path to creativity and self-expression through ICM photography, in a friendly, nurturing, co-learning environment.
For more detailed and personalized feedback, we do also offer individual mentoring sessions, as well – ICMPhotoMag Mentoring – and members of the ICMPhotoMag Network community are eligible for 15% off these personal mentoring sessions.
SERVICE
ICMPhotoMag Workshops | ICMPhotoMag Network are paid communities for ICM photography, online training, courses, resources, and other content relating to developing creativity and nurturing artistic vision with ICM photography (the “Service”).
Again, value of this service is to provide mentoring, instructional content, inspiration, and encouragement, as well as interaction in a focused, stand-alone platform of like-minded creatives who are focused on learning in a workshop format. We believe you will learn a great deal about yourself, your creative spirit, and your artistic vision by using the tools we provide to get out and do the work.
Use of newbeginningsworkshop.icmphotomag.network, including all materials presented herein and all online services provided by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group according to this Agreement are limited to those listed on newbeginningsworkshop.icmphotomag.network website. ICMPhotoMag Workshops |ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. ICMPhotoMag Workshops |ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group when there are reasonable delays in the access of the Service.
ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group reserve the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group should dissolve or cease to exist, then your access to the Service terminates.
Workshop participants will have access to the Site and all workshop content and Forums for the duration of the workshop period and for two weeks after the end of the workshop. Two weeks after the end of the workshop, all participant access will be cut off and removed.
WORKSHOP CANCELLATIONS & REFUNDS
Our workshops require full payment at the time of registration, and we do ask that you be absolutely certain you will be able to attend and participate for the duration of the workshop before booking a spot.
We understand that life can sometimes alter even our best made plans. For situations and circumstances that may arise which would prevent you from being able to attend or to participate for the duration of the workshop after registering, and for which you would like to request cancellation and a refund, the following is our policy.
Please note that all sessions will be recorded and available for playback the same day as the live session…so it is possible to miss some of the live sessions and still be able to participate fully in the workshop.
Please read this carefully and understand the policy prior to booking a workshop with us.
Cancellation at least 30 days (1 month +) prior to the start of the workshop:
- If the space can be filled, no later than two weeks prior to the workshop start date, we will refund your payment in full…100%
- If the space remains unfilled two weeks prior to the workshop start date, we will refund 50% of your payment.
Cancellation at least 14 days (2 weeks +) prior to the start of the workshop:
- If the space can be filled before the first day of the workshop, we will refund 50% of your payment.
- If the space remains unfilled before the first day of the workshop, no refund will be given.
Cancellation less than 14 days (-2 weeks) prior to the start of the workshop:
- Refunds will be at our discretion, on a case by case basis.
PRODUCT DESCRIPTION
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group may provide access to a community or social media platforms in conjunction with the Service. ICMPhotoMag Workshops |ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group remains yours to the extent that you have any legal claims therein. You agree to hold ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group, including trademarks, copyrights, proprietary information, and other intellectual property. ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group’s copyrighted materials shall remain the sole property of ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group, AND IF NO PURCHASE HAS BEEN MADE BY YOU ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ICMPhotoMag Workshops | ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
ICMPhotoMag Workshops
ICMPhotoMag Network
ICM Photography Magazine
StephJohnPhoto Group
PO Box 205
Tiffin, IA 52340
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.