Virtual Academy Website -  Terms of Use


By accessing, registering to or otherwise using the Foto Master virtual academy website and any other content, materials or services included therein (“Website”), you agree to abide by the terms and conditions set forth below (“Terms”). If you are acting on behalf of a company, entity, organization or other person (“Entity”), you represent and warrant that you are legally authorized to contractually bind that Entity under these Terms.    

General

  1. The Website is intended solely for customers of Foto Master, who are (1) the holders of a Foto Master’s virtual academy ticket which has been purchased legally in compliance with the terms of the Virtual Academy Policy; or (2) expressly authorized by Foto Master to access and use the Website (“Customers”). 
  2. Your right to access and use the Website (subject to these Terms) is granted on a personal basis only, and cannot be assigned or transferred to any other third party without the Foto Master’s prior written permission.
  3. These Terms are supplemental to the Virtual Academy Policy which applies to any ticket holders and participants of the live virtual academy event(s). In case of any conflict between these Terms and the Virtual Academy Policy’s terms, where both are applicable, the last shall prevail.

Account


  1. You need an account to access and use the Website. When setting up your account, you have to choose a username and password. Your account, user name, and password are personal and cannot be sold, transferred, or assigned to any third party. Please keep your account information in a safe and secure place. 


Intellectual Property

  1. All content and information of any kind in and to the Website, including without limitation, text, files, data, graphics, code, software, visual content, audio content, audio visual content, images, photos, methods, developments improvements, know-how information, copyrighted materials, copyrightable materials, patents or patentable inventions (collectively: “IP Content”) shall be fully vested in Foto Master and its licensors, under any circumstances. Unless otherwise is expressly stated in these Terms, you are not granted any rights in the IP Content.
  2. The Website and the IP Content are protected by intellectual property laws, and international treaties of the USA, Israel, and other jurisdictions. 
  3. By providing Foto Master with any feedback or suggestions regarding the Website, you expressly waive any of your rights (including moral rights) associated thereof, and Foto Master will be free to use such feedback or suggestion without any obligation to you.

 

Restrictions

  1.  You are prohibited from and agree to not:
    1. Access or use the Website in an illegal or unauthorized way;
    2. Record, film, copy, modify, alter, reproduce, adapt, embed, transmit, broadcast, distribute, transfer, share, sell or rent the Website and the IP Content (or any part of it) unless expressly permitted in writing by Foto Master;
    3. Create derivative works based on, reverse engineer or reverse assemble the Website or the IP content;
    4. Damage, misuse, or interrupt the Website in any way, including without limitation, by using viruses, worms, malicious software, or other hacking tools or software;
    5. Scrape, spider, scrawl, or use other automated means of any kind to or in the Website.

Disclaimer

  1. Foto Master makes no representations or warranties of whatever kind in connection with the Website, and disclaims all express or implied warranties as to the accuracy, fitting for particular purposes, merchantability, or relevancy of the Website, which is provided to you on the sole basis of “As-Is” and “As-Available”. 
  2. The Website may contain the word “academy” as part of its content, including in any related URLs. It is hereby clarified that such use is for marketing purposes only, and nor the Website neither any of the content and materials related thereof (including courses or other methods of studying) is provided, sponsored, or supported by any academic institution or similar entities. The courses and any study materials contained on the Website are for informational purposes only and they are not related to any academic or professional degree of whatsoever kind or nature.
  3. Foto Master has no responsibility for, and cannot guarantee the accuracy of any content or information displayed on or provided by the Website, including content or information that is based on or referring to external links and sources.  

No Refund

All payments and purchases made on or through the Website are final, non returnable and non refundable to the extent permitted by applicable law. 

Limitation of Liability

  1. FOTO MASTER (AND ANY OF ITS EMPLOYEES, MANAGERS, REPRESENTATIVES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION, FAILURE TO MEET ANY OF YOUR ASSUMPTIONS, EXPECTATIONS OR SPECIFIC PURPOSES; LOSS OF TIME, MONEY OR PROFIT, LACK OF AVAILABILITY OF FEATURES IN THE WEBSITE, AND ANY DELAYS OR INTERRUPTION TO ACCESS OR USE THE WEBSITE FOR WHATSOEVER REASON.
  2. YOU ASSUME ALL RISKS OF ANY KIND ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BROWSING THE WEBSITE AND VIEWING ANY OF THE WEBSITE’S CONTENT.






Indemnity


  1. You agree to indemnify, defend, and hold harmless Foto Master and its employees, managers, representatives, or agents against all damages and losses of any kind, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of the Website, or any violation of these Terms.


Privacy


  1. Foto Master may collect, store and process certain personal information during your use of the Website. Such personal information may include your registration information, account details, data relating to your use of the Website (e.g., viewed courses; your progress through the courses), and data relating to your device when browsing the Website. The personal information will be processed by Foto Master in accordance with the Foto Master’s Privacy Policy.
  2. The Website is based on a platform of Thinkific. Accordingly, your personal information may be collected, processed, and stored by Thinkific. For more information regarding Thinkific’s privacy practices, please refer to their privacy policy, outlined here: https://www.thinkific.com/privacy-policy/.


Termination


  1.  Any violation of these Terms (or any part of them) may result, in the Foto Master’s sole discretion, in the immediate termination of (1) your eligibility to access and use the Website; and/or (2) to participate in any future virtual academy event(s) managed by Foto Master or its affiliates. Without derogating from the above, Foto Master reserves its right to demand all remedies available to it by law, upon termination.


Governing Law

  1. The term “Foto Master” mentioned in these Terms refers to the entity you are contracting with, as follows:
    1.  If you are located in the USA, the contracting party is FOTOMASTER, LLC, and these Terms shall be exclusively governed by and construed in accordance with the laws of the State of Delaware, USA, and any claim or dispute arising out of or in connection these Terms shall be brought in the competent courts located in Wilmington, Delaware.
    2. If you are located anywhere outside the USA, you are contracting with Foto Master Ltd., and these Terms shall be exclusively governed by and construed in accordance with the laws of Israel, and any claim or dispute arising out of or in connection with these Terms shall be brought in the competent courts located in Hamerkaz district, Israel.
  2. Notwithstanding the foregoing, Foto Master shall have the right (but not the obligation) to initiate injunctive or equitable relief in the jurisdiction where you reside or operate a business.

Class Action Waiver

  1. You agree that all claims and disputes arising out of or in connection with these Terms against Foto Master will be on an individual basis only. To that end, you agree to not become a party to or participant in any group, representative, class, collective, or hybrid class - collective action in any court or other forum. 

Severability

  1. If any provision under these Terms is determined to be unenforceable, that provision shall be severed (to the extent determined to be unenforceable), and all other provisions of the Terms shall remain in full force and effect.


No Waiver


  1. The failure of Foto Master to insist upon strict adherence to any term of these Terms shall not be considered a waiver of Foto Master’s rights to insist upon strict adherence to that term or any other term of these Terms.


Miscellaneous


  1. Foto Master reserves the right, in its sole discretion, to make any changes or modifications to the Event’s agenda and content, without any prior notice.


Contacts


  1. For any questions or concerns regarding these Terms, please contact [email protected].