TERMS AND CONDITIONS OF USE
BY VISITING EARCHPHOTO.COM AND/OR EARCHPHOTOSPORTS.COM AND/OR BECAUSEGOALKEEPERS.COM YOU ARE EFFECTIVELY GIVING CONSENT TO OUR TERMS & CONDITIONS AND PRIVACY POLICY.
OVERVIEW
The terms “we”, “us”, “our” and “Earchphoto” refers to Earchphoto. The term the “website” refers to earchphoto.com earchphotosports.com becausegoalkeepers.com and all photo galleries, online articles, vidoes, classes, information connected to Earchphoto. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
earchphoto.com, earchphotosports.com, becausegoalkeepers.com provide websites where users can view images and video, learn about photography, marketing, and other topics, read articles and blog posts about photography, marketing, business, and more. On the websites, users can choose to purchase a license to use and/or reproduce individual images, order and purchase prints, photo books, works of art, fine art items, access to classes and workshops, online programs, books and e-books, audio and/or video downloads, and educational or promotional/marketing materials.
Use of the websites and all materials presented and online services provided by Earchphoto 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 and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge that you have carefully reviewed them.
CONFIDENTIALITY AND NON DISCLOSURE OF CLIENT AGREEMENTS
All services and content produced for specific clients are regarded as confidential and subject to non-disclosure agreement (NDA). Earchphoto reserves the right to refuse to disclose clients lists, names, testimonials, or to show products and images or videos from any photoshoot, without obligation to assign reason for doing so.
The display of images of individuals, organizations, entities, products in any images of our websites does not constitute proof of contract, agreement, endorsement, sponsorship or any relationship with such entities or individuals.
SUBJECT PERMISSIONS
All images portraying recognizable individuals or private property will be licensed exclusively after authorization by the subject. Third parties such as news publishers or journalists are responsible for obtaining authorization prior to contacting us to arrange for licensing.
NO-NEGATIVE PUBLICITY AGREEMENTS
All individuals, organizations, or entities requesting to license images or videos are bound by our use agreement which requires no defamation or negative publicity of any kind. By licensing images or video or purchasing content or programs or otherwise using our websites and any content therein, you agree to never use our materials in association with defamation or negative publicity or inappropriate information or news story about the individuals, organizations, and products portrayed in the materials. This requirement is binding and strictly enforced at all times.
USE OF OUR WEBSITES AND SERVICES
To access or use the webites, you must be 18 years of age or older, and have the required power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the websites. If you are younger than 18 years of age and you are reading this terms, please do not visit any of our websites.
All information, images, videos, educational materials, articles, books, and any other materials provided on the websites and in our services are subject to change at any time. Earchphoto makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Earchphoto disclaims all liability for any inaccuracy, error or incompleteness in the content of the websites listed above.
ELECTRONIC COMMUNICATIONS
You may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or other services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CLIENT ACCOUNTS
In order to use our services, view images or video, read books and articles and other materials, order and purchase items, you will be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Earchphoto will always be accurate, correct and up to date, and that you will not impersonate someone else or provide an email address or contact information other than your own.
LAWFUL PURPOSES
You also agree that your client account on our websites must not be used for any illegal or unauthorized purpose. You may use the websites and services for lawful purposes only. You must not, in the use of the Service, violate any laws in your jurisdiction. Earchphoto reserves the right to refuse service based on your provision of inaccurate account information or suspicion of unlawful or inappropriate activity on your part.
PURCHASES
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the websites. You agree to our Copyright, Trademark, and licensing policies, and by using the websites you acknowledge that you have reviewed and understood such policies.
You shall not post or transmit through any of our websites or blogs or social media pages any material which violates or infringes the rights of others, or which is considered inappropriate, defamatory, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, threatening, or otherwise objectionable, or contains content which may be considered unlawful or possibly connected to criminal activity, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
Earchphoto reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Earchphoto reserves the right to limit the number of clients or participants in any given online or in-person program or learning activity. Earchphoto reserves the right to refuse the licensing of any images or other product of intellectual property. Earchphoto may at any time change or discontinue any aspect or feature of the websites or services.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
SUBSCRIPTIONS
If you’ve signed up for a month-to-month recurring subscription with us, the subscription renews automatically and your credit card will be charged by the payment processor (Stripe, PayPal, or SquareUp) for the fees stated at the time of purchase. Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
EDUCATIONAL ACTIVITIES
If you have signed up for educational activities such as an online class or in person workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop. In the event that your application is not accepted, you will receive a full refund promptly.
CANCELLATIONS, REFUNDS & RETURNS
All sales of physical products such as prints, photo books, hardcopy books, and any other physical items are final, no refunds will be given unless otherwise stated. All sales of digital products which are downloadable upon confirmation of purchase are final, unless otherwise stated. All live or recorded online educational materials, webinars, workshops, courses, training programs, educational ebooks, are nonrefundable, unless otherwise stated.
If you wish to cancel a monthly subscription you have with us, you can do so any time, and you will not be charged effective the following month. We will keep the current payment for the month.
PRODUCT AND SERVICE DESCRIPTION
We do everything to describe and display the products and services offered as accurately as possible. Make sure to ask questions and clarifications before submitting an order or completing a purchase. While we try to be as clear as possible, nowhere is implied that our websites are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, or make other appropriate changes. We reserve the right to refuse or cancel any order with an incorrect price listing or description.
EDUCATIONAL PRODUCTS AND ACTIVITIES: EARNINGS DISCLAIMER
When addressing business and marketing or pricing and financial matters in any of our websites content pages and materials or programs, we do NOT guarantee that you will get any specific results or outcome. There is no promise or guarantee to you of future business outcome, result, or earnings.
EDUCATIONAL PRODUCTS AND ACTIVITIES: RISK DISCLAIMER
By subscribing or purchasing any product on our websites, you agree and understand that you are fully and solely responsible for your progress and results. You agree that we offer no representations or guarantees verbally or in writing regarding your success, results, outcomes, earnings, profits, or performance. You alone are responsible for your actions and results in life and business. You understand that any testimonials or endorsements by our clients represented on our websites content only serve as an example. Any statements outlined on our websites, programs, content and offerings are simply our opinion and are NOT guarantees or promises of actual performance.
INTELLECTUAL PROPERTY
All content provided on our websites, including all products and all online materials are the intellectual property of the creators at Earchphoto. The content of the websites and services are protected by United States trademark and copyright law. 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 content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright notice, watermark, logo, or other notice from the content of the websites.
We reserve the right to immediately remove you from the services, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. ***taking and using unauthorized screenshots or unlawfully saving our images, videos, content, or copying text on your computer without permission is considered Copyright infringement (and it's stealing, really).***.
CHANGED TERMS
Earchphoto reserves the right to amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this page. Any use of the websites or services by you after being notified means you accept these modifications. We reserve the right to update any portion of our websites and services, including these Terms and Conditions, and/or all other policies, at any time.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of our websites or services or products. Additionally, Earchphoto 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 Earchphoto has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the complete exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Earchphoto’s cumulative liability to you exceed the total purchase price of the services or products you have purchased from our websites, and if no purchase has been made by you, Earchphoto’s cumulative liability to you shall not exceed $1.
THIRD PARTY RESOURCES
Our websites and some of our products and services may contain links to third party websites and resources, and to third party payment processors such as PayPal, Stripe, SquareUp, and similar services. By using our websites and any content, products, and services, 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 Earchphoto. 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, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of our websites or products and services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, 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 defense without our prior written consent.
WAIVER
No waiver of any of the provisions of this Agreement by Earchphoto 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 Earchphoto.
GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or mediation based on or arising out of this Agreement shall be in Harris County, TX. The parties agree to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including arbitration or other dispute resolution procedures.
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 attorneys’ 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.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
DISCLAIMER
This site and the products offered on our websites are not associated, affiliated, endorsed, or sponsored by other businesses, nor have they been reviewed tested or certified by other businesses.
Materials in our products, services, and websites may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential performance.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
EARCHPHOTO
2323 CLEAR LAKE CITY BLVD.
SUITE 180-280
HOUSTON, TX 77062