Terms and Conditions
Effective date: February 7, 2019
Thank you for visiting the Samy’s Photo School Site, www.samysphotoschool.com owned and operated by Samy’s Camera, Inc. (“Site”).
You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).
By clicking on the “add to cart” button, or otherwise using samysphotoschool.com, you are agreeing to the following:
YOU AGREE TO THE BINDING ARBITRATION AND WAIVER OF CLASS CLAIMS CONTAINED IN THE “APPLICABLE LAW/JURISDICTION – WAIVER OF CLASS ACTION” SECTION OF THESE TERMS TO RESOLVE ANY DISPUTES WITH SAMY’S CAMERA
USE OF THIS SITE
Your viewing and use of this site is at your own risk. By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Samy’s Camera provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
Additional terms and conditions may apply to certain services offered through our Site, such as travel photo workshops. Please read the applicable terms and conditions as they will apply to those services.
User age and access. By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Samy’s Camera. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
Your representations to us. By using this Site you represent and warrant to us that (1) you have the consent of every individual whose likeness you post to or upload through the Site to do so, (2) you have the required authorization from the owner of any copyright or other property right to post or upload their materials to or through the Site or through kiosks or other terminals at Samy’s Camera, (3) all information you have provided is current, true, and complete, (4) we have your consent to keep a record of the content of your postings to or though the Site and to retransmit your online or in-store postings, for example for purposes of photo processing or printing or other purposes, (5) you agree that any person who uses the Site may view and/or comment on the material you post to the Site, and (6) you understand that we may terminate your account without prior notice and at our sole discretion if we determine that you have violated these Terms.
While Samy’s Camera makes every effort to present accurate and reliable information, the Site is presented “as is.” Samy’s Camera makes no guarantees with regard to the content or services of the Site, nor the accuracy, suitability, or reliability of any of the information or services provided on the Site. Samy’s Camera makes no guarantees that the web server used to present the Site is free of harmful agents including viruses, downloadable software, or other components that could affect your computer beyond the control of Samy’s Camera.
From time to time there may be information on the Site or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Samy’s Camera reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Samy’s is not responsible for typographical / photographic errors or price increases.
The prices displayed on the Site are quoted in United States Dollars and are valid and effective only in the United States All prices subject to change without prior notice.
RULES AND LIMITS ON MODIFICATIONS TO THE SITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by individuals using authorized services of Samy’s Camera/Samy’s Photo School. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Samy’s Camera/ Samy’s Photo School specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, offensive, graphically violent, pornographic, or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or Samy’s Camera’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Registration for courses, workshops and events can be made by completing and purchasing a ticket on the Samy’s Camera Photo School website (www.samysphotoschool.com). Samy’s Camera limits class sizes to allow for the optimal training environment for the individuals taking the class. This ensures sufficient individual attention. Pre-registration is required.
One customer per seat purchased only. Unpaid persons accompanying a paid student to class will not be permitted to attend the course. If you have a disability or some other condition that requires someone accompany you in order to attend the course, please contact us to make arrangements.
Students must be 18 years of age to attend courses and events. Minors under the age of 18 must be accompanied by a parent or guardian.
The course fee for public classes will be charged per participant for the entire course. Fees vary in accordance with the course level, duration, and delivery method. A listing of course schedules and related fees are available on our website.
Unless otherwise noted, course fees permit attendance to the entire class session(s) specifically designated for that course, date, and time period and any materials that have been created for all participants with the express purpose of facilitating the learning within the course. Any classes missed by the participant, through no negligence or technical issues caused by Samy’s Camera, remain the responsibility of the participant, and “make-up” sessions are not available as part of the original fee paid. For on-site classes, fees do not include the cost of travel, accommodation, food, or any other extra services. We do not take responsibility for non-refundable airline tickets.
Any discounts that may apply as part of an agreement or special promotion cannot be combined, unless specifically granted by Samy’s Camera. Samy’s Camera reserves the right to review and change course fees without notification. However, course dates that were booked prior to the price change, and for which Samy’s Camera have received valid payment; will be honored at that fee that was applicable at the time of booking.
Refunds and Cancellations:
Our goal is to provide a fun and professional learning environment that fosters a positive experience and builds a strong relationship with Samy’s Camera customers. Unless otherwise noted, all classes require advance registration due to limited seating and/or availability.
Samy’s Camera may cancel or reschedule a training course if the number of participants is less than that specified for the relevant event, or if an instructor is incapacitated through illness, or for other reasons of a serious nature. Should this be the case, all monies will be refunded in full. Samy’s Camera shall not be liable for non-refundable travel arrangements if any course, event, workshop, lecture or expedition is cancelled or rescheduled.
Unless otherwise specified on the course website, refund requests for single-day classes and events must be submitted via email 7 days prior to a course. If a cancellation or rescheduling request is received less than 7 days before the event, or in the case of absence without any notice, no refund will be issued. The customer has the right to send another participant as a substitute. There are no refunds for partial use of services or partial attendance. Certain specific courses require more than 7 days prior notice for a refund to be granted. The information and restrictions regarding refund requests contained in each course listing description concerning refunds shall apply.
Course Copyright / Intellectual Property Rights:
The copyright in and all other intellectual property rights relating to the course documentation, and any other training materials provided to the course participants, are solely owned by and hereby reserved to Samy’s Camera. Under no circumstances may the whole or any part of the course documentation be produced or copied in any form or by any means or translated into another language without the prior written permission of Samy’s Camera. Training materials are defined to also include all electronic knowledge products or learning systems, which have been given to the participant on a storage device or made accessible via the Internet. Offenders are liable for payment of damages.
Samy’s Camera reserves the right to amend the content of any course without notice to the participants where, at the sole discretion of Samy’s Camera, such amendment is deemed not to fundamentally change the content of such course.
Rules of Participation:
Each student attending Samy’s Camera courses shall comply with all regulations and procedures established and communicated for the course.
Software made available by Samy’s Camera for training purposes must not be removed, nor may it be copied either wholly or in part or rendered useable in any other form for which consent has not been obtained. Course materials provided by Samy’s Camera and are intended for training purposes only.
Participants are requested to come to the training site 15 minutes before the start of class. The customer shall remain responsible for his or her activities and behavior during a Samy’s Camera course. The customer is liable to pay for any damage that is caused by their participant to any property belonging to Samy’s Camera.
Computer equipment may not be used at any time for non-course related purposes, and are not intended to provide Internet access. Participants must not access or attempt to access any Samy’s Camera computer-based data that is not specifically part of the training course.
Mobile phones must be switched off during class, and calls may only be made or received during class breaks so as to not disturb the instructor(s) and/or other participants.
Samy’s Camera reserves the right to exclude (a) participant(s) from attending any course due to disorderly conduct, failure to observe any of Samy’s Camera’s rules of participation. No refund of fees shall be paid to the participant in such circumstances.
Email or Other Registration:
If you register for any of our courses, workshops and events or to receive our newsletters we will collect your email address. If you send us an email we may retain your email address. We may use the information you provide to contact you, to respond to inquiries or to provide information about our products or services to you. You may unsubscribe or change your email address for email promotions at any time by following the instructions mentioned prominently within each email promotion.
Disclosure of Your Information:
Samy’s Camera/Samy’s Photo School Assumption of Risk, Waiver, and Release from Liability for Participation in Programs, Events, Workshops and Classes:
In consideration of my upcoming participation in the program, class workshop or event offered, sponsored and/or organized by Samy’s Camera/Samy’s Photo School (including any affiliates, officers, employees, agents, contractors or licensees, collectively referred to hereinafter as “Samy’s”) and related use of the property, equipment, facilities and/or services provided through such program, class, workshop or event, including travel related thereto, (hereinafter collectively referred to as the “Program”) you, the attendee agrees to the terms and conditions in this Assumption of Risk, Waiver and Release from Liability (referred to below as this “Agreement”) as follows:
- RISK FACTORS. You understand and acknowledge that the use of property, equipment, facilities and/or services provided through the Program, may involve risks such as, but not limited to, risk of property damage, theft, bodily injury and possible death, which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency medical care. Additional risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, alcohol consumption by participants and actions of other individuals.
- ASSUMPTION OF RISK. You assume all risks (including known and unknown) that arise out of the use of the equipment, the facilities, the activity itself, the act of others and/or the unavailability of emergency care, including but not limited to, those risk factors described in section 1 above. Your participation in this Program is purely voluntary; no one is forcing you to participate and you elect to participate in spite of all known and unknown risks.
- PREREQUISITE SKILLS AND PHYSICAL FITNESS. You acknowledge that you have the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the Program itself. You certify that you are physically fit, you have sufficiently prepared or trained for participation in the Program and a qualified medical professional has not advised you to refrain from participating in the Program. You certify that you have no health-related problems/reasons that preclude participation in the Program. You agree that if you have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facilities, services and/or to participate in the activity itself, you will direct such questions to the appropriate Samy’s Camera employee or representative.
- RELEASE. You waive, release and discharge Samy’s Camera from any and all liability, including but not limited to, liability arising from the negligence or fault of Samy’s, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, including traveling to and from the Program. You agree not to sue Samy’s Camera on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the Program (including traveling to and from), including but not limited to those based on death, bodily injury, disability property damage or theft whether or not caused by the acts, omissions, negligence or other fault of Samy’s Camera. You acknowledge that Samy’s Camera is not responsible for the errors, omissions, acts or failure to act of any party or entity conducting a specific Program on behalf of Samy’s Camera.
Samy’s Camera will not accept liability for any damage that may result from possible viruses on copied file disks or other external file storage devices.
- WAIVER. You waive the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that you are releasing unknown future claims.
- INDEMNIFY AND DEFEND. You agree to indemnify and defend Samy’s Camera (also referred to below as “indemnitee”) against, and hold Samy’s Camera harmless from any and all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the Program or this Agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, my injury or death or anyone else or any liability arising from the act or negligent act of the indemnitee, yourself or anyone else.
- PAY. You agree to pay for any and all damages you have caused either negligently, willfully, or otherwise to any property or individual during the Program (including travel to and from).
- REPRESENTATIVES. You enter into this Agreement for yourself and your heirs, assigns and legal representatives.
- EMERGENCY TREATMENT CONSENT. You, as a participant in the Program, hereby consent to medical treatment in a medical emergency where you are unable to consent to such treatment.
- INSURANCE. You understand that Samy’s Camera does not carry participant insurance. You understand that you are encouraged to have a physical examination and to purchase health insurance prior to any and all participation.
- IMAGES. You understand that you might be photographed and/or filmed at the Program and/or related activities. You hereby consent to being photographed and/or filmed at the Program and/or related activities. You understand that any image or images (including any video or film), containing my likeness taken during the Program and/or related activities (hereinafter the “image”) are the property of Samy’s Camera, and may appear in various publications, modes of communication, advertising and social media including but not limited to the Samy’s website, Twitter, Facebook and other such media. Registration for any event on this site grants Samy’s Camera and the photographer of the image the following worldwide, irrevocable rights, in perpetuity: to use and re-use, publish and re-publish, disseminate, modify or alter, and copyright such images of you, or in which you may be included. Use of such images of you for editorial, commercial, trade, marketing, advertising, or any other purpose may be made in any medium now existing or subsequently developed. You waive your right to inspect or approve any such images of me and/or any editorial matter or advertising copy that is used in connection with any such images. Your registration in any event grants Samy’s Camera the right to sell by auction or any other mode of sale the images as determined by Samy’s Camera in its sole discretion. You hereby waive all rights to any kind of compensation for Samy’s Camera’s use and/or sale of the images. You release and discharge Samy’s Camera and the photographer from any and all claims arising out of use and/or sale of such images by Samy’s and the photographer for the purposes described above, including any claims for libel, copyright violation, invasion of privacy and compensation. In the event that you share any photograph(s) with Samy’s Camera via email, social media, hard-copy or otherwise, which was/were taken during the Program, you hereby agree that you will have no expectation of privacy with regard to any such photograph(s). You furthermore hereby agree that any such photographs may be used or reposted by Samy’s Camera at any time on any social media sites, including but not limited to Facebook, Instagram and Twitter without any compensation to you or any photo-credit or acknowledgment and without violation of any of your intellectual property rights, including copyright.
Additional Terms and Conditions for Samy’s Photo School Multi-Day Travel Workshops and Expeditions.
Deposit and Payment. The price of the travel workshop is a per person price for adults 18 years and older based on double occupancy (unless otherwise stated. Further restrictions may apply.). A deposit as specified on the website for each specific workshop is required to confirm a reservation. The balance of the workshop fee is due 75 days prior to departure. If the balance is not paid when due, Samy’s Camera reserves the right to regard the reservation as canceled. If enrolling within 75 days of the departure date, 100% of the workshop fee is due at the time of enrollment.
Cancellation and Refunds for Multi-Day Travel Workshops and Expeditions.
Samy’s reserves the right to cancel any workshop for any reason. In such an instance, we will refund all payments received, which will constitute full settlement. Samy’s reserves the right to accept, remove, retain or decline any trip member at any time for any reason. In such case, a refund equal to the actual cost of the unused services is the limit of Samy’s responsibility. We encourage all participants to purchase insurance as we do not take responsibility for any non-refundable travel purchases including but not limited to non-refundable, non-changeable airline tickets.
If you must cancel a multi-day travel workshop in which you enrolled, the following fees and restrictions will apply unless otherwise stated on the specific workshop website:
Cancellations Fees Per Person: An attendee who cancels a multi-day travel workshop 90 or more days prior to the start date of the workshop will be charged a $500 non-refundable fee.
An attendee who cancels a multi-day travel workshop 89-76 days prior to the start date of the multi-day travel workshop will be charged 50% of the total price of the workshop.
There will be no refunds given for any cancellations of multi-day travel workshops made 75 days or less prior to the start date of a multi-day travel workshop.
Violations of system or network security may result in civil or criminal liability. Samy’s Camera/Samy’s Photo School will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Samy’s Camera is not responsible for any duties levied on its products or events.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Samy’s Camera/Samy’s Photo School may not accept online orders from international customers, who may be required to place orders through telephone or other means and who may be required to make payment by wire transfer or other means of immediate payment instead of by credit card.
As between you and Samy’s Camera, (or other company whose marks appear on the Site), Samy’s Camera (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Samy’s Camera. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Samy’s Camera or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Samy’s Camera/Samy’s Photo School logos and service names are trademarks of Samy’s Camera (the “Samy’s Camera Marks”). Without Samy’s Camera’s prior permission, you agree not to display or use Samy’s Camera Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Samy’s Camera Mark without the prior written consent of Samy’s Camera.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
12636 Beatrice St.
Los Angeles, CA 90066
We reserve the right to remove any content posted by any user without prior notice and at our sole discretion; we may terminate a user’s account if the user is determined to be a repeat infringer.
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Samy’s Camera/Samy’s Photo School in any way and Samy’s Camera is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Samy’s Camera’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Samy’s Camera/Samy’s Photo School be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Samy’s Camera/Samy’s Photo School reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Samy’s Camera. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to indenify, defend and hold Samy’s Camera/Samy’s Photo School, its directors, officers, employees and agents harmless from and against any and all claims, damages, liability and costs (including, without limitation, attorneys’ fees and costs), incurred in connection with any claim arising out of, related to or in connection with your use of this Site, any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants, or your posting or transmission of any materials on or through the Site, including without limitation, any third party claim that any information or materials you provide infringes any third party proprietary right. Samy’s Camera/Samy’s Photo School reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Samy’s Camera.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAMY’S CAMERA DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SAMY’S CAMERA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SAMY’S CAMERA/SAMY’S PHOTO SCHOOL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. SAMY’S CAMERA IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF SAMY’S CAMERA/SAMY’S PHOTO SCHOOL.
LIMTIATIAON OF LIABILITY
TO THE EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT SHALL SAMY’S CAMERA/SAMY’S PHOTO SCHOOL, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, WORK PRODUCT (IN ANY MEDIA NOW KNOWN OR LATER DEVELOPED) OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SAMY’S CAMERA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SAMY’S CAMERA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
APPLICABLE LAW JURISDICTION/WAIVER OF CLASS ACTION
(A) GOVERNING LAW. THESE TERMS AND THE INTERPRETATION OF THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
(B) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SAMY’S CAMERA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THIS SITE, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, AND/OR TO THESE TERMS AND CONDITIONS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. BECAUSE THE SITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES COUNTY, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO SAMY’S CAMERA OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879.
(C) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SAMY’S CAMERA AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR SAMY’S CAMERA MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, AND/OR TO THESE TERMS AND CONDITIONS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR SAMY’S CAMERA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, AND/OR TO THESE TERMS AND CONDITIONS.
CONSENT TO PROCESSING
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The Terms constitute the entire agreement between you and Samy’s Camera/Samy’s Photo School and govern your use of the Site, superseding any prior agreements between you and Samy’s Camera. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Samy’s Camera/Samy’s Photo School and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Samy’s Camera/Samy’s Photo School or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Samy’s Camera/Samy’s Photo School to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
You may not assign the Terms or any of your rights or obligations under the Terms without Samy’s Camera’s/Samy’s Photo School express written consent.
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