TERMS OF SERVICE
Updated 11 March 2022
These Terms of Service (“Terms”) are a legal contract between Click & Company (“Click & Company,” “we,” “us,” “our” ) and any and all users of this site (hereafter, “User,” “you,” and, collectively, “Users”), including but not limited to site visitors, purchasers, members, subscribers, partners, vendors, contractors, and students. These terms govern your use of all the text, images, files, data, and other content (“Content”) that we may make available to you, for purchase or otherwise, as well as any Products or Services we may provide through any and all Click & Company managed websites (hereafter, “Site”), including but not limited to clickandcompany.com, theclickcommunity.com, myclickmagazine.com, clickphotoschool.com, clickawayconference.com, and clickprophotographers.com.
Read these Terms carefully before browsing this site or making a purchase. Your use of our Site constitutes your acknowledgment and acceptance of these Terms. Click & Company reserves the right to update these Terms from time to time, and the effective date of any updated Terms will be set forth above. Your continued use of our Site constitutes your assent to any such updated Terms.
We may suspend your access to this Site and/or remove your account(s) for this Site if you use this Site in violation of these Terms.
You agree to indemnify Click & Company and its agents and affiliates against any and all damages (including but not limited to attorneys’ fees) resulting from any claim brought by a third party arising from or relating to your access to or use of this Site.
SITE AVAILABILITY AND WARRANTY DISCLAIMER
Our Site is provided on an “as is” and “as available” basis. Click & Company makes no representation or warranties as to:
1) the Site’s operation and accessibility,
2) the Content, Products, or Services offered, or
3) the Content, Products, or Services posted or offered by Click & Company, its representatives, partners, or Site users.
We expressly disclaim all warranties, express, statutory, or implied, as to merchantability, fitness for a particular purpose, or non-infringement. Click & Company is not a legal law firm nor are we providing legal services; any legal templates or legal information published or offered for sale on our Site is distributed solely for educational purposes and does not create a client-attorney relationship. We make no representation or warranties as to the reliability, completeness, relevance, or accuracy of information provided on this Site, that this Site will meet your needs or requirements, that access will be secure or uninterrupted, or that defects will be corrected. Any reliance on this Site, including any Content, Products, or Services offered, shall be at your sole risk. Click & Company is not liable for damages of any kind arising from the use or inability to use or access the Site, Service, or Content offered.
SITE REGISTRATION AND SITE ACCOUNT(S)
Select areas of our Site and select Content may be available to you without requiring any specific input or action on your part. Other areas of the Site, however, may require you to submit personal information, register one or more accounts with us, remit payment, and/or input your registration password in order to access Content or Services that we offer.
By registering, you affirm that you are age 13 or older. Registration information, purchaser information, and any information provided within your profile(s) or elsewhere on the Site must be true, accurate, and complete to the best of your knowledge. Click & Company reserves the right to approve or deny any requested account at any time. You agree to maintain true, accurate, and complete account information for as long as you maintain your account(s). If you are unable to update your account(s) to make relevant changes that comply with this policy, you agree to contact us using the contact information listed below so that we may assist you. If you are unable to access your account(s) altogether, you may contact us using the contact information listed below so that we may assist you.
You are responsible for all content posted by your account(s), for maintaining all equipment or services needed to access and use this Site (including purchased Content, Products, or Services), for maintaining accurate and current payment information for your account(s), and for maintaining the security of your account(s) and confidentiality of your password(s), including any those that you may have linked from a third party site (such as Google, Apple, Facebook, or similar) in order to gain access to this Site. You agree to notify us immediately if you believe your account(s) has been breached in any way. Account sharing or misrepresentation is grounds for immediate account termination.
TERMS OF SALE
You acknowledge and agree that all right, title, and interest in and to any purchased Products or Services remain with Click & Company, except as otherwise expressly set forth in writing by Click & Company. You acknowledge and agree that the unauthorized redistribution or dissemination online of the purchased Product could materially and irreparably harm Click & Company.
Upon receipt of payment, Click & Company grants to you a worldwide, non-exclusive, non-transferable license to access, stream, use, download, and/or store up to two copies of purchased Products or Services for individual use. To the extent that a Product or Service has downloadable component(s), it is your responsibility to download such components immediately and store such components, together with a backup, securely on your personal device or in cloud-based storage. Click & Company is not responsible for any loss, incompatibility, or damage of files that may occur for any reason, including but not limited to corrupted or incomplete downloads, loss or damage to personal storage, file alteration, or system incompatibility. Click & Company is under no obligation to – and in some cases may no longer hold the license to – provide extended or repeated access to purchased Products or Services after the time of purchase.
Except as otherwise expressly set forth in writing by Click & Company, any license granted hereunder does not include the right to grant sub-licenses, create derivative works, redistribute, or sell to third parties. You acknowledge that any unauthorized distribution, recording, publication, or dissemination of a purchased Product or Service is a violation of these Terms, will result in the termination of your license, and will be prosecuted to the fullest extent of the law.
Click Photo School. In order to purchase and access a program from Click Photo School, you must register for an account with us on our site. If you already have an account with us, you can log into your account at learn.clickphotoschool.com using your registered email and password.
Following our receipt of your paid registration, you will receive an email confirming your purchase. If you do not receive this email and/or have any trouble accessing your purchased program, please email us at firstname.lastname@example.org.
A description of each Click Photo School program, together with the program framework and dates of instruction (as applicable), is published on our site. We will deliver each program in accordance with the information set out therein at the time of purchase.
Your registration is non-transferable, non-refundable, and valid only for the specific Click Photo School program(s) that you purchased. Notwithstanding this policy, in the event a Click Photo School program is withdrawn, rescheduled, or subject to a material change in description between the time of purchase and the delivery of the program, you are entitled to a full refund of the purchase price.
PAYMENTS AND REFUNDS
You agree to pay all fees related to your use of this Site, including any applicable service fees or taxes. We may suspend or terminate your account(s) and/or access to our Site, Content, Products, and/or Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed or is declined or revoked. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto.
If you purchase a membership subscription, magazine subscription, or other subscription for ongoing access to Products, Content, or Services with a stated recurring fee, we will charge the applicable fees on said payment method at regular intervals as defined by your selected subscription and the payment terms specified at the time of purchase. We may change our fees at any time and, if applicable, we will provide advance notice to you at the email address provided at registration. You are free to cancel your subscription at any time and for any reason prior to the renewal of your subscription terms.
Except as expressly set forth in writing, we do not provide refunds for the purchase of digital products, memberships, course registrations, applications, entries, services, or subscriptions. If you choose to cancel a subscription, we will maintain your subscription benefits until the expiration of the subscription term for which you have paid, and your subscription benefits will expire upon the conclusion of that subscription term.
LINKS TO THIRD-PARTY SITES
Click & Company assumes no responsibility for links to third-party sites, including any affiliate links we may publish. We do not control these sites and do not endorse or make any representations about the content, products, or services that you may find upon leaving our Site via an outgoing link. If you choose to access these sites, you do so entirely at your own risk.
CONTENT SUBMISSION, CONTENT USE, AND POSTING GUIDELINES
Generally. Certain areas of our Site may permit you to post, upload, select, or submit content, including but not limited to personal information and settings, text, photographs, graphics, and videos (hereafter, “User Submission”). You are solely responsible for your User Submissions, which include all User Submissions that originate from your account(s). You hereby represent and warrant that you own or have acquired the necessary rights to submit your User Submissions and that your User Submissions i) are free and clear of libel, plagiarism, breach of privacy, or misrepresentation of facts; ii) do not infringe upon any copyright, proprietary right, moral right, common law, or statutory law; and iii) are not restricted by law or contract which would prohibit their use in accordance with these Terms
Intellectual Property. Except as otherwise explicitly stated, you retain the rights to all of the content that you post on the Site or through other Click & Company channels, including text and images, subject to the following:
- Internal Use of User Submissions. You understand and agree that your User Submission may be quoted or otherwise reposted, with attribution, by other users on the Site within designated discussion areas of the Site or otherwise in accordance with stated or customary use.
- Use of Text-Based User Submissions. Click & Company may reference, duplicate, or otherwise distribute text-based User Submissions for promotional or editorial use, including – but not limited to – demonstrating the breadth of knowledge within the Click & Company community.
- Use of Image- or Video-Based User Submissions. Click & Company may from time to time solicit images for promotional or editorial use, and your submission of such content in response to these requests authorizes Click & Company to use those images in accordance with the stated purpose. Members who choose to participate in official Click & Company contests, challenges, or other designated image submission avenues consent to having their entries displayed for promotional purposes.
- Use of Feedback and Proposals. Any submissions by you to us in the form of feedback (such as reviews, questions, comments, suggestions, survey responses, or testimonials) or proposals (such as article, presentation, product, or course pitches) through any communication whatsoever will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign to Click & Company all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other proprietary rights or any purpose whatsoever, including but not limited to, developing, manufacturing, licensing, marketing, and selling, directly or indirectly, products and services derived from such User Submission. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free license (including the right to sublicense) to use the User Submission as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the User Submission, and you have no right to compel such use, display, reproduction, or distribution.
- Fair Use. Click & Company may make other limited use of User Submissions in accordance with the Fair Use doctrine under Federal Copyright Law.
Professionalism and Safety. Click & Company strives to cultivate positive, supportive spaces that encourage sharing, learning, and growth. Users agree to make a good faith effort to remain relevant, responsible, and respectful in all User Submissions. You further agree not to submit any User Submissions, including links, that you know to be false, inaccurate, misleading, defamatory, or unlawful. You agree not to submit any User submissions that may be reasonably construed as offensive obscene, inflammatory, threatening, harassing, invasive, or motivated by hatred towards other Users on the basis of race, ethnicity, religion, origin, gender, or sexual orientation. You agree not to submit any User Submissions that contain or link to any adware, spyware, virus, or other potentially harmful content. Click & Company does not endorse User Submissions posted on our Site, and we make no representations about the accuracy, utility, quality, or safety of User Submissions.
Affiliates, Referrals, and Advertising. Advertisements, Affiliate Links, Referral Links, and other User Submissions published for the purpose of self-enrichment, solicitation, or promotion are strictly prohibited unless specifically authorized by Click & Company. This prohibited conduct includes, but is not limited to:
1) Advertising products, services, or overall businesses;
2) Announcing contests or giveaways;
3) Linking to websites in order to build traffic;
4) Requesting commercial product testers;
5) Conducting market research, including polling or other solicitation of feedback;
6) Posting group buys or discounts;
7) Soliciting donations;
8) Soliciting email addresses;
9) Posting links to gain affiliate or referral credit;
10) Recruiting members for participation in other groups or organizations;
11) Posting content in exchange for which you are compensated or otherwise granted any consideration by a third party
Publication, Moderation, and Retention of User Submissions. Click & Company may, but is not obligated to, pre-screen or moderate User Submissions at Click & Company’s discretion. We may maintain, display, and host User Submissions indefinitely at our discretion and are under no obligation to purge or delete User Submissions upon request except as required by law. We are not required to maintain, display, host, or distribute User Submissions and may refuse or remove User Submissions at any time and for any reason. Click & Company makes no warranty as to the maintenance or storage of User Submissions, and we are not responsible for any loss, deletion, or degradation thereof.
External Use of Content. You agree not to duplicate or distribute Site Content (including text or images) externally, in whole or in part, without the express permission of Click & Company and (as applicable) the copyright holder. Copyright infringement will be pursued to the fullest extent of the law.
Unauthorized use of this Site may result in violation of federal and international copyright laws. Except as explicitly authorized by Click & Company, you are prohibited from using this Site in ways other than reasonably intended or explained by Click & Company. Unauthorized uses include, but are not limited to:
- Use of this Site or the Content therein for public or commercial purposes;
- Modifications, reproductions, display, or distribution of this Site or the Content, Products, Services, or design thereof;
- Disruption or interference with Site servers, networks, or databases;
- Data mining or data extraction;
- Hacking, password mining, scripting, or other activity designed to gain unauthorized access to this Site, User accounts, personal information, confidential information, or trade secrets
- Use of this Site in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- Use of this site to stalk, harass, attack, or injure another individual or group of individuals;
- Misrepresentation or impersonation of any person or entity, including the misrepresentation of your affiliation with a business.
Click & Company has a policy of removing User Submissions that constitute copyright infringement. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a User Submission on this site is in violation of your copyright, please provide written notice to the following agent for notice of claims of infringement:
Subject: DMCA Notice
Your notice must (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
RESERVATION OF RIGHTS
User is not granted any rights in the trademarks and service marks belonging to Click & Company trademarks and service marks that belong to us or to other trademarks, names, and logos on this Site which remain the property of their respective owners.
All rights not expressly granted herein are reserved to Click & Company.
LIMITATION OF LIABILITY
Click & Company shall not be liable to you for any damages resulting from your access to or use of any part of our Site, including Content, Products, or Services. In no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic disadvantage), however arising, except as required by law. In no event will our liability exceed the amounts you pay Click & Company in connection with your use of this Site.
You agree to be responsible for, indemnify and hold Click & Company and our contractors, licensors, officers, employees, and agents harmless from any and all claims, losses, and/or occurrences which may arise from or in connection with your access to or use of the Site, your violation of these Terms, or your violation of the rights of another; this includes but is not limited to sexual harassment claims, defamation claims, losses, personal injury, death, damage and/or based upon a contention that your User Submissions infringe any copyrights, trade secrets, trademarks, right of privacy, right of publicity or other intellectual property rights, proprietary rights, or moral rights of any third party. Your indemnification of Click & Company includes but is not limited to, attorneys’ fees and any other expenses incurred by Click & Company in pursuing, defending, or processing any claim resulting from your conduct or your failure to act.
In the event any provision of these Terms shall be held to be invalid, it shall not affect the validity of the remainder of the Terms. Each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses of the Terms. Moreover, if one or more of the provisions contained in these Terms shall for any reason be held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
We control and operate this Site from the United States, and the entirety of this Site may not be appropriate or available for use in other locations. If you use this Site outside of the United States, you are solely responsible for following applicable local laws.
These Terms and any dispute thereunder shall be governed by the laws of the State of Illinois. The parties hereby agree that any suit, action, proceeding, or claim arising out of or in any way relating to this Agreement, or any judgment entered by any court in respect thereof, shall be brought or enforced in the state or federal courts located in Chicago, Illinois.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at
Click & Company
327 Franklin Street
Geneva, IL 60134