TERMS, CONDITIONS, AND PRIVACY
- Your Access to the Services
By joining this private group, you are agreeing that you are over the age of 16. Additionally, you must be over the age required by the laws of your country to create an account. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Zoom training with Larry Hersberger.
All ZOOM training whether withing a group or in private is the sole copyright Larry Hersberger and may not be copied, sold, or used in any way other than stated within these terms and conditions unless given specific expressed permission in writing by Lawrence Hersberger or an authorized person at Art of Magic and Light®.
Video content provided within the group How to License Your Photography and Art.
All video content provided to members of How to License Your Photography and Art is copyright Larry Hersberger and may not be copied, sold, or used in any way other than stated within these terms and conditions unless given specific expressed permission in writing by Lawrence Hersberger or an authorized person at Art of Magic and Light®.
Instructional content and private Facebook access.
Members who are in good standing and with up-to-date monthly and or annual dues, will have access to all instructional content provided within this private group as well as 24-hour access to the private Facebook group, How to License Your Photography and Art. They will also have access to monthly group ZOOM meetings.
Accessories and Downloads
Any accessories and or downloads provided to group members through How to License Your Photography and Art and Art of Magic and Light® instruction will copyright of Larry Hersberger and may be used for personal use only and are there for the intended use of practice and learning. All commercial rights remain with Larry Hersberger and Art of Magic and Light®.
- Removal from Group How to License Your Photography and Art.
You may not use disparaging remarks or post comments that in any way hurt other members or group ownership or managers. You many not publicly post comments that puts How to License Your Photography and Art negative position. If you have questions that are sensitive to you, another member or management, you are asked to private message (PM) management.
This private group is about learning and sharing knowledge related to licensing and the art of licensing. There will be a “no strike” policy within this private group How to License Your Photography and Art when it comes to poor, derogatory, unruly, unkind, and/or disrespectful posts and or comments.
Larry Hersberger and/or authorized individuals reserves the right to at any time remove a person from the group and revoke membership. All paid dues at the time of removal will deemed nonrefundable.
- Your Use of the Services
How to License Your Photography and Art and Art of Magic and Light® grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms. Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- Your How to License Your Photography and Art Account, Account Security and Membership.
You are solely responsible for the information associated with your Membership or Account and anything that happens related to your Membership of Account. You must maintain the security of your Account and immediately notify How to License Your Photography and Art if you discover or suspect that someone has accessed your Membership or Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication. In the case of issues with membership contact management immediately.
NOTE You will not license, sell, or transfer your Account or Membership without our prior written approval.
- Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights. You retain any ownership rights you have in Your Content, but you grant How to License Your Photography and Art and Art of Magic and Light® the following license to use that Content:
When Your Content is submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner How to License Your Photography and Art and Art of Magic and Light®. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about How to License Your Photography and Art or our Services that you provide to us are entirely voluntary, and you agree that How to License Your Photography and Art and Art of Magic and Light® may use such ideas, suggestions, and feedback without compensation or obligation to you. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
- Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with How to License Your Photography and Art and Art of Magic and Light® and the rules for your Promotion must require each entrant or participant to release How to License Your Photography and Art and Art of Magic and Light® from any liability related to the Promotion.
- Things You Cannot Do
When using or accessing How to License Your Photography and Art, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and for RPAN, the Broadcasting Content Policy), which are part of these Terms and contain How to License Your Photography and Art rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security related features.
- Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with How to License Your Photography and Art. The use of Snipping Tools or Scraping the Services without How to License Your Photography and/or Art and Art of Magic and Light® prior consent is prohibited.
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on How to License Your Photography and Art and Art of Magic and Light® or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email [email protected]
- Copyright, Trademark, the DMCA, and Takedowns
How to License Your Photography and Art, Larry Hersberger and Art of Magic and Light® respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to How to License Your Photography and Art, Larry Hersberger and Art of Magic and Light® for certain costs and damages. If we remove Your Content in response to a copyright or trademark notice, we will notify you via the email provided in your profile account or have provided at time of membership signup. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification to [email protected]
Each membership is responsible to know the copyright and license of the images, artwork and writing they are posting on and within the How to License Your Photography and Art group. The member will take sole legal responsibility for the artwork, images, or writings they post.
- FINAL ART, PHOTO, IMAGE OR PRODUCT USE
ART AND PRODUCTS CREATED THROUGH THE USE OF How to License Your Photography and Art and Art of Magic and Light® SERVICES AND SOFTWARE ARE FOR YOUR PERSONAL USE ONLY AND MAY NOT BE COPIED. ANY PHOTO, ART OR LIKENESS OF PHOTO OR ART PRODUCED BY THE USE OF How to License Your Photography and Art and Art of Magic and Light® MAY NOT BE REPRODUCED, LICENSED, SOLD, COPIED OR REPRODUCED IN ANY WAY. VIOLATION IS SUBJECT TO COPYRIGHT LAW AND VIOLATION WILL BE PERSECUTED UNDER THE PENALTY OF COPYRIGHT LAW. ANY AND ALL LEGALITIES OR LEGAL PROCEEDINGS WILL BE SUBJECT TO AND OR HELD IN HILLSBOROUGH, COUNTY, FLORIDA, USA LAW.
YOU MAY USE THE KNOWLDEGE GAINED FROM THIS GROUP TO CREATE YOUR OWN ARTWORK, STYLE, AND BRAND AND IN TURN USE THIS ART FOR YOUR OWN PERSONAL AND COMMERCIAL USE, ONCE YOU HAVE OBTAINED CLEAR KNOWLEDGE THAT THE SAID ARTWORK IS YOUR COPYRIGHT AND DOES NOT INFRINGE ON ANY OTHER COPYRIGHT WITHING OR OUTSIDE THE GROUP AND ITS MANAGEMENT/OWNERSHIP.
- Paid Services and Payment Information
There is a set monthly and annual fee to be a member of the How to License Your Photography and Artgroup. This fee is subject to change at any time and is at the discretion of management. And individual products offered from time to time by How to License Your Photography and Art and Art of Magic and Light® Management and or Larry Hersberger ordered, whether virtual, physical, or printed products, may at the management’s discretion, incur a fee. Selection and purchase of products is at the sole discretion of the buyer.
How to License Your Photography and Art and Art of Magic and Light® Art may change fees or pricing associated with the Paid Services or products from time to time and without notice. From time to time How to License Your Photography and Art and Art of Magic and Light® may offer time sensitive temporary promotions, including temporary reductions in the fees associated with the Paid Services or products. Promotional pricing will not extend outside set time guidelines associated with any given promotion.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase Paid Services or Product. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the How to License Your Photography and Art and Art of Magic and Light® Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Any and all legalities or legal proceedings will be held in and subject to Hillsborough County Florida USA law.
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOW TO SAVE CHRISTMAS™ ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. HOW TO SAVE CHRISTMAS™ DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR PRODUCTS OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE HOW TO LICENSE YOUR PHOTOGRAPHY AND ART, LARRY HERSBERGER AND ART OF MAGIC AND LIGHT® ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE HOW TO LICENSE YOUR PHOTOGRAPHY AND ART, ART OF MAGIC AND LIGHT® OR LARRY HERSBERGER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, USE OF THE SERVICES OR ORDER OF OFFERED PRODUCTS AND ART IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE HOW TO LICENSE YOUR PHOTOGRAPHY AND ART, ART OF MAGIC AND LIGHT® OR LARRY HERSBERGER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Governing Law and Venue
We want you to enjoy How to License Your Photography and Art, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here. [email protected] Except for the government entities listed below, any claims arising out of or relating to these Terms or the Services will be governed by the laws of Florida, USA, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Hillsborough County, California, and you consent to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Florida (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Hillsborough County, Florida.
- Changes to these Terms
At our discretion, we may make changes to these Terms from time to time. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective. Each time you use How to License Your Photography and Art and Art of Magic and Light® service or product, you assume full responsibility to accept the terms of service including any and all changes which may have be made to the previous terms of service.
- Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by How to License Your Photography and Art and Art of Magic and Light® (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service. If you use Premium or Virtual Goods, you may also have to agree to Premium and Virtual Goods Agreements if provided.
What We Collect;
Information You Provide to Us.
We may collect information you provide to us directly when you use the Services. This may include: Creating an account with username and password. You MUST also provide other account information, such as name, shipping address, email address and phone number. We also store your user account preferences and settings.
Content you submit;
We collect the content you submit to How to License Your Photography and Art and Art of Magic and Light®. This includes your comments, reviews, photos, form data, and other communications with us. Your content may include text, links, images, gifs, and videos.
Actions you take deemed Transactional information.
If you purchase products or services from us, we will collect certain information from you, including your name, address, email address, contact phone number and information about the product or service you are purchasing. We use industry-standard payment processor services (for example, Stripe and PayPal) to handle payment information. Other information You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in activities or promotions, request customer support, or otherwise communicate with us.
Information We Collect Automatically
When you access or use our Services or purchase our Products, we may also automatically collect information about you. This includes: Log and usage data. We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), device settings, pages visited, links clicked, the requested URL, and search terms. Your IP address is not used to identify you. If used, it will only be used for analytic purposes.
Information collected from cookies and similar technologies.
We may receive information from cookies, which are pieces of data your browser stores and sends back to us when making requests, and similar technologies. We use this information for security checks while you are logged in and/or making purchases. If you prefer to have cookies turned off in your browser, you may contact us on other ways to make purchases.
We may receive and process information about your location. For example, with your consent, we may collect information about the specific location of your mobile device (for example, by using GPS or Bluetooth). We may also receive location information from you when you choose to share such information on our Services, including by associating your content with a location, or we may derive your approximate location from other information about you, including your IP address.
We use information about you to:
- Provide, maintain, and improve the How to License Your Photography and Art and Art of Magic and Light® Services and Products;
- Research and develop new How to License Your Photography and Art and Art of Magic and Light® Services and Products;
- Help protect How to License Your Photography and Art and Art of Magic and Light® safety and that of our users, which includes blocking suspected spammers, addressing abuse, and enforcing our User Agreement and our other policies;
- Send you technical notices, updates, security alerts, invoices, and other support and administrative messages;
- Provide customer service;
- Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you (for information about how to opt out of these communications, see “Your Choices” below);
- Monitor and analyze trends, usage, and activities in connection with How to License Your Photography and Art and Art of Magic and Light® Services and Products;
- Measure the effectiveness of ads shown on our Services; and
- Personalize the Services, and provide and optimize advertisements, content, and features that match user profiles or interests.
You may terminate these Terms at any time and for any reason by deleting your Account, opting out of your membership, and discontinuing use of all Services. In the event you have set up an account and you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity. We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.
In the event your payments become delinquent, How to License Your Photography and Art and Art of Magic and Light® reserves the right to cancel your membership without notice and at their discretion.
The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).
All services and products are sold within How to License Your Photography and Art and Art of Magic and Light® are sold as is and are non-refundable.
In the event a How to License Your Photography educator misses providing a zoom call we will offer you a replacement zoom call at our expense.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect.
You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
JOIN MAGICAL CHRISTMAS ACADEMY with LARRY HERSBERGER
Your continuous learning option. Join Master Photographer, Larry Hersberger as he shares current and relevant monthly educational content. Each week there will be fresh knowledge on topics related to the creation, marketing and selling of profitable and magical Christmas photography.