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Terms & Conditions

Aperture Academy LLC ("Aperture Academy") is providing services subject to the following Terms and Conditions. By visiting, browsing, viewing, shopping, and/or using the ApertureAcademy.com Website, you are agreeing to accept and abide by these policies and all terms and conditions stated herein. Therefore, please review the following Terms and Conditions, Privacy Policy, Copyright and Trademark Notices. If you do not agree to be bound by all of the Terms and Conditions of use, please do not access or use this Website.

The contents of this site, including the text, graphics, images, photographs, information obtained from Aperture Academy's third-party content providers, sponsors, suppliers, and licensors (collectively "Providers") and other material are to be used for informational and entertainment purposes only.

License and Site Access

Aperture Academy grants you a limited license to access and make personal use of this Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Aperture Academy. This license does not include any resale or commercial use of this site or its contents; any collection and use of any photographs, product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Aperture Academy. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including photography, images, text, page layout, or form) of Aperture Academy without our express written consent. You may not use any metatags or any other hidden text utilizing Aperture Academy's name or trademarks without the express written consent of Aperture Academy. Any unauthorized use terminates the permission or license granted by Aperture Academy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray Aperture Academy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Aperture Academy logo or other proprietary graphic or trademark as part of the link without express written permission.

Electronic Communications

When you visit ApertureAcademy.com or send us e-mails, you are communicating with us electronically and thereby you consent to receive communications from us electronically, by e-mail or by posting notices on this site. Furthermore, 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.

Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and/or your password. Aperture Academy and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

Disclaimers and Limitation of Liability

Users of this site ("User") expressly agree that use of this site is at User's sole risk. Neither Aperture Academy, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents (collectively "Aperture Academy"), nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site. Aperture Academy does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

THIS SITE IS PROVIDED BY APERTURE ACADEMY ON AN "AS IS" AND "AS AVAILABLE" BASIS. APERTURE ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APERTURE ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL APERTURE ACADEMY OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF APERTURE ACADEMY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APERTURE ACADEMY'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY APERTURE ACADEMY, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Aperture Academy or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Third Party Content

This Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by Users or third parties other than Aperture Academy, Aperture Academy is a distributor and not a publisher. Aperture Academy has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Aperture Academy are those of the respective authors or distributors and not of Aperture Academy. Neither Aperture Academy nor any third party, including any Provider, or any User of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or User not under contract with Aperture Academy. Aperture Academy neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized Aperture Academy employees. Under no circumstances shall Aperture Academy be liable for any loss, damage or harm caused by a User's reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.

Online Conduct

User agrees to use this Website only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Aperture Academy is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Aperture Academy may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Aperture Academy may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Aperture Academy, its Users or Providers.

Aperture Academy reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of Aperture Academy or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Aperture Academy nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Aperture Academy, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Website.

Links to Other Sites

This site may reference or link to third-party sites throughout the Internet. Aperture Academy has no control over these sites or the content within them. Aperture Academy cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Aperture Academy does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Aperture Academy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against Aperture Academy for any damages or losses, whatsoever, resulting from your use of this Website to obtain search results or to link to another site.

Indemnity

You agree to defend, indemnify, and hold Aperture Academy and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Applicable Law

This site is created and controlled by Aperture Academy in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Aperture Academy reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

Modification and Severability

Aperture Academy reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

Aperture Academy is dedicated to the privacy of its users and members, and to making this Website a safe environment for anyone who visits, joins the forum, opens and uses an account, purchases products, signs up for a class, or uses any of our services. As an online community provider and product seller over the Internet, we are committed to providing you the best possible online service and experience as well as the best products and information. As our Website evolves and our community grows, our Privacy Policy will also undergo changes. We reserve the right, at our discretion, to make changes to this policy at any time. We encourage you to check our Privacy Policy periodically or when you notice new features on our site. By using this site, you signify your agreement to the Aperture Academy Privacy Policy and consent to the collection and use of your information by Aperture Academy as described below:

Information Collection/Shared:
The Aperture Academy system may collect general aggregate information that will not personally identify you. This type of information could include Internet browser, Operating system, Date of visit, Time of visit and/or Path taken through the site. This information by itself does not identify any individual and we will not combine it with information that does identify you as an individual. It provides statistics that we use to analyze and improve ApertureAcademy.com.

Statistical (anonymous) user information may be shared with advertisers, business affiliates and sponsors, business partners and associates, and miscellaneous third parties, directly related to conducting business and/or improving your experience at ApertureAcademy.com. This information is never personal, nor does it contain details of individual users. It is statistical information regarding habits, preferences, age groups, etc., of our users by groups or in general. By doing so, we are able to enhance and personalize your use of our site. The exceptions to this rule include when we are required by law to provide personal information (we will always comply with legal and/or government requirements, requests, and/or procedures), or when it protects our users.

Personally identifiable information is defined as any personal information that could identify you, such as your name, address, telephone number, billing and shipping information, credit card information, or e-mail address. Because we take your privacy seriously, we will not collect any personally identifiable information unless you voluntarily provide it. We will not share your personal information with third party suppliers and service providers, including independent contractors providing services for, or with ApertureAcademy.com. We will only disclose personally identifiable information to third parties if you consent to the disclosure, if we are compelled or authorized to do so by law, or if we reasonably believe there is a threat to someone's life or health. Personally identifiable information submitted for employment purposes will only be used in connection with the application process. It will not be used or disclosed for any other purposes unless required or authorized by law. Our site's registration, affiliate, trial and subscription forms require users to give us contact information (i.e., name and e-mail address) and Website information (i.e., domain/URL). We will only use the information to (i) send you information about our company, (ii) contact you when necessary and, (iii) set up your account and Aperture Academy tools. Security and privacy are a high priority, and only key personnel have access to sensitive and/or secure areas, and personal information is never shared or given out. Considering the nature of the Internet, there will be situations that we can not control, even with all our safeguards and precautions, thus we can not guarantee there will never be any negative incidents, however, we are vigilant to prevent every unfortunate occurrence possible.

When you purchase a product from Aperture Academy you provide such personal information as: (i) first and last name; (ii) billing address; (iii) shipping address; (iv) e-mail address; (v) phone numbers; and (vi) credit card account number. We collect all or some of this information on the pages where you create your personal account, and at other locations. This allows us to process and fulfill your order, to notify you of the status of your order and to provide you with the best possible customer service. However, this information is highly secure and never shared or used without your express permission.

Cookies
A cookie is a piece of data stored on a user's hard drive containing information about that user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. We utilize cookies in order to maintain your account and some information. We only use cookies when necessary to properly and securely maintain your account and for satisfactory support; we do not use cookies to gather and disseminate your personal information outside of this site. Because cookies are written to a user's local drive, privacy and security are still completely maintained.

The use of cookies is an industry standard, and you will find them at most major Websites. A cookie lets the computer remember that you have registered, which allows us to speed up your activities at our site, particularly purchases. Letting it do the record-keeping saves you the trouble of logging in over and over again during a single visit. Most browsers are initially set to accept cookies. If you would prefer, the Help portion of the toolbar on most browsers will tell you how you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site, such as shopping in the online store, will not function properly if you do so.

Internet Protocol (IP) Address
Aperture Academy uses your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is used to help identify you and to gather broad demographic information. When visitors request pages from the Aperture Academy Website, our servers log the visitors' IP addresses. We do not link IP addresses to personally identifiable information. This means that a visitor's session will be logged, but the user will remain anonymous to us.

Security
Aperture Academy uses Secured Sockets Layer (SSL) technology to ensure the privacy of your personal information. When you make an online purchase, our advanced security technology encrypts or scrambles your personal data (including your name, delivery and e-mail addresses and credit card number) before it is sent to us, making it virtually impossible for anyone other than Aperture Academy to read it. To further protect your information, we utilize state of the art back-end systems and restrict employee access to your information. Unless specifically authorized by you, no outside party is able to access or receive any of your personal customer information.

To make sure you are accessing our secure server before you submit personal financial information, look at the lower left corner or upper right corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), the SSL is active. To double-check for security, look at the location line or status bar of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https." Some browser versions and some firewalls do not permit communication through a secure server like the ones we use at Aperture Academy. If for any reason you cannot access the secure server, please feel free to place your order with us by phone. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Aperture Academy wants you to feel completely comfortable. If you have more questions about our security systems, or feel more comfortable ordering by phone, please call us and we will be happy to help you.

Mailing List -- Opt-In/Opt-Out
By using, signing up and/or registering for services, membership, forums or any offerings, paid or free of charge, you agree to be added to Aperture Academy's promotional mailings and e-mail updates. You always have the option of opting out (removing yourself from such mailings) by signing in to your account and selecting the option or contacting us by e-mail. Your information will never be given or sold to any one outside Aperture Academy.

Outside Links
This site contains links to other sites. ApertureAcademy.com is not responsible for the privacy practices or the content of Websites to which we link.

Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 13. Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.

Legal Enforcement
Aperture Academy fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the rights to release information about individuals who we believe are in violation of our content guidelines, and to report to law enforcement agencies any activities that we reasonably believe to be unlawful.

Policy Amendments
To fully protect your privacy, we reserve the right to amend this policy at any time, and for any reason. We will post the amended terms on this Website as they occur and encourage you to frequently check for updates.

We will take all necessary steps to comply with this privacy policy, however, to the extent permitted by law, nothing in this policy is intended to hold ApertureAcademy.com liable for any failure to comply with this policy. Further, because ApertureAcademy.com does not control the privacy practices of our clients, links or affiliates, we advise that you read and fully understand their privacy policies.

If you have any questions about these policies, the practices of this Website, or your dealings with ApertureAcademy.com, you can contact us by e-mail or telephone.

(Revised and updated: September 8, 2009)

 
User Policies

Privacy Policy:

It is important to us that you feel secure and comfortable using this Website and being part of the Aperture Academy community, therefore we are committed to upholding our Privacy Policy. Please review it regularly. Thank you.


Shipping:

All orders will be processed within 48 hours of receipt, and shipped during regular business hours (Monday through Friday 8AM - 5PM PT, excluding holidays). If any problems are encountered during the processing or shipping of an order, the customer will be contacted. The cost for shipping is based upon the size, weight and destination of items purchased. The best shipping method will be chosen based on destination, dimensions of item, delivery speed requested, packing materials and shipping/delivery needs. All shipments outside the contiguous United States will be subject to additional fees, as appropriate to the carrier used.


Refunds & Returns:

Refund Policy:
  • Merchandise: All merchandise sales are final -- no refunds are provided.

    Workshops & Class Cancellations

    Because we rely on student attendance in order to schedule instructors, book essential travel arrangements, acquire permits and arrange lodging discounts, we must adhere to the following policies for all students:

    • If for any reason you need to withdraw from a class or workshop, you must notify Aperture Academy:
      • 1 Day workshops: prior to 90 days before the date of your class or workshop.
      • 2-3 Day workshops: prior to 120 days before the date of your class or workshop.
      • 4+ Day workshops: prior to 150 days before the date of your class or workshop.

      Within this time period we will refund your registration fee, minus a 25% cancellation fee.

    • If notification of cancellation is made less than 90 days before the start of the class or workshop, there is no refund.
    • No refund will be made for withdrawal after any class or workshop begins.
    • Aperture Academy is not responsible for cancellations due to medical emergencies.
    • In the unlikely event that a class or workshop is cancelled by Aperture Academy, all fees may be refunded in full or may be transferred to another workshop that is scheduled within 12 months of the cancellation.
    • In the event of a class or workshop cancellation, Aperture Academy is not responsible for reimbursement of any travel, lodging, equipment rental or any other related expenses. We recommend purchasing travel insurance to cover any non-refundable registration fees, travel, lodging, equipment rental or any other related expenses.

    Workshop Deposits

    • Any class, workshop or gallery reservation that requires a deposit payment to guarantee a date of participation is non-refundable.

    Instructor Availability

    • In the rare event a scheduled instructor is unavailable, a replacement instructor will be available without disruption to the workshop or event. While we make every effort to abide by our curriculum and schedules, we can not guarantee that assigned instructors will always be available, however, there will always be a qualified and experienced professional instructor ready to provide you with the superior quality photography experience that our students have come to expect from Aperture Academy.

    Transfers

    • If for any reason you wish to transfer to a different workshop, please notify us at least 90 days prior to the date of the workshop you wish to withdraw from.
    • You may only make one transfer at a charge of 25% of your workshop/class fee. We reserve the right to allow or prohibit any transfer, at our discretion. You must register and attend a new workshop within 12 months of the transfer.

    There are no exceptions to our Cancellation and Transfer Policy.




Copyright & Trademark:

COPYRIGHT: © 2009-2010 Aperture Academy LLC. All materials and content contained on and in this Website, including but not limited to the text, graphics, photographs, logos, icons, images, audio clips, video, digital downloads, data compilations and software, and the Website itself, are copyrighted materials belonging exclusively to Aperture Academy LLC or content suppliers, and are protected by United States and international copyright laws. Aperture Academy LLC enforces its copyright interests to the fullest extent permitted under the law and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

TRADEMARK: Aperture Academy™, the Aperture Academy logo, and Aperture Academy Gallery and other marks indicated on this site are the exclusive property and trademarks of Aperture Academy LLC ("Aperture Academy"). All rights reserved. All other trademarks not owned by Aperture Academy that appear on this Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Aperture Academy, include all rights applicable under the U.S. and international trademark laws, including without limitation, Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43).

Aperture Academy respects intellectual property rights, and we strongly urge our users not to infringe on the rights of others.



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