This agreement is entered into and is effective between Z58 Inc., a California corporation with offices at 8445 Camino Santa Fe, #215 San Diego CA 92121, (herein called “the company” and you, (herein referred to as “subscriber”).
Terms of Use
The contents of www.getphotostraining.com are owned and copyright by Z58, Inc. and are protected by the laws of the United States, its treaty countries and other jurisdictions. Subscriber may view for personal use but may not modify, copy, reproduce, republish, back up, upload, post, transmit, publically display, transfer, download, or distribute in any way any the contents of this website. Subscriber agrees not to commercially utilize this content in any way. All content is copyright Z58, Inc. ©2009. All rights reserved.
Term
This agreement will become effective as of the acceptance date, when subscriber electronically accepts and agrees to these terms and conditions. This agreement is for a one year subscription term. Payments for subscriptions are billed annually in advance. After the Initial month term, this agreement will automatically renew for additional one (1) year terms each, unless otherwise terminated by either party by giving written notice to the other party prior to the end of the Term. As used herein, “Term” means the initial term and any extension terms. (Each term is a 365 day period, not a calendar year. For example: A subscriber entering this agreement on the February 14, 2009 prepays 365 days in advance, and that term ends February 13, 2010.) The minimum subscription billing period is one year. The minimum fee to access this content under any circumstances is the equivalent to the current one year subscription fee.
Proprietary Software and Content
Z58 develops proprietary software and content. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto. You may not copy, transcribe, distribute, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce or alter Z58 Software. Additionally, Z58 may provide Subscribers with limited license use of its software. Subscribers agree and understand not to copy, transcribe, distribute, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce or alter any Z58 software.
Cancellation Policy
It is the Subscriber’s responsibility to ensure that we have received the request for cancellation. We do not pro-rate any charges. Cancellations initiated in the middle of an annual term will remain active until the end of the 365-day term. Cancellations should be routed through our customer service department at 858.869.9974.
Licensed Content.
For purposes of this Agreement, “Licensed Content” means the content relating to the videos set forth on the website (www.getphotostraining.com). Licensed Content shall include, without limitation, all written, audio or video training content, including but not limited to training videos, sample clips, written tutorials, web site content, behind the scenes footage, clips, excerpts, out-takes and other related audio visual content owned or controlled by company or contributed to or collected by subscriber from third parties.
License Grant
Z58 hereby grants to subscriber a non-exclusive right and license to view, read and access the Licensed Content. Subscriber agrees not to copy, give others access, publicly perform or display, combine with other audio and video content, prepare derivative works of, market online or offline, bundle with other content in any form, format, or media now known or hereafter developed.
Licensed Advertising.
Z58 shall have the sole and exclusive right to sell, license or otherwise grant any and all advertising and promotional rights with respect to the Z58 Properties, including, without limitation, on all pages that contain Licensed Content; on all pages of the Z58 Properties (getphotostraining.com, getphotos.com) from which the Licensed Content can be accessed; prior to (in the case of video pre-roll ads), during or after the playback of or otherwise in connection with any Licensed Content from or through any Z58 Property; and on any media player. Neither Z58 nor any Affiliate shall be obligated to sell, license or offer to sell or license any advertising or promotional rights concerning the Licensed Content.
Z58 Responsibilities
Provided subscriber is not in material breach or default hereof, Z58 agrees to make the Licensed Content available to users on www.getphotostraining.com during the Term. The company makes no claims or promises in regard to launching new video content in the future.
Format and delivery of Licensed Content.
The company agrees to deliver the Licensed Content to subscriber on an “on demand” basis through the Internet. The subscriber agrees to the following technical requirements:
- Operating Systems: Windows XP or higher, Mac ‘OS X’ 10.1 or higher
- Browsers: Internet Explorer 7+, Safari 3.1+, Firefox 3.0+ and Adobe Flash Player 9+
Subscriber agrees that the technical requirements may be modified by the company from time to time during the Term at the company’s discretion. In the event that a client is unable to view the videos online, for any reason (including but not limited to subscriber computer or bandwidth issues) the company agrees to make the video content available to the subscriber on DVD.
Privacy Policy
Privacy is of great concern to most users of the Internet, and is a critical part of an enjoyable and satisfactory user experience. Z58 is acutely aware of and sensitive to the privacy concerns of our subscribers and other visitors to our Web site. Whether you are a customer of our various products and services or a visitor to our site, we assure you that we do not collect personal information from you unless you provide it to us. You should be assured that we do not provide or sell personal information about our customers or site visitors to vendors. Please note that our site contains links to other sites. As such, Z58 is not responsible for the privacy practices, privacy statements, or content regarding these other sites.