terms and conditions

Terms of Use Agreement

May 1st, 2013

Welcome to FirstClassClick.com, the website for photographers seeking to advertise their educational services online operated by FirstClassClick.com (“FirstClassClick.com”). By using the FirstClassClick.com Website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a First Class Member and make use of the service FirstClassClick.com (the “Service”), read these Terms of Use and indicate your acceptance of them by submitting the registration form.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by FirstClassClick.com from time to time, such modifications to be effective upon posting by FirstClassClick.com on the Website. This Agreement includes FirstClassClick.com’s Acceptable Use Policy for Content Posted on the Website, FirstClassClick.com’s Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: info@FirstClassClick.com, Subject: Terms of Use Agreement.

1. Eligibility. You must be eighteen or over to register as a member of FirstClassClick.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by FirstClassClick.com of your written or email notice of termination. FirstClassClick.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to FirstClassClick.com. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-13 of this Agreement.

3. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Everything you see and read on this site is the property of FirstClassClick and its affiliates and licensors. You may not publish display, download, modify, reproduce, distribute, re-post, sell, rent, lease or otherwise directly or indirectly commercially exploit any of on the content posted on FirstClassClick.com without the prior written permission of FirstClassClick.

4. Proprietary Rights in Content on FirstClassClick.com. FirstClassClick.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FirstClassClick.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities of any kind in their profile (such as an illegal or unauthorized copy of another persons copyrighted work) and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently. Furthermore you agree that by posting Content to any public area of FirstClassClick.com, you automatically grant, and you represent and warrant that you have the right to grant, to FirstClassClick.com an irrevocable, perpetual, non-exclusive, unrestricted, worldwide, royalty free license to use, copy, license, sublicense, adapt, display, publicly perform, reproduce, transmit, distribute, modify, edit and otherwise use such information and content, in all media now known and hereafter developed. You acknowledge that transmission to and from FirstClassClick and FirstClassClick.com are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting any information and content to FirstClassClick, no confidential, fiduciary, contractually implied or other relationship is created between you and FirstClassClick other than pursuant to this Agreement. Photo submissions: all photos are subject to the terms and conditions stated in this Agreement. You must be copyright holder to submit images, or have the written consent of the copyright holder.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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.

7. Subscription. FirstClassClick.com reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. Your designated payment method will be billed one time for the membership fee of the membership type you selected and you will not be rebilled and your membership will not be extended unless you reapply to become a Member again. The pricing of the various memberships is shown on the payment page and may change from time to time. You may cancel your membership at any time and to do so please contact customer service at memberservice@firstclassclick.com. Upon the cancellation of the membership your profile is going to be permanently removed from the website and to reinstitute it you have to reapply to become a Member again. The membership fee is nonrefundable and nontransferable.

8. Disputes. In the event that you have a dispute with one or more Members or those who have posted, viewed and/or used information on the FirstClassClick.com site, you release FirstClassClick.com , including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code  1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

In no event shall FirstClassClick.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else’s conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet through this Service.

9. Service. FirstClassClick.com does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that www.FirstClassClick.com is offline for a period of more than 72 hours, will a pro-rated refund be given. FirstClassClick.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.

10. Disclaimers. FirstClassClick.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by Members or by any of the equipment or programming associated with or utilized in the Service. FirstClassClick.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FirstClassClick.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member’s profile. FirstClassClick.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FirstClassClick.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and FirstClassClick.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FirstClassClick.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will FirstClassClick.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FirstClassClick.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FirstClassClick.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FirstClassClick.com for the Service during the term of membership.

12. U.S. Export Controls. Software from this Website (the Software) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement, which are unable to be resolved informally, shall be determined by binding arbitration in SAN FRANCISCO COUNTY, CALIFORNIA, before a single retired judge affiliated with ADR Services or a similar organization (other than the American Arbitration Association), with the arbitration governed by the California Rules of Civil Procedure sections 2016 et seq., relating to discovery. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of CALIFORNIA and the United States.

14. Indemnity. You agree to indemnify and hold FirstClassClick.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FirstClassClick.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.