Last updated: January 13, 2022
Interpretation And Definitions
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Jonah Fisher – Yearbook Photo Mentor.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Customer is the customer identified on your order documentation as ordering the Services and may include a School or other eligible entity (e.g., in the U.S., an educational agency or institution (as defined in FERPA), school district, or BOCES) that orders Services solely on behalf of a School(s). References to “Customer” in these Terms shall also include the School or Schools on behalf of which Customer orders the Services if Customer is not a School.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Products refer to the products or items offered for sale on the Service.
Orders mean a request by You to purchase Products from Us.
Service refers to the Website.
School means a qualified primary or secondary educational institution or an institution of postsecondary education. For example, a K-12 educational institution in the United States, or a college or university in the United States, is a School.
Student means an individual enrolled in classes at a School.
Student Data means Student Personal Information and Student Assets. Student Data does not include any information received by Company outside the context of the provision of the Services pursuant to the Terms.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to Yearbook Photo Mentor, accessible from yearbookphotomentor.com, including all subdomains.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You must be at least 13 years of age to use the Service. If you are under 18 years of age, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Student Data Consents and Authority
By using the Services and offering the Services to Students, Customer represents and warrants that it has (i) the authority to (a) provide Student Data to the Company, (b) authorize the Company to collect Student Data through the Services, and (c) allow the Company to process Student Data for the purpose of providing the Services, and (ii) provided appropriate disclosures to, and obtained consents from, its School(s), Students, the parents or legal guardians of Students, or any other required individual regarding Schools’, and Students’ use of the Services, to the extent such disclosures or consents are required by applicable law, Customer or School agreements, or Customer or School policies.
Limited license to use the Products on the Website is granted to you when:
– You request access to a Product offered for free on the Website in exchange for providing your e-mail address and joining the Company e-mail list. This request grants you license to access and use the offered Product, subject to usage restrictions listed in these Terms.
– You make a one-time purchase of a Product through the Website payment portal. This purchase grants you license to access and use the Product, subject to usage restrictions listed in these Terms.
– You make a purchase of a subscription/membership through the Website payment portal. This purchase grants you license to access the materials included in the membership as long as the subscription/membership is kept active, subject to usage restrictions listed in these Terms.
– Your school/district makes a one-time purchase of a Product through the Website and assigns you as the user. This purchase grants you license to access and use the Product for as long as you are employed by and/or authorized by your school to do so, subject to usage restrictions listed in these Terms. You or your School/district may request, in writing, that access to a school-purchased product be revoked for one user and reassigned to another.
– Your school/district makes a purchase of a subscription/membership directly from the Company by purchase order/invoice and assigns you as the user. This purchase grants you license to access the materials included in the membership as long as the subscription/membership is kept active and you are employed by and/or authorized by your school to do so, subject to usage restrictions listed in these Terms. You or your School/district may request, in writing, that access to a school-purchased product be revoked for one user and reassigned to another.
The products offered on the Website are only to be used by individual licensed users, subject to the licensing above. Copying or sharing with another teacher, classroom, department, school, or school system is prohibited with the following exception: Login Holders may share materials with resource teachers and aides who are assisting with the instruction of the students of the Login Holder.
Each subscription/membership account will be assigned a minimum of 2 individual User Logins; the actual number of User Logins will depend on the membership level purchased. At minimum, 1 User Login must be reserved for the teacher’s sole use. The other User Login(s) may be assigned to another individual or may serve as a general login for collective journalism staff usage. User Login(s) may not be assigned to or shared with any individual outside of the assigned journalism teacher and their journalism staff members.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
The Service and its original content (excluding Content provided by You or other users), features, and functionality are subject to copyright and will remain the exclusive property of the Company and its licensors.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources accessible from the Website.
The Company content is not for resale. Your use of the Website or any of the resources accessible from the Website does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on video shows, guest instructors, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast or video show offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Our Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
– Unlawful or promoting unlawful activity.
– Pornographic, lewd, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
– Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
– Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
– Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
– Impersonating any person or entity including the Company and its employees or representatives.
– Violating the privacy of any third person.
– False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse, or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment-processing third parties for purposes of facilitating the completion of Your Order.
Payment and Renewal
By purchasing a product or subscription/membership, you agree to pay the Company the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).
Subscription/membership payments made through the Website payment portal will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for the subscription period as set forth in your order document. Payments are not refundable except as outlined below.
Subscription/membership payments made by invoice/purchase order are due net 14 days and will cover the use of that service for the subscription period as set forth in your order document. Payments are not refundable except as outlined below.
Your subscription/membership will renew at the same rate for as long as your membership is active. If you cancel your membership and rejoin, you may do so at the currently advertised rate.
Cancellation Policy and Refunds Policy
Certain of the Company’s products and services are offered on an ongoing basis with a subscription (yearly or otherwise). Users may cancel membership subscriptions at any time by emailing email@example.com.
As a first-time member, you may cancel your membership for a full refund within your first 14 days of joining the membership, this is our money-back guarantee. After 14 days no refund will be issued. Your membership access shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
Existing or Members who have joined for a second time may cancel their membership via the same methods as mentioned above, however, no refund period will apply, and no refund will be issued. Your membership access shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
The Company, from time-to-time, provides various courses, programs, and associated material for sale separately from the membership. By purchasing these products, you are given immediate lifetime access to all the content for our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use.
No refunds are given for a Course you have ordered as you shall be immediately granted instant lifetime access to the course materials, and we cannot reverse this access. We clearly lay out what you will be getting from a particular course on the sales page before purchase, this will give you a full understanding of what to expect within the course. If you have any questions regarding any Courses, you can contact Us prior to purchase.
Your purchase of a product or subscription/membership includes access to email support. “Email support” means the ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by the Company to respond within two business days). All support will be provided in accordance with Our standard services practices, procedures, and policies.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Upon termination, Your right to use the Service will cease immediately.
For Educational And Informational Purposes Only
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We respect the Intellectual Property Rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, to occur in or near Marietta, Georgia. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We may change these Terms by posting the revised version on the Website at least 7 days before they become effective. Please check the Website from time to time. Users will be bound by the revised Terms if they continue to use the Website or the services following the effective date shown.