TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Accessing Content & Downloads

Content on our site is accessible via on-demand streaming, downloads are not available at this time for video training unless otherwise noted. Downloads are available for photoshop actions/guides/pdf e-books only.

Refund Policy

We reserve the right to deny a refund at any time due to the nature of the materials being digital. If you consume/download/watch more than 50% of the content or other material on the site then request a refund it will NOT be honored.

We also do not accept return requests for difficulty logging in, or accessing/playing content unless we can reliably prove that we are at fault for the issue and it is not something unique to your device.

Should you have any questions please contact us here.

Terms & Conditions

Andrea Domjan Photography, LLC (referred to herein as “us” or “we”) is the owner and operator of the website andreadomjaneducation.com (together referred to as the “Service”). The following are the terms and conditions of use (“Terms and Conditions of Use”) that govern use of the Service offered on the site. By using the Service you expressly agree to be bound by these Terms and Conditions of Use and our Privacy Policy and to follow these Terms and Conditions of Use and all applicable laws and regulations governing use of the Service. Also, when using the Service, you are subject to any posted guidelines or rules applicable to specific programs, content, and features within the Service.

We reserve the right to change the Terms and Conditions of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon general notice thereof (constructive or actual), which may be given by means including, but not limited, posting the revised Terms and Conditions of Use on this page. You acknowledge and agree that it is your responsibility review the Terms and Conditions of Use periodically, and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and Conditions of Use and agreement to abide and be bound by the modified Terms and Conditions of Use.

Service Content. The Service and any service-related content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Service Content”), is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Service Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service Content. You agree to not engage in the use, copying, or distribution of any of the Service Content other than expressly permitted by us, including any use, copying, or distribution of third parties’ materials obtained through the Service for any commercial purposes. If you download or print a copy of any Service Content for personal use, you must retain all copyright and other proprietary notices contained therein. We may change, suspend, or discontinue any aspect of the Service and/or Service Content at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Service and/or Service Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Service and the Service Content or features that prevent or restrict use or copying of Service Content or enforce limitations on use of the Service or the Service Content therein.

Registration. To use any aspect of the Service and/or access Service Content, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the “Account Information”). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. By using the Service, you authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your identity and username or validate your Service account information. You agree not use false identities or impersonate any other person or use a username or password that you are not authorized to use. We will use your Account Information in accordance with our Privacy Policy. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related emails. We may also use your email address to send you other messages, including information about the Service and special offers pertaining thereto. You may opt out of such email by changing your account settings or by sending an email to support@andreadomjaneducation.com. Opting out may prevent you from receiving messages regarding the Service or special offers.

Acceptable Service Conduct. You may not access or use the Service for any other purpose other than that for which we make it available. Certain activities, even if legal, may violate the common rules of etiquette governing online behavior, as determined by us in our sole discretion. Prohibited activity while using the Service (including, without limitation, areas restricted to Members and/or forums, private group pages, and comment sections related to the Service and/or Service Content) includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any user to buy or sell any products or services; transmitting chain letters or junk email to other users; using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user or person without their prior explicit consent; engaging in any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the website; attempting to impersonate another user, person or entity; using the username of another user; using a false email address; selling or otherwise transferring your profile; using any information obtained from the Service in order to harass, abuse, or harm another person; and using the Service in a manner inconsistent with any and all applicable laws and regulations. We do not pre-screen users, Members, or User Generated Content, and we have no obligation to do so; however, you acknowledge that we reserve the right, in our sole discretion to refuse, revoke, and/or remove any user, Member, or User Generated Content that is available through the Service, for any reason without notice or explanation to you.

Third Party Interactions. During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activities, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the applicable third-party. We will have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party. We do not endorse any sites on the Internet that are linked through the Service. We provide these links to you only as a matter of convenience, and in no event will we be responsible for any content, products, or other materials available from such sites.

Warranties. Without in any way limiting your obligations elsewhere in the Terms and Conditions of Use, you hereby acknowledge and agree that by using the Service and/or accessing Service Content, you hereby represent, warrant and covenant that: you have read, understood, and agree to be bound by the Member pricing before using the Service or registering as a Member; you are over the age of 18, or, if not, you will only use the Service with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or use the Service; you will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Service or any Service-related platforms; you will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content; you will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use or exploit any Service Content or User Generated Content (other than your own) except as expressly permitted herein; and you will and hereby do agree to indemnify, defend and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of the Terms and Conditions of Use, including any representation or warranty hereunder. Notwithstanding the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Right to Manage the Service and to Terminate Users. We reserve the right but do not have the obligation to: monitor the Service for violations of the Terms and Conditions of Use; take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible any user’s or Member’s account or any portion thereof that may violate the Terms and Conditions of Use or any of our other policies; or otherwise manage the Service in a manner designed to protect our and other’s rights and property and to facilitate the proper functioning of the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

DMCA Compliance. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing: support@andreadomjaneducation.com.

Dispute Resolution. All disputes arising out of or relating to your use of the Service and/or Service Content, including, without limitation, the Terms and Conditions of Use, your access to or use of the Service and/or the Service Content, or any specific aspect of the Service, will be exclusively resolved under the laws of the State of California (without regard to conflicts of law principles) through confidential and binding arbitration held in Los Angeles, CA, before and in accordance with the rules of the Commercial Rules of the American Arbitration Association. In the event of litigation or to compel arbitration or to enforce an arbitration award rendered pursuant hereto, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Los Angeles, CA.

No Warranties: EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED OR OBTAINED THROUGH , OR DOWNLOADED FROM THE SERVICE, EVEN IF WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Entire Agreement. The Terms and Conditions of Use, including any additional terms referenced herein, constitutes the entire agreement between you and us regarding the use of the Service and the Service Content. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Terms and Conditions of Use will operate to the fullest extent permissible by law. If any provision or part of a provision of the Terms and Conditions of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

All rights reserved © Copyright 2020 Andrea Domjan Photography