This website and its contents are protected by the copyright laws of Canada and international treaties to which Canada is a signatory. Except as otherwise provided for under copyright law, this website and its content may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.
Our privacy commitment is based on the ten principles contained in the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).
Personal Information under PIPEDA is any information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.
Why do we collect Personal Information?
We collect Personal Information in order to provide photography education Services to you. In addition, we offer educational opportunities concerning product and brand photography, which we provide as a service to you and others in our community.
The Company collects your information in order to record and support your participation in the activities you select. If you register to download a PDF or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services.
How do we collect personal information?
We collect personal information only by lawful and fair means, and only collect personal information that is reasonably necessary for the legitimate purposes identified and for which consent has been obtained.
Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect Through Automatic Tracking Technology
As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Similar to other commercial websites, our Website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and websites visited just before and just after our own, as well as your IP address.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as required by law.
All e-mails sent by us will be in compliance with the Canadian Anti-Spam Legislation (“CASL”), including clearly stating who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
How do we use your information?
We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.
From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.
From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
Disclosure of Information
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action.
We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.
We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide your information to any successor or assign in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.
We may disclose information when legally compelled to do so when we, in good faith, believe that the law requires it, or for the protection of our legal rights, or when compelled by a court or other governmental entity to do so.
We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the personal information and will involve, as applicable, physical, organizational and electronic security measures, including premises security, restricted file access, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. In communicating with us, you should be aware that e-mail is not a fully secure medium.
Updating Information and Correcting Errors
Since we use your personal information to provide goods or services to you, it is important that the information be accurate and up-to-date. If any of your information changes, is inaccurate or incomplete, please inform us so that we can make any necessary changes.
Access to Personal Information
We will respond promptly to any request for access to your personal information and will advise you of the cost, if any, prior to the retrieval of such records or information. We will not respond to requests for access to personal information that are frivolous, vexatious or repetitious. In certain circumstances, we may be unable to provide access to some or all of the personal information that we hold about you.
Visitor GDPR Rights
If you are visiting this Website from within the European Union (“EU”), you are entitled to certain information and have certain rights under the General Data Protection Regulation of the EU which include the following:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) We decide that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that we store and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the our processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
For more information about your rights as a website visitor from the EU and the GDPR, please see the European Commission website here – https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en.
Questions, concerns or requests for access
Effective Sep 2020
The information on this Website operated by Amy Eaton is for general information and education on product and brand photography only.
By visiting this Website, you have not retained Amy Eaton to give professional advice and the information on the Website should not be considered a substitute for professional advice.
Amy Eaton makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website.
Amy Eaton assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.
Amy Eaton not responsible for any errors or omissions, or for the results obtained from the use of any information on this Website.
Amy Eaton has received compensation for (describe affiliate product or service) or is an affiliate of (other company) in exchange for endorsing their products or services. Access to any third-party website from this Website does not constitute an affiliation with or endorsement of such sites or their operators.
Information on this Website may be changed or updated at any time without notice.
Copyright & Content
All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of the Amy Eaton unless otherwise noted.
Nothing on this Website may be, in whole or in part, sold or otherwise transmitted in any form or by any means for commercial purposes, except with the prior written permission of Amy Eaton.
The information on this Website is provided as general information and is not advice. If you need advice about a specific problem, you should contact a professional in your province or territory.
The full text of the disclaimer for the Website is located on this page.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.
You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.
You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.
The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.
This agreement between you, the user, and Amy Eaton, shall be governed by, and interpreted in accordance with, the laws of the province of Nova Scotia and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Nova Scotia in any proceeding related to this agreement.
PO Box 52
Online Course and Membership Site User Agreement
Terms and Conditions – Amy Eaton (the “Provider”) agrees to provide you with access to ‘Amy Eaton – Photography Courses’ (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
Effective Date – This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
Copyright – The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Program Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Fees – The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. Prices may be subject to change 14 days’ notice to the Participant. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
Payment Plans – Payment plans, as set at the time of purchase, are required to be fulfilled by the Participant. Payment plans cannot be cancelled after the 14 day money back guarantee period has expired.
Membership Fees and Renewals – If the Participant has subscribed to a membership site or coaching program as a component of the Program, the Participant agrees to the following terms of membership subscription:
- Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, or refunded under the money-back guarantee in Clause 10, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
- Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date. The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 7.
- Cancellation Policy – You may cancel your membership in writing by e-mail to email@example.com. Your subscription shall continue until the end of the current subscription period (monthly or annually). The Participant shall not be charged by the Provider for any membership fees after the current membership period. Unless the Participant has cancelled the Program within the period of the money back guarantee (see below), the Participant remains responsible to pay all amounts owing under a payment plan for the Program.
Money Back Guarantee – The Provider wants you to be satisfied with the purchase of your Program so we offer a money back guarantee for all Programs. To claim a refund under this guarantee, please send an e-mail to firstname.lastname@example.org within 14 days of your registration for the Program. You will be required to provide in your e-mail the name of the Product, the date of purchase, the payment method and the name and e-mail address of the Participant and purchaser. The refund will be processed within 3 business days by the Provider via the original payment method.
Passwords – Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Credit Card Authorization – By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors or coaches, and participation in any social media groups or chats, and shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.
Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES. The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
RELEASE AND INDEMNITY. The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
Governing Law and Jurisdiction. The Program is operated by the Provider within the Province of Nova Scotia, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Nova Scotia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Nova Scotia, with respect to all matters relating to their access to and use of the Program.
Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at email@example.com.
Entire Agreement – This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.