Please read these terms and conditions carefully before using our service.

INTERPRETATION & DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS
FOR THE PURPOSES OF THESE TERMS AND CONDITIONS:

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.

COMPANY
(REFERRED TO AS EITHER "THE COMPANY", "WE", "US," "OUR," “STEPH KADLICKO” OR “5TH PHOTOGRAPHY” IN THIS AGREEMENT) REFERS TO 5TH PHOTOGRAPHY, LLC.
 
COUNTRY
REFERS TO: UNITED STATES.

DEVICE
MEANS ANY DEVICE THAT CAN ACCESS THE SERVICE SUCH AS A COMPUTER, A CELLPHONE OR A DIGITAL TABLET.

PROMOTIONS
REFER TO CONTESTS, SWEEPSTAKES OR OTHER PROMOTIONS OFFERED THROUGH THE SERVICE.
SERVICE REFERS TO THE WEBSITE.

TERMS AND CONDITIONS
(ALSO REFERRED AS "TERMS") MEAN THESE TERMS AND CONDITIONS THAT FORM THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY REGARDING THE USE OF THE SERVICE.

THIRD-PARTY SOCIAL MEDIA SERVCE
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.

USER
(REFERRED TO AS “YOU,” “USER" OR “YOUR”) REFERS TO SITE VISITORS, CUSTOMERS, AND ANY OTHER USERS OF THE SITE OR INDIVIDUALS 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.

WEB SITE
(REFERRED TO AS EITHER “THE WEBSITE” OR “SITE”) REFERS TO 5TH PHOTOGRAPHY AND ALL ONLINE CLASS SITES CONNECTED WITH 5TH PHOTOGRAPHY, LLC., ACCESSIBLE FROM WWW.5THPHOTOGRAPHY.COM

USE OF THE SITE & SERVICE
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THE SITE. IF YOU ARE UNDER 18 AND READING THIS, I AM IMPRESSED, BUT THAT SAID, COME BACK WHEN YOU’RE 18. INFORMATION PROVIDED ON THE SITE AND IN THE SERVICE RELATED TO MARKETING, SMALL BUSINESS MANAGEMENT AND OTHER INFORMATION ARE SUBJECT TO CHANGE. 5TH PHOTOGRAPHY MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED, REGARDLESS OF ITS SOURCE (THE “CONTENT”), IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 5TH PHOTOGRAPHY DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR OR INCOMPLETENESS IN THE CONTENT.

ACKNOWLEDGEMENT
5THPHOTOGRAPHY.COM PROVIDES A WEBSITE WHERE USERS CAN READ ARTICLES ON SMALL BUSINESS MANAGEMENT, MARKETING, SALES AND SERVICES AND A SERVICE WHERE USERS MAY PURCHASE ONLINE CLASSES, WORKSHOPS, PHOTOGRAPHY-SERVICES AND PRODUCTS RELATED TO PHOTOGRAPHY, SMALL BUSINESS MANAGEMENT, MARKETING, COACHING, MENTORSHIP, SALES AND SERVICES (THE “SERVICE”). USE OF 5THPHOTOGRAPHY.COM, INCLUDING ALL MATERIALS PRESENTED HEREIN AND ALL ONLINE SERVICES PROVIDED BY 5TH PHOTOGRAPHY, LLC IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL SITE VISITORS, CUSTOMERS, AND ALL OTHER USERS OF THE SITE.
THESE ARE THE TERMS AND CONDITIONS GOVERNING THE USE OF THIS SERVICE AND THE AGREEMENT THAT OPERATES BETWEEN YOU AND THE COMPANY. THESE TERMS AND CONDITIONS SET OUT THE RIGHTS AND OBLIGATIONS OF ALL USERS REGARDING THE USE OF THE SERVICE.

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE. BY USING OR ACCESSING THE SITE OR SERVICE AND/OR ORDERING A PRODUCT FROM THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS THE SERVICE.
YOUR ACCESS TO AND USE OF THE SERVICE IS ALSO CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE PRIVACY POLICY OF THE COMPANY. OUR PRIVACY POLICY DESCRIBES OUR POLICIES AND PROCEDURES ON THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION WHEN YOU USE THE APPLICATION OR THE WEBSITE AND TELLS YOU ABOUT YOUR PRIVACY RIGHTS AND HOW THE LAW PROTECTS YOU. PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICE.

PROMOTIONS
ANY PROMOTIONS MADE AVAILABLE THROUGH THE SERVICE MAY BE GOVERNED BY RULES THAT ARE SEPARATE FROM THESE TERMS.

IF YOU PARTICIPATE IN ANY PROMOTIONS, PLEASE REVIEW THE APPLICABLE RULES AS WELL AS OUR PRIVACY POLICY. IF THE RULES FOR A PROMOTION CONFLICT WITH THESE TERMS, THE PROMOTION RULES WILL APPLY.

INTELLECTUAL PROPERTYTHE SERVICE AND ITS ORIGINAL CONTENT (EXCLUDING CONTENT PROVIDED BY YOU OR OTHER USERS), FEATURES AND FUNCTIONALITY ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF THE COMPANY AND ITS LICENSORS.

THE SERVICE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF BOTH THE COUNTRY AND FOREIGN COUNTRIES.

OUR TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.

LINKS TO OTHER WEBSITE
OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEB SITES 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 WEB SITES 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 WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

TERMINATION
WE MAY TERMINATE OR SUSPEND YOUR ACCESS IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION IF YOU BREACH THESE TERMS AND CONDITIONS. UPON TERMINATION, YOUR RIGHT TO USE THE SERVICE WILL CEASE IMMEDIATELY.

LIMITATION OF LIABILITY
IN NO EVENT SHALL 5TH PHOTOGRAPHY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM5TH PHOTOGRAPHY, AND IF NO PURCHASE HAS BEEN MADE BY YOU 5TH PHOTOGRAPHY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $1.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, 5TH PHOTOGRAPHY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF 5TH PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

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" & "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.

GOVERNING LAW
THE LAWS OF THE COUNTRY, EXCLUDING ITS CONFLICTS OF LAW RULES, SHALL GOVERN THIS TERMS AND YOUR USE OF THE SERVICE. YOUR USE OF THE APPLICATION MAY ALSO BE SUBJECT TO OTHER LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAWS.
DISPUTES AND RESOLUTION
IF YOU HAVE ANY CONCERN OR DISPUTE ABOUT THE SERVICE, YOU AGREE TO FIRST TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING THE COMPANY.

FOR EUROPEAN UNION (EU) USERS
IF YOU ARE A EUROPEAN UNION CONSUMER, YOU WILL BENEFIT FROM ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT IN.

UNITED STATES LEGAL COMPLIANCE
YOU REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO THE UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

LAWFUL PURPOSES
YOU MAY USE THE SITE AND SERVICE FOR LAWFUL PURPOSES ONLY. YOUR ACCOUNT MUST NOT BE USED FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. YOU MUST NOT, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION.

YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR ALL PURCHASES MADE BY YOU OR SOMEONE ACTING ON YOUR BEHALF THROUGH THE SITE. YOU AGREE TO USE THE SITE AND TO PURCHASE SERVICES OR PRODUCTS THROUGH THE SITE FOR LEGITIMATE, NON-COMMERCIAL PURPOSES ONLY.

YOU SHALL NOT POST OR TRANSMIT THROUGH THE SITE ANY MATERIAL WHICH VIOLATES OR INFRINGES THE RIGHTS OF OTHERS, OR WHICH IS THREATENING, DEFAMATORY, ABUSIVE, LIBELOUS, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, VULGAR, PROFANE, OBSCENE OR OTHERWISE OBJECTIONABLE, CONTAINS INJURIOUS FORMULAS, RECIPES, OR INSTRUCTIONS, WHICH ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY LAW.

REFUSAL OF SERVICE
5TH PHOTOGRAPHY RESERVES THE RIGHT TO REFUSE SERVICE TO ANY PERSON OR ENTITY WITHOUT OBLIGATION TO ASSIGN REASON FOR DOING SO. 5TH PHOTOGRAPHY RESERVES THE RIGHT TO LIMIT THE NUMBER OF PARTICIPANTS IN ANY GIVEN ONLINE CLASS OR WORKSHOP. 5TH PHOTOGRAPHY MAY AT ANY TIME CHANGE OR DISCONTINUE ANY ASPECT, OUTPUT, OR FEATURE OF THE SITE OR SERVICE.

PRODUCT DESCRIPTION
WE ENDEAVOR TO DESCRIBE AND DISPLAY THE SERVICE AS ACCURATELY AS POSSIBLE. IN THE EVENT THAT A THE EXPLANATION OF THE SERVICE (INCLUDING PRICING AND CONTENTS) IS INCORRECT, WE RESERVE THE RIGHT TO CORRECT ERRORS WITHOUT ANY NOTICE OR ANNOUNCEMENT. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDER MADE ON AN INCORRECT SITE PRICE LISTING.

INTELLECTUAL PROPERTY
ALL CONTENT PROVIDED ON THE SITE AND IN THE SERVICE, INCLUDING ALL PRODUCTS AND ALL ONLINE CLASS AND WORKSHOP MATERIALS ARE THE INTELLECTUAL PROPERTY OF 5TH PHOTOGRAPHY AND ARE PROTECTED BY UNITED STATES TRADEMARK, TRADE DRESS AND COPYRIGHT LAW. YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, PARTICIPATE IN THE TRANSFER OR SALE OF, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY, REPRODUCE OR PERFORM, OR IN ANY WAY EXPLOIT IN ANY FORMAT WHATSOEVER ANY OF THE CONTENT OF THE SITE OR THE SERVICE, IN WHOLE OR IN PART WITHOUT OUR PRIOR WRITTEN CONSENT. YOU MAY NOT REMOVE ANY TRADEMARK, COPYRIGHT, OR OTHER NOTICE FROM THE CONTENT OF THE SITE OR THE SERVICE. WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE YOU FROM THE SERVICE, WITHOUT REFUND, AT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST YOU IF YOU ARE CAUGHT VIOLATING THIS INTELLECTUAL PROPERTY POLICY.

SERVABILITY & WAIVER
SERVABILITY
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.

WAIVER
EXCEPT AS PROVIDED HEREIN, THE FAILURE TO EXERCISE A RIGHT OR TO REQUIRE PERFORMANCE OF AN OBLIGATION UNDER THIS TERMS SHALL NOT EFFECT A PARTY'S ABILITY TO EXERCISE SUCH RIGHT OR REQUIRE SUCH PERFORMANCE AT ANY TIME THEREAFTER NOR SHALL BE THE WAIVER OF A BREACH CONSTITUTE A WAIVER OF ANY SUBSEQUENT BREACH.

CHANGES TO THESE TERMS & CONDITIONSWE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. IF A REVISION IS MATERIAL WE WILL MAKE REASONABLE EFFORTS TO PROVIDE AT LEAST 30 DAYS' NOTICE PRIOR TO ANY NEW TERMS TAKING EFFECT. WHAT CONSTITUTES A MATERIAL CHANGE WILL BE DETERMINED AT OUR SOLE DISCRETION.

BY CONTINUING TO ACCESS OR USE OUR SERVICE AFTER THOSE REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, IN WHOLE OR IN PART, PLEASE STOP USING THE WEBSITE AND THE SERVICE.

TRANSLATION INTERPRETATION
THESE TERMS AND CONDITIONS MAY HAVE BEEN TRANSLATED IF WE HAVE MADE THEM AVAILABLE TO YOU ON OUR SERVICE. YOU AGREE THAT THE ORIGINAL ENGLISH TEXT SHALL PREVAIL IN THE CASE OF A DISPUTE.

CONTACT US
If you have any questions about these Terms and Conditions, You can contact us by email: steph@5thPhotography.com.