Welcome to Fisheye Connect, an online site that allows photography instructors to make available registration for their workshops at one central location, at any time, from any where in the world. Fisheye Connect is the common name used herein to refer to the Georgia Corporation known as Fisheye Connect, Inc.
"Instructor," "Provider," or "Promoter" refer to individuals posting or promoting workshop openings. "Attendee" refers to a customer who has reserved and paid for a spot in an Instructor's workshop. "Fisheye Connect" or "FEC" refer to Fisheye Connect, Inc. "FisheyeConnect.com" or "the Site" refer to Fisheye Connect's website, located at http://FisheyeConnect.com/. "Workshop" refers to the learning experience provided by Instructors to Attendees through Fisheye Connect. "Booking" refers to the act of reserving and paying for a workshop opening through Fisheye Connect. "Seat" (hereafter "seats," or "openings") means a position which can be bought by a person or for a person to participate in the workshop provided by the Instructor. "On Demand" refers to any online training course offered by an Instructor, delivered via Fisheye Connect, Inc. at the time of purchase, is streamed via the internet and may consist of live shooting, instructor lecture, slides audio, presentations, screen captures, etc., to name a few examples. "Submitted Content" refers to any images, files, video, audio or any other content that an Instructor or Attendee uploads or provides to Fisheye Connect (further information regarding "submitted content is found in Fisheye Connect Instructor Policy").
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review photography instructor information, workshop information, and promotional information, for personal use, to publish information relating to workshop listings, or to purchase available workshop tickets unless otherwise specifically authorized by FEC to do so.
Workshop Seat Purchase Policy
Please review the Attendee Policy, which will govern your order or purchase of any workshop tickets through the Site.
Photographer Instructor Workshop Listing
Please review the Instructor Policy, which will govern your listing of available seats for workshops on www.FisheyeConnect.com.
Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations
The sale or purchase of workshop seats to the workshops listed on Fisheye Connect, or other events listed on Fisheye Connect, may be regulated by certain national, state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD FEC LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR FEC'S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. FEC WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or agents who have expressly authorized such use, for the purpose of purchasing workshop seats through FEC or for making any other payments to FEC. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase workshop tickets on the Site.
User Contributions to the Site
From time to time, we may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats, using bulletin boards, and providing ratings and reviews. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content." Such contributions do not represent the view or opinions of FEC. FEC cannot preview User Content before it appears. FEC does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and FEC expressly disclaims any and all liability in connection with User Content.
When using the Site, you may chose to read or otherwise be exposed to User Content. FEC is not liable or responsible for the intellectual property rights of or relating to such User Content. You agree and acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FEC with respect thereto as described more fully below, and agree to indemnify and hold Fisheye Connect harmless to the fullest extent allowed by law regarding all matters relating to your use of the Site as described more fully below. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify FEC if the material is on the Site. We will investigate your claim and may then take all actions we deem appropriate.
You agree that you will not submit "Prohibited Content," as described below, as User Content. Please review the FEC Attendee Policy and Instructor Policy which will further govern your submission of customer ratings, reviews, and other User Content.
The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:
- Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or photos and links to pirated music files or photo files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Displays pornographic or sexually explicit material of any kind
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- Infringes FEC's or any third party's copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.
Although FEC cannot monitor the conduct of users off the Site, it is also a violation of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. FEC has no control over these sites or the content within them. FEC cannot guarantee, represent or warrant that the content contained in those third party sites is accurate, legal and/or inoffensive. FEC does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against FEC for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at FEC, and we will investigate your claim and take any actions we deem appropriate.
No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of workshop seats, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not use the Site to resell workshop seats or to link to other sites for the purpose of selling workshop seats of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Access and Interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. You agree that you will not use any robot, spider or other automatic or manual device, process or means to give yourself or others acting for your benefit or on your behalf the ability to navigate the Site or purchase workshop seats on the Site faster than users of the Site who use a standard commercial browser and manually enter on their computers all information needed to navigate the Site and purchase workshop seats. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Site. You shall not use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior, express written permission of Fisheye Connect.
Unauthorized Use of the Site
You agree that monetary damages may not provide a sufficient remedy to FEC for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Site, as defined above, causes damage and harm to FEC in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Consequently, you agree that in the instance that an act of Abusive Use has occurred, FEC shall have the option of seeking a recovery of its actual damages against you, or an amount of liquidated damages of $25,000.00 per day, with this choice being at the sole discretion of FEC, and with each daily incident of Abusive Use that occurs per day constituting a full day of damages for the day it occurs.
FEC is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of FEC's rights. FEC reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
FEC is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.
U.S. Export Controls
This Site and software derived from this Site is further subject to United States export controls. No software from this Site may be downloaded 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 Site or any software derived there from, 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.
It is FEC's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. �512. Copyright infringing materials found on the Site can be identified and removed pursuant to FEC's compliance process. You agree to comply with that process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. For more information on this subject, please see FEC's DMCA Notice Guidelines. FEC reserves the right to terminate without notice any user's access to the Site if the user is determined to be a "repeat infringer." A repeat infringer is a user who has been notified by FEC of infringing activity violations more than once and/or has had User Content removed from the Site more than once.
Release, Waiver And Limitation on Liability
As a condition of access to the Site, you fully waive and release Fisheye Connect and Fisheye Connect shareholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site, other users' use of the Site, User Content posted on the Site, and any dispute you have or claim to have against FEC and its affiliates or one or more users on the Site.
You acknowledge that you may have or may in the future have claims against FEC which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.
FEC DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. FISHEYE CONNECT CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FISHEYE CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FISHEYE CONNECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. FISHEYE CONNECT MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY WORKSHOP SEATS OR OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE SERVICE PROVIDED BY FEC.
FEC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, FISHEYE CONNECT USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE FEC SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE FISHEYE CONNECT SERVICE.
FEC IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PROMOTER, INSTRUCTOR, USER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE VENUE, WORKSHOP, AND LOCATION.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to FEC at. FEC may investigate the claim and take appropriate action, in its sole discretion.
Limitation on Liability
IN NO EVENT WILL FEC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF FEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes, Venue and Jurisdiction
If you have a dispute and your dispute involves a workshop, workshop listing, or workshop seat that is located in the United States, then the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state court located in Bartow County, Georgia, or a federal court located in the Northern District of Georgia.
If you have a dispute and your dispute involves a workshop, workshop listing, or workshop seat that is located outside of the United States, then the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state court located in Bartow County, Georgia, or a federal court located in the Northern District of Georgia.
If you have a dispute regarding the Site but not regarding a workshop, workshop listing, or workshop seat, then: (a) if you are accessing the Site from the United States or any other country, the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state court located in Bartow County, Georgia, or a federal court located in Bartow County, Georgia.
You agree to indemnify and hold Fisheye Connect and its affiliates, and each of FEC's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Entire Agreement: This agreement embodies the entire agreement between the parties and cannot be varied except by the written agreement of the parties.
Gender and Number: Words of any gender used in this agreement will be construed to include any other gender and words in the singular number will be construed to include the plural, and vice versa, unless the context requires otherwise.
Captions: The captions used in connection with the Articles, Sections and Subsections of this agreement are for convenience only and will not be deemed to expand or limit the meaning of the language of this agreement.
Successors and Assigns: This agreement will be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, and permitted successors and assigns.
Execution by Action: This agreement shall be deemed to be accepted by any User of the Site when that User makes or takes any action that shows that the User voluntarily accepts the terms and agreements expressed herein and with all other of Fisheye Connect's published policies, terms, rules, regulations, and guidelines.
Controlling Law: This agreement will be construed under, governed by and enforced in accordance with the laws of the State of Georgia.
No Rule of Construction: All parties to this agreement agree that it will be deemed to be drafted by both parties, and no rule of construction will be invoked respecting the authorship of this agreement.
Severability: All agreements and covenants contained in this agreement are severable. In the event any agreement or covenant is held to be invalid by any court, this agreement will be interpreted as if such invalid agreement or covenant were not contained herein.
Time of Essence: Time is important to parties in the performance of this agreement, and both parties have agreed that strict compliance is required as to any date set out in this agreement.
Any content submitted to FEC by either an Attendee or Instructor gives FEC the ability to produce, resell, modify, alter, encode, edit, broadcast and distribute said content.
FEC reserves the right to edit or alter any videos submitted for marketing and/or promotional purposes without prior notice or any compensation to the Instructor/Author.
The purchase of an On Demand workshop, video or live streamed event is only a license to view such material through FEC's portal for so long as FEC offers that title for viewing. FEC reserves the right to remove any and all material on its Site, in FEC's sole discretion, without any prior notice.
If you have any questions about these Terms, please contact us by e-mail at: info@FisheyeConnect.com