TERMS & CONDITIONS
Last Updated December 16, 2022
The Los Angeles Center of Photography (“LACP” or “we” or “us” or “our”) is a registered 501(c)(3) nonprofit organization with a charitable mission of addressing the social needs of Los Angeles, elevating image-driven creative practices, and growing the community of dedicated photographers, photo-enthusiasts, and collectors. We carry out our mission through annual programs and initiatives, both in-person and online within this website at www.lacphoto.org (this “Website”), and through products, classes, webinars, programs, and other content we expressly make available (collectively, the “Services”). LACP also welcomes you to support our mission by making a donation to LACP (“Donations”).
This Website and all of the content appearing on the Website, are owned by or licensed to LACP or other authorized third parties and are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws and by international treaties. Unless we expressly say otherwise, you may access the materials located within the Website only for your personal, non-commercial use.
Any content submitted by you to LACP shall be subject to these Terms. By submitting any content to LACP, you grant LACP an irrevocable, unrestricted, perpetual, non-exclusive, fully-paid and royalty-free license to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, and distribute any ideas or concepts in such feedback without limitation for any purpose.
1. Payments made for purposes of donations to LACP
LACP is a 501(c)(3) organization. LACP receives donations on the Website as well as offline. Fees associated with such donations may change without notice. By making a donation, you acknowledge that you are at least eighteen years of age, legally competent, and agree to all other provisions of these Terms. You also agree that all details you provide for the purposes of making such a donation will be correct, including ownership and validity of any payment method as a credit or debit card. LACP may validate your payment details before processing your Donation.
2. Payments made for purposes of purchase of a Service
In the course of making a purchase of Services on the Website, a third-party payment provider may receive and implement your credit card information from your credit card purchaser. Our obligation to provide the Services arises when we take receipt of your purchase of Services from the third-party payment provider. You agree that you will not hold LACP responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges (and add new ones) in relation to any of the Services at any time at our discretion.
You acknowledge that the Services may include content that is protected by copyright, service marks, trade secrets, patents, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
You also acknowledge that the content is and shall remain the property of LACP, and you shall at no time assert any claims ownership over any content by reason of your use of or any right to use the Services.
You agree to comply with all copyright and trademark law sand shall not encumber any interest in, or asserts any rights to, the content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part.
You agree to not (i) send to LACP any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials that could constitute a criminal or civil offense, or encourage the commission of such an offense; (ii) copy the intellectual property of our Website or Services or a third party without permission; or (iii) use our Services in a way that violates any applicable laws.
Copyright Trademark Notices
All content of LACP’s Website with Copyright © 2015 Los Angeles Center of Photography. All rights reserved.
The trademarks, logos, and service marks displayed on the Website are our property or the property of third parties (employees or associated organizations). You are not permitted to use these trademarks, logos, or service marks without prior written consent or the consent of the third party that owns these trademarks, logos, or service marks. By making these marks available on this Website, LACP does not confer upon you any of LACP’s or any third party’s intellectual property rights.
You agree to defend, indemnify, and hold LACP and any of our affiliates or subsidiaries, as well as their respective officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns harmless from any loss, liability, claim or demand, including attorney’s fees, based on any and all claims arising from your use of the Website and Services. This will also extend to any claims made by a third party or LACP due to or arising from your breach of any provision of these Terms.
Links to Third-Party Websites
LACP makes no representations or warranties about any website that you may access through the Services, and does not monitor or have control over such websites. LACP is not responsible for or liable for any content on any such websites or resources that it does not own or control and your use of all such links to third-party websites is at your own risk. To the extent LACP provides links to or references any third parties or third-party websites, it is only as convenient and does not endorse, adopt, sponsor, or affiliate with such a third party or its services.
Children Under 13 Years Old
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL LACP OR ANY OF ITS EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA) THAT RESULT FROM, ARISE OUT OF, OR RELATE TO YOUR USE OF THIS WEBSITE AND ANY OTHER SERVICES OR MATERIALS PROVIDED BY LACP HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LACP may assign or transfer these Terms, in whole or in part, in connection with a sale or transfer of all or substantially all of its business, a divestiture, merger, or to an affiliate.
LACP will not be liable by reason of any failure or delay in the performance of its obligations on account of any cause that is beyond the reasonable control of LACP, including strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, other natural disasters, war, governmental action, pandemic, epidemic, or labor conditions.
Severability of Terms
If any of the provisions in these Terms are determined to not be enforceable or valid in a final valid and enforceable decision, then such provisions will be deemed severed and will not affect the validity and enforceability of the other parts of these Terms, which other parts should apply.
These Terms constitute the entire agreement between you and LACP for the Services and supersede all existing agreements and all other oral, written, or other communication as well as any prior proposals, negotiations, agreements, and understandings between you and LACP concerning its subject matter relating to the use of this Website or the Services.
These Terms will be governed by and construed in accordance with the laws of California, excluding any conflict of law principles. All disputes arising under, out of, or in any way connected with these Terms will be litigated exclusively in the state and federal courts located in Los Angeles, California. In any such action, you agree to submit to the subject matter jurisdiction of those courts, and waive any objections based on lack of personal jurisdiction, inconvenient forum, or improper venue relating to those courts.
Non-Waiver of Rights and Provisions of these Terms
The failure of LACP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
LACP reserves the right to terminate this Agreement or your use of or access to the Services at any time, in its sole discretion.
If you have any questions about these Terms, please contact us:
Los Angeles Center of Photography
P.O. Box 46310
Los Angeles, CA 90046