Last Updated: October 28, 2019
- Who We Are
- What Information We Collect
- How We Use Your Information
- How We Share Your Information
- Your Data Protection Rights
- EEA Data Subjects’ Data Protection Rights
- Nevada Residents’ Privacy Rights
- Third-Party Links
- How We Keep Your Personal Information Secure
- Retention of Your Personal Information
- International Users
- Children’s Information
- No Rights of Third Parties
- Contact Us
- WHO WE ARE
Hurlbut Visuals, Inc. is a U.S. based company that provides subscription-based content and educational programs and other related services.
- WHAT INFORMATION WE COLLECT
- Information you provide to us: You may provide personal information to us when you sign up for an account to access and use the Services, when you participate in any of our programs, consult with customer support or send us an email or communicate with us in any way (for example, to make a support request) or you make a purchase. The personal information we collect may include: your contact information (such as your name, address, telephone number and email address) and contact preferences; account information (such as your username and password); and if you make a purchase, payment details (card information, alternative payment method information, invoices, order information and transaction history). If you ever communicate directly with us, we may maintain a record of those communications and responses.
- Information You Post. Some of our Services may provide access to public facing community forums or searchable databases (“Public Forums”) which are designed to enable you to post comments, create a public profile, or post and any information or content you post becomes public information and is potentially subject to redistribution by Hurlbut Visuals and other third parties. You can choose to only have your profile accessible to certain members on our Sites. However, once information is available to others Public Forum you should remember that there is no expectation of privacy and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when deciding to disclose your personal information in a submission for or posting on a Community Forum.
- Location Information. We may collect information about your location which may include your precise location. We may collect this using different types of technologies, including GPS and Wi-Fi. We also collect IP addresses and device identifiers that may provide location information.
- Information We Collect Automatically Through Cookies and Similar Technologies: We use tracking tools like browser cookies and web beacons to automatically collect information about how you interact with our Sites and Services and other websites over time and across devices. We may also have third parties collect information this way. For more information on cookies and similar tracking technology and how they are used and how you can opt out of such use please refer to our .
- Information Imported from Social Networks: When you choose to interact with us through social media your interactions with the social media platforms (“Social Networks”) typically allows the Social Networks to collect information such as “Likes,” profile information gathered from the Social Networks, or the fact that you viewed or interacted with our Services. Social Networks may collect information about you through digital cookies they place on your device and other tracking mechanisms even when you are not directly interacting with their applications. Please review the Social Networks’ privacy policies and choices for sharing information of any Social Network connected to our Services.
- Information We Collect From Other Sources: In order to enhance our ability to provide relevant marketing, offers and services to you, we may obtain information about you from other sources, such as public databases, joint marketing partners, data providers, as well as from other third parties.
- HOW WE USE YOUR INFORMATION
We use the information we collect or receive (alone or in combination):
- to respond to your inquiries and fulfill your requests, such as to provide you access to the Services or products you have ordered, educational workshops, to respond to any inquiry, feedback, or information and materials regarding our products and services.
- to send administrative information to you, for example, invoices, renewal notices, information regarding our Services or Sites, and changes to our terms, conditions, and policies.
- to send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
- to personalize your experience on our Sites by presenting content and offers tailored to you and your interests.
- To process and deliver surveys, sweepstakes, and other promotions and filing as required by law.
- for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and products and Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- for other reasons that we may describe to you at the time of collection.
- HOW WE SHARE YOUR INFORMATION
We may disclose your personal information to the following categories of recipients and for the following reasons:
- Service providers. In order to provide our Services to you, it is necessary for us to disclose your information to contracted third parties and service provider partners who perform certain functions of our Services on our behalf. Examples include cloud hosting providers (to provide data storage and processing services); communications providers (to process new queries and to manage our emails); third party fulfillment providers (to send you products or provide access to our Services).
- Targeted Advertising. We will share your information collected about your visits over time and across our Services and multiple devices and other websites in order to serve targeted advertising to you. For more information on targeted advertising and how to manage your preferences please refer to our Cookie Notice.
- Your User Content. If you choose to submit content (e.g., photos, videos, stories, online reviews, or communications to our editorial staff) (“User Content”), we may publish your name, screen name and other information you have provided to us on our Sites, social media accounts or the websites and social media accounts of affiliated Hurlbut Visuals’ sites. Before we do so we will ask your permission.
- Compliance with laws. We may disclose information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or other legal process (including in response to public authorities to meet national security or law enforcement requirements).
- Consent. We may share your information with any other person with your consent to the disclosure.
- YOUR DATA PROTECTION RIGHTS
- Access to Information. If you are a member you can access, correct, update, and delete personal information you have provided to us by logging into your account and going to the preference center and your contact information. If you are a member and do not want to go into your account or are not a member you can email us at email@example.com, call customer service at 747-999-5321 or write to us at Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505.
- Opting-Out of Marketing Emails. You can opt out of receiving marketing emails from us by clicking the “unsubscribe”. You can also email us at firstname.lastname@example.org, call customer service at 747-999-5321 or write to us at Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. If you choose to no longer receive marketing information from us we may still communicate with you regarding such things as security updates, product functionality, responses to service requests, or other transactional, non-marketing purposes.
- Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. It is important to remember that many of our Services may not function properly if your cookies are disabled. Please refer to our Cookie Notice for more information.
- Browser “Do Not Track” Signals. Some third-party browsers provide “do not track” machine readable signals for websites, which are automatically applied by default. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our Sites or Services may not work. If you block or reject cookies, not all of the tracking described here will stop.
- Interest Based Ads. Please refer to our Cookies Notice for opt out information.
- Control Tools on Your Mobile Devices. There may be controls on your mobile devices such as the ability to turn off GPS locator and other privacy settings.
- Consent. If we have collected and processed your personal information with your consent, then depending on the jurisdiction where you reside and applicable law you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- Timing and Third Parties. We will endeavor to comply with your request for changes as soon as reasonably possible. Unless required by law, we are not responsible for informing third parties with whom we have already shared your information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
- EEA DATA SUBJECTS’ DATA PROTECTION RIGHTS
If you are located in the EEA, you have the following data protection rights:
- Right of Access: If you wish to access your personal information, you can do so at any time by logging into your account or by contacting us at GDPRDataRequest@hurlbutvisuals.com or using the contact details provided in Section 16 below.
- Right to Correction: If you wish to correct or update your personal information, you can do so at any time by logging into your account or by contacting us at GDPRDataRequest@hurlbutvisuals.com or using the contact details provided in Section 16 below.
- Right to Erasure: If you wish to request deletion of your personal information, you can do so at any time by contacting us at GDPRDataRequest@hurlbutvisuals.com or using the contact details provided in Section 16 below.
- Right to Restriction of Processing: In addition, in certain circumstances you can object to processing of your personal information or ask us to restrict processing of your personal information by contacting us at GDPRDataRequest@hurlbutvisuals.com or using the contact details provided in Section 16 below.
- Right to Data Portablity: In certain circumstances you can request portability of your personal information by contacting us at GDPRDataRequest@hurlbutvisuals.com or using the contact details provided in Section 16 below.
- Right to Withdraw Consent: If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- Lodging a Complaint: You have the right to complain to a data protection authority about our collection and use of your personal information. For more information please contact your local data protection authority.
- NEVADA RESIDENTS’ PRIVACY RIGHTS
A Notice to Nevada Residents: If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. Hurlbut Visuals does not sell your personal information for any use. You are entitled to register your preference for limits on such sales in the future by sending an email to NevadaPrivacyRequest@hurlbutvisuals.com, with the subject line, “Nevada Do Not Sell Request” along with your first and last name, zip code, and whether you are a former or current member of any of our Services so that we can match your information to your account.
- THIRD-PARTY LINKS
- HOW WE KEEP YOUR PERSONAL INFORMATION SECURE
We have implemented appropriate physical, technical and administrative safeguards against unauthorized access, use, modification and disclosure of personal information in our custody and control. However, no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so you should take care in deciding what information you send us in this way.
- RETENTION OF YOUR PERSONAL INFORMATION
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to maintain records of fraud, to enforce our agreements or comply with our legal obligations), or in accordance with our standard business practices.
- INTERNATIONAL USERS
The Sites and Services are provided and hosted in the United States. If you are using the Sites or Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, in the United States and other locations. These countries may have data protection laws that are different to the laws of your country. By using the Sites or Services, you consent to the collection, international transfer, storage, and processing of your personal information.
- CHILDREN’S INFORMATION
The Sites and Services are intended for a general audience and is not directed or intended for anyone under 18 years of age. You must be 18 years of age or the age of majority in the jurisdiction where you reside to use the Sites or Services. Any information we receive from people we believe to be under this age will be purged from our database. We do not knowingly collect personal information from children under the age of 18 or have any reasonable grounds to believe that children under the age of 18 are accessing or using our Sites or Services.
- NO RIGHTS OF THIRD PARTIES
- CONTACT US
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
The data controller of your personal information is Hurlbut Visuals, Inc.
Effective Date: October 28, 2019
This Terms of Service (“Terms”) is an agreement between you and Hurlbut Visuals, Inc. (“Hurlbut Visuals”, “us”, “our” or “we”) and sets forth the legally binding terms for your use of our websites https://hurlbutvisuals.com, www.shanehurlbut.com, and http://hurlbutacademy.com (or their subdomains) or any other site which include a link to these Terms (the “Sites”), as well as in connection with any of our sales or educational activities or other services available on our Sites or offline (“Services”).
These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTIONS 16 or 17 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
- Who We Are And Our Services
- Acceptance of Terms
- Account and Contact Information
- Payment and Cancellation Rights
- Your Use of the Sites and Services
- Proprietary Rights
- Digital Millennium Copyright Act Notice (U.S. only)
- Disclaimer of Warranties
- Limitation of Liability
- Your Legal Liability
- California Resident Rights
- Geographic Restrictions
- Changes to Terms of Service
- Third Party Links
- No Rights of Third Parties
- Arbitration / Dispute Resolution for U.S. Residents
- Resolution of Disputes for Non-U.S. Residents
- Contact Us
- WHO WE ARE
Hurlbut Visuals, Inc. is a U.S. based company that provides subscription-based content and educational programs and other related services.
- ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Sites and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services or become a member and by registering with us you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.
Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
- ACCOUNT AND CONTACT INFORMATION
Access to the Sites and Services. You do not need to register as a member in order to access and browse some sections of the Sites or Services, but you may not be able to access all of the features of the Sites or Services unless you register with us and create an account. If you are browsing the Sites or Services and have not yet registered with us your use of the Site or Services will still be subject to these Terms.
Account. You can create an account by submitting the information required (“Hurlbut Visuals Account”). You’ll need to provide a valid email address and a password which you will be required to submit each time you log in. The email address you provide is your username. You must provide accurate, current and complete information during the registration process and keep your Hurlbut Visuals Account up-to-date at all times. Any falsification of any information whatsoever may, at Hurlbut Visuals’ option, result in immediate suspension or termination of your right to use the Services.
Security. If you use our Services you are responsible for restricting access to your Hurlbut Visuals Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Hurlbut Visuals Account. You further agree to notify Hurlbut Visuals immediately of any unauthorized access to your Hurlbut Visuals Account or unauthorized use of your Account Information or any other security breach by emailing us at email@example.com.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
- PAYMENT AND CANCELATION RIGHTS
Memberships and Purchasing our Products or Services. Please refer to the applicable offer for a description of our products and services such as our memberships in the Hurlbut Academy. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. Descriptions of membership categories and their respective benefits can be found at https://www.hurlbutacademy.com/. Hurlbut Visuals reserves the right to change the fees for its memberships and will provide notice of any increase prior to your being charged.
Hurlbut Academy Membership Credits. Some members may be able to receive Hurlbut Academy Credits that can be applied toward purchasing goods or Services. Click here for more details.
Orders. Any prices displayed on the Sites are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on this Sites are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit. We try to display the image of the products available on our Sites, including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged. The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
No Binding Offer. Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of merchandise, products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information. When you provide payment information (“Billing Information”) to Hurlbut Visuals or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Hurlbut Visuals to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Hurlbut Visuals does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Hurlbut Visuals reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Hurlbut Visuals cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Hurlbut Visuals if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Cancelation Rights. REGARDLESS OF THE TERMS OF AN OFFER YOU CAN RECEIVE A FULL REFUND FOR ANY MEMBERSHIP IF YOU CONTACT US TO CANCEL WITHIN THE FIRST THREE DAYS AFTER YOU ACCEPT THE OFFER.
How to Cancel Auto-Renewal. You can cancel any membership at any time to avoid future charges, and if available on an offer, you may be entitled to receive a pro rata refund for some annual memberships. To cancel future terms and any corresponding charges go online to your account or contact customer service at firstname.lastname@example.org or by calling 747-999-5321. Unless you cancel, your membership will continue and you and the Payment Method you provided will be charged per the offer you accepted.
Introductory Promotional Offer. If you enrolled for any of our Services under a special introductory offer (for example, a discounted rate or free merchandise) you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer is completed. We reserve the right to limit any introductory offer to one per person/household.
- YOUR USE OF THE SITES AND SERVICES
Posting of User Content. The Services may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos, or other information or content (collectively, “User Content”) with other members or visitors to our Sites. You agree that all such User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms and with the Rules of Conduct set forth herein. You acknowledge and agree that when you post User Content it is available to the public and even if a profile is limited to other members that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others. Hurlbut Visuals has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Hurlbut Visuals specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. HURLBUT VISUALS IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.
- Networking Pages. Hurlbut Visuals provides Hurlbut Academy members a Public Forum for members to post certain personal and professional information for purposes of professional networking (“Public Networking Forum”). You acknowledge and understand that such postings are for professional networking purposes only, are made on your own behalf, and not for use in seeking employment, finding projects or otherwise job hunting. Hurlbut Visuals is not an employment agency. No portion of any fee paid by you to Hurlbut Visuals is applied to or allocated to this Public Networking Forum which is provided for free to members. As the provider of the Public Networking Forum, Hurlbut Visuals does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any posting, and members alone are responsible for their public postings. Only the information provided by a Member on this Public Networking Forum will be posted. You agree that as a condition to using this Public Networking Forum that you the information you provide is accurate and that you will hold us harmless and indemnify us from any and all claims relating to your posting and any interactions you engage in regarding the posting. If we receive any complaints about you or your posting, we reserve the right to take down your posting or terminate your account.
- Gear Listing Pages. The Hurlbut Visuals may make available through a Public Forum a place where you can post your gear and other professional photography equipment (“Gear”) for sale, lease or rental to others (Public Gear Listing Forum”). Hurlbut Visuals is providing this Public Gear Listing Forum for you as a courtesy only and shall have no responsibility whatsoever regarding your use of the Public Gear Listing Forum or any transactions engaged by you. Hurlbut Visuals is not and does not become a party to or other participant in any contractual relationship between Members or users of the Public Gear Listing Forum. You represent and warrant to us that all of the Gear you post (a) is owned entirely by you, (b) is in the state of working order described by you in the listing, and (c) is not subject to any encumbrance, lien or any third party claim. You agree that as a condition to posting any Gear on the Public Gear Listing Forum that you will hold us harmless and indemnify us from any and all claims relating to your posting and any transaction you engage in regarding the listing. If we receive any complaints about you, your listing or your Gear, we reserve the right to take down the listing and/or terminate your account.
Monitoring. Hurlbut Visuals reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. Hurlbut Visuals may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that Hurlbut Visuals has no general obligation to monitor User Content (as hereinafter defined) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to: (i) operate, secure and improve the security of the Sites or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content or user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Hurlbut Visuals, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services (“License”).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and Hurlbut Visuals will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Sites or Services, nor any rights to other User Content or Hurlbut Visuals Content stored by or on behalf of Hurlbut Visuals.
Feedback/Idea Submissions. Hurlbut Visuals does not accept unauthorized idea submissions. Any ideas disclosed to Hurlbut Visuals are not confidential and Hurlbut Visuals may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Hurlbut Visuals with any Feedback, you hereby grant Hurlbut Visuals a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Hurlbut Visuals is not required to make any use of any Feedback that you provide. You agree that if Hurlbut Visuals makes use of your Feedback, Hurlbut Visuals is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Hurlbut Visuals to grant Hurlbut Visuals and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
Termination. Hurlbut Visuals may terminate your access to its Sites or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Hurlbut Visuals, at any time without notice, if, in Hurlbut Visuals’ sole opinion, you have violated any provision of these Terms. Termination will not limit any of Hurlbut Visuals’ rights or remedies at law or in equity.
Data Collection Policy. No party unaffiliated with Hurlbut Visuals may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without our prior express written permission.
Modification to Services. Hurlbut Visuals has the right to modify its Services (and products and services accessible through its Services), and its Sites at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hurlbut Visuals has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made to its Sites or Services, or any policies or practices of Hurlbut Visuals in providing its Services is to cancel your account and/or stop using the Sites or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Hurlbut Visuals and Hurlbut Visuals is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
- PROPRIETARY RIGHTS
Ownership of Content and Marks. The Sites and Services, and all content published on or accessible through the Sites and Services (‘Content”), is owned by Hurlbut Visuals, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Hurlbut Visuals owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Sites, including without limitation to HURLBUT VISUALS, HURLBUT ACADEMY, SHANE HURLBUT, SHANE’S COURSES, SHANE’S STORE, HURLBUT VISUALS BLOG, CINEMATOGRAPHY: MASTERING THE IMAGE, ILLUMINATION EXPERIENCE, ILLUMINATION WORKSHOP MODULES and SHANE’S INNER CIRCLE (“Marks”), are proprietary to Hurlbut Visuals, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Hurlbut Visuals, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Hurlbut Visuals. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or Hurlbut Visuals.
Our Limited License to You.You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Hurlbut Visuals grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites or Services in any way that affects any user’s experience. Hurlbut Visuals and its licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, some content on our Services may be downloadable for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (U.S. Only)
Filing a Complaint. If you are a user in the United States, Hurlbut Visuals has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Sites which allegedly infringes another person’s copyright. We are under no obligation to scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites. If you believe any materials on any Site infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- Identification of the URL of the Site and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work (or works) that was removed by Hurlbut Visuals and the URL of the Site(s) with the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of California if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Hurlbut Visuals, Inc.
4111 W Alameda Avenue, Suite 505
Burbank, CA 91505
Attention: Lydia Hurlbut
- DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ,INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, HURLBUT VISUALS CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. HURLBUT VISUALS MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
- LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services, Content and User Content, and your posting of any User Content remains with you. Neither Hurlbut Visuals nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hurlbut Visuals has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Hurlbut Visuals’ aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services, exceed the amounts you have paid to Hurlbut Visuals in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hurlbut Visuals and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- YOUR LEGAL LIABILITY
You agree to defend, indemnify and hold harmless Hurlbut Visuals and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms.
- CALIFORNIA RESIDENTS RIGHTS
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- GEOGRAPHIC RESTRICTIONS
Hurlbut Visuals will provide the Sites and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Sites or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Sites or Services.
- CHANGES TO TERMS OF SERVICE
Hurlbut Visuals will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Service update on the Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.
- THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Sites or Services. Because Hurlbut Visuals has no control over such websites or mobile applications you acknowledge and agree Hurlbut Visuals is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Hurlbut Visuals endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
- ARBITRATION / DISPUTE RESOLUTION FOR U.S. RESIDENTS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Hurlbut Visuals (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND Hurlbut Visuals EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO HURLBUT VISUALS’ INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND HURLBUT VISUALS EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.
Class Action Waiver. YOU AND HURLBUT VISUALS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (“Notice”). All Notices to Hurlbut Visuals must be sent to the following address: Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Hurlbut Visuals may commence an arbitration proceeding. Unless otherwise agreed to by you and Hurlbut Visuals in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Hurlbut Visuals agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of California, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception to Arbitration. Only disputes or actions pertaining to Hurlbut Visuals’ intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
- DISPUTE RESOLUTION NON-U.S. RESIDENTS
In the event of any dispute you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at firstname.lastname@example.org or to Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. For a period of 60 days from the date of receipt of notice from the other party, Hurlbut Visuals and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Hurlbut Visuals to resolve the dispute on terms either you or Hurlbut Visuals, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
If your country of residence or establishment is outside the U.S., these Terms will be governed by and interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law does not impact your rights as a consumer according to the consumer protection laws of your country of residence. If you are a consumer, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the English courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
If you have any comments, queries or complaints about these Terms or our Services, please contact us at email@example.com.
- NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms, and policies incorporated herein, are the entire agreement between you and Hurlbut Visuals. They supersede any and all prior or contemporaneous agreements between you and Hurlbut Visuals relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution For U.S. Residents, Dispute Resolution Non-U.S. Residents, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Hurlbut Visuals Account or this agreement to any third party without Hurlbut Visuals’ prior written permission. Hurlbut Visuals may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Hurlbut Visuals to partially or fully exercise any rights or the waiver of Hurlbut Visuals to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Hurlbut Visuals or be deemed a waiver by Hurlbut Visuals of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hurlbut Visuals under these Terms and any other applicable agreement between you and Hurlbut Visuals shall be cumulative, and the exercise of any such right or remedy shall not limit Hurlbut Visuals’ right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
- CONTACT US.
Please email us at firstname.lastname@example.org, or contact customer service by phone at 747-999-5321 or write to us at Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505 if you have any questions about these Terms.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
Last updated: 10/29/19
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
We use both “session ID cookies” and “persistent cookies”. Session ID cookies are used to store information while a user is logged into the Services and expire when the user closes his/her browser. Persistent cookie are used to make tasks like logging into the Services easier for returning users by remembering a user’s login information. Persistent cookies stay on a user’s hard drive from one session to the next.
Cookies set by the website owner (in this case, Hurlbut Visuals) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Sites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Sites, collect information for record keeping purposes and to make it easier to navigate the Services. Third parties serve cookies through our Sites for advertising, analytics and other purposes. This is described in more detail below.
The specific types of first and third party cookies served through our Sites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Site you visit):
|Types of cookie||Who serves these cookies||How to refuse|
|Essential website cookies: These cookies are strictly necessary to provide you with services available through our Sites and to use some of its features, such as access to secure areas. We use these for system administration, to prevent fraudulent activity, to improve security or to allow you to make use of our Services.||Hurlbut Academy (www.hurlbutacademy.com), Hurlbut Visuals (www.hurlbutvisuals.com), BuddyPress (https://buddypress.org), Cloudflare (www.cloudflare.com), Floatton by Phpbits (http://floatton.com), Mail Chimp (www.mailchimp.com), Member Press (www.memberpress.com), Paypal (www.paypal.com), Stripe www.stripe.com), Vimeo (www.vimeo.com), WooCommerce www.woocommerce.com), WP Engine (www.wpengine.com), WP-Optimize – Clean, Compress, Cache (https://wordpress.org/plugins/wp-optimize), WPBakery Page Builder (https://wpbakery.com), WPMU DEV Dashboard (https://premium.wpmudev.org/), Yoast SEO (www.yoast.com)||Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.|
|Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Sites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.||LearnDashLMS (www.learndash.com)||To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”Alternatively, please click on the relevant opt-out link below:|
|Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Sites are being used or how effective are marketing campaigns are, or to help us customise our Sites for you.We may use these cookies to assess the performance of our Services, including as part of our analytic practices to improve content offered through the services. We also use this information to tell us if you have visited the Sites before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.||Hurlbut Academy (www.hurlbutacademy.com) Hurlbut Visuals, Inc. (www.hurlbutvisuals.com), Google Analytics (https://analytics.google.com), Hootsuite (www.hootsuite.com), Quantcast (https://www.quantcast.com/), Survey Monkey (www.surveymonkey.com), Wufoo (www.wufoo.com)||To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”Alternatively, please click on the relevant opt-out link below:
Google Analytics: https://myaccount.google.com/data-and-personalization?pli=1
Survey Monkey: https://help.surveymonkey.com/articles/en_US/kb/opt-out
|Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.We may use these to deliver content, including advertisements relevant to your interests on the Services and third party sites based on how you interact with our advertisements or content, as well as to track the content you access.||Hootsuite (www.hootsuite.com)AdRoll (www.adroll.com)
Amazon Web Services https://aws.amazon.com
Google Ads https://ads.google.com
|To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”Alternatively, please click on the relevant opt-out link below:
Hootsuite : https://hootsuite.com/legal/cookies
Amazon Web Services : https://www.amazon.com/adprefs?app=1p
Google Ads : https://adssettings.google.com/authenticated?hl=en
|Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.||FaceBook (www.facebook.com)||To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”Alternatively, please click on the relevant opt-out link below:
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Sites or opened an e-mail that we have sent them. This allows us, for example, to count visitors, to monitor how users navigate the Services, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
We use HTML5 in some of our applications, including in our mobile website for the iPhone or iPad. HTML5 has browser web storage that does not rely on traditional browser cookies. HTML5 cookies are not stored in a browser “cookies” file and can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
An embedded script is programming code that is designed to collect information about your interactions with the Services such as the links you click on. The code is temporarily downloaded onto your device used to access Services from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
E-tags/cache browsers/web logs
Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the internet) and device identification in order to improve security, analyse trends and administer the Services. We may track your movement within the Services, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the internet address from which you linked to our Services, the operating system of your computer, the unique IP address of the computer of device identification from the mobile device that you used to access our Services and usage and browsing habits. We use this information in to gauge the effectiveness, usage, and popularity of our Services, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyse trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
Do you serve targeted advertising?
We may use Tracking Technologies to collect information about your use of the Services and other third party websites in order to serve more targeted advertising to you. To serve our ads, we use a variety of third party advertising service providers, including networks, data exchanges, ad servers, analytics providers and others. These third parties may use Tracking Technologies to send directly to your Device the advertisements and links that appear on the Services. They automatically receive your Device identifier when this happens. Their tools may also limit the number of times you see the same advert and help measure the effectiveness of our advertising campaigns.
These third parties may also use information gathered from your use of the Services to serve targeted, interest based advertisements to you on third party websites and applications. Third parties may serve cookies or Tracking Technologies on your computer or mobile device to serve advertising through our Sites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.
Some of the advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt-out of ad targeting from member companies. If you opt out of receiving targeted ads in this manner, you will continue to receive advertising messages, but they will not be customized to you based on your use of the Services and third party sites.
How often will you update this Cookie Notice?
The date at the top of this Cookie Notice indicates when it was last updated.
Where can I get further information?