Inside this page, you will find our Terms and Conditions for using our website, course access, product purchase agreement, and Privacy Policy all clearly labeled.
Terms of Use
Last modified: 10/10/23
Acceptance of the Terms of Use:
These terms of use are entered into by and between You and I and L Photography, LLC DBA Penguin Designing (“Company”, “we” or “us”). Any person accessing or using the website and any associated webpages or functionalities (collectively, the “Website”) is referred to as “You,” or the “User.” The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of www.penguindesigning.com (the “Website”), including any content, functionality and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Lawful purposes
You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Cancellations, Returns & Refunds:
NO RETURNS WILL BE ACCEPTED, UNLESS OTHERWISE STATED IN THE CLIENT CONTRACT.
Material you submit to the Website:
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual property rights to your Materials:
We claim no intellectual property rights over the material you supply to I and L Photography, LLC DBA Penguin Designing. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit remains yours to the extent that you have any legal claims therein. You agree to hold I and L Photography, LLC DBA Penguin Designing harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our intellectual property:
The Website and Service contain intellectual property owned by I and L Photography, LLC DBA Penguin Designing, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
The change of Terms:
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, I and L Photography, LLC DBA Penguin Designing IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF I AND L PHOTOGRAPHY, LLC DBA PENGUIN DESIGNING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL I AND L PHOTOGRAPHY, LLC DBA PENGUIN DESIGNING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM I AND L PHOTOGRAPHY, LLC DBA PENGUIN DESIGNING, AND IF NO PURCHASE HAS BEEN MADE BY YOU I AND L PHOTOGRAPHY LLC DBA PENGUIN DESIGNING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources:
The Website and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with I and L Photography, LLC DBA Penguin Designing. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification:
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Website or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Reliance of information posted:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Artificial Intelligence (“AI”) Disclaimer
Our website and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio. AI technology was used as a tool by Company to supplement, enhance, and make suggestions to Our content, but the thoughts, ideas, opinions, and the finished product is, indeed, wholly human and original to our Company and We maintain copyright ownership over such content. Company was given a non-exclusive license to use such AI-generated content from third-party AI platform(s). You understand and acknowledge that We make no guarantee as to the accuracy of third-party AI-generated content contained herein and You expressly acknowledge and understand that any information or knowledge You gain as a result of using any AI-generated content on this website is used at Your own risk.
Interpretation:
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Changes to the Website:
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information about you and your visits to the Website:
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website:
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.
Disclaimer of warranties:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information.
Limitation in time to file a claim:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability:
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and, our Privacy Policy constitute the sole and entire agreement between you and I and L Photography, LLC DBA Penguin Designing, with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Course and Product Purchase Agreement
Terms of Use
By purchasing any of my courses and digital products (hereinafter the “Program”), you, the purchaser (hereinafter “Student”) enters an agreement with I and L Photography LLC DBA Penguin Designing (“Company”) and agree to the following terms which are legally bidning whether or not Student have read them:
1. Course Deliverables
The Program is an online course. Company agrees to provide the content as promised on the Program checkout/sales page.
Student will retain access to the Program for the life of the Program, meaning for as long as Company offers and maintains the Program; or for the specific length of time specified in the sales page/checkout. Company will provide Student with at least one month’s notice should Company need to retire the program. It is then Student’s responsibility to download all materials from the Program before the retirement date noted by Company.
2. Privacy Policy
Company’s Privacy Policy is hereby incorporated by reference into this agreement. Student understands that Company will be providing educational content to Student and that Company’s obligations under this Agreement exist only while Student is a paying member of the Program and that Company’s obligations will cease once Student or Company cancels Student’s membership.
Student also understands that Company is not providing one-on-one service on behalf of Student.
3. Payment
In consideration of Student’s access to the Program, Student agrees to pay the stipulated amount in the sales page/checkout. Student hereby authorizes Company to charge Student’s credit card or debit card automatically as part of Student’s payment plan.
4. No Refunds
Company has a strict no refund policy on the Program. Student understands and agrees to this.
5. Cancellation
Student may not cancel their payments for the Program and understands that they are responsible for paying for the Program in full upon registration. Should Student fail to make timely payment, Company may immediately suspend Student’s access to the Program and pursue whatever remedies available to collect the balance owed.
Company may cancel Student’s Program at any time for any reason.
6. Intellectual Property
Company owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in the Program does not transfer any intellectual property rights to Student. Company grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content. Student agrees not to create any derivative works of the content found in the Program.
7. Force Majeure
Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Student with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
9. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
10. Liability
Student agrees to absolve and do hereby absolves Company of any and all liability or loss Student may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. Student agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
11. Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Assignment
Student may not assign this Agreement without express written consent of Company.
13. Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website.
14. Indemnification
Student agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Student’s use of or inability to use the Program and related services, any user postings made by Student, your violation of any terms of this Agreement or your violation of any rights of a third party, or Student’s violation of any applicable laws, rules or regulations.
15. Dispute ResolutionStudent expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Student attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in San Diego, CA.
Privacy Policy
By visiting this website through penguindesiging.iandlphotography.com or penguindesigning.com you agree to this privacy policy.
Overview
I and L Photography, LLC DBA Penguin Designing (“Company,” “we,” or “us”) is committed to protecting your privacy online. This Privacy Policy (“Policy”) describes the information we collect through this website (the “Website”), and how we collect and use that information.
This policy applies to information that is collected:
Through this Website, for example, via contact forms.
In e-mail, text and other electronic exchanges between you and this Website.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries, if any).
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is to refrain from using our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check the policy periodically for updates.
Information we collect
We want to process as little personal information as possible when you use our website. That’s why we’ve chosen Fathom Analytics for our website analytics, which doesn’t use cookies and complies with the GDPR, ePrivacy (including PECR), COPPA and CCPA. Using this privacy-friendly website analytics software, your IP address is only briefly processed, and we (running this website) have no way of identifying you. As per the CCPA, your personal information is de-identified. You can read more about this on Fathom Analytics’ website.
The purpose of us using this software is to understand our website traffic in the most privacy-friendly way possible so that we can continually improve our website and business. The lawful basis as per the GDPR is “Article 6(1)(f); where our legitimate interests are to improve our website and business continually.” As per the explanation, no personal data is stored over time.
Heat Map Tracking
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, e-mail address, telephone number, and your website information (“personal information”); about your Internet connection, the equipment you use to access our Website and usage details.
This information is collected:
- When you directly provide it to us via a form or transaction.
We process personal information about individuals that are our direct customers. We collect personal information about you when you voluntarily submit information directly to us when you access our Website. This can include information you provide when you register for an account, fill in a form, mskr a purchase, correspond with us via the Website, phone, email, subscribe to our mailing lists, newsletters or other forms of marketing communications.
- Automatically, via data analytics technologies, as you navigate through the site.
Information collected automatically may include usage details, IP addresses (processed during your session and stored in a de-identified form) and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners.
You also may provide information, photos and graphics to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share information. Therefore, we cannot and do not guarantee that your information will not be viewed by unauthorized persons if you choose to share this information publicly or with other Users.
“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Web Beacons. Pages of our Website, and some of our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages, or opened an e-mail, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How is your information used:
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To provide you with newsletters to which you have subscribed.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
The disclosure of your information:
We may disclose aggregated, anonymous, and/or non-identifying information about our users without restriction. However, we do not, and will not, share personally identifiable information with third-parties, except in the following limited circumstances:
- To fulfil the purpose for which you provide it.
- To comply with any court order, law or legal process, including responding to any government or regulatory request.
- To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
Data security:
The safety and security of your information also depends on you. We urge you to be careful about giving out information in public areas of the Website like message boards or comment sections. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to our Privacy Policy:
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on this page.
CONTACT INFORMATION:
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
hello@penguindesigning.com
