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Terms and Conditions
MEMBERSHIP TERMS, PAYMENTS AND PROVISIONS
  Access: PhotoManhattan Inc (“PhotoManhattan”) is a private art studio for adults. We provide access to members for the purpose of creating art. By executing this agreement and upon presentation of photo ID and payment of a key-code fee, the Member will receive a key-code. The key-code provides access to use the facility during the Member’s scheduled studio time. The key-code remain the property of PhotoManhattan and must be returned upon Membership Cancellation, Termination, or Expiration. Failure to return the key-code will result in a $20 charge.

Membership: Membership entitles the member (the “Member”, “me” or “I”) to use PhotoManhattan's premises (the “Studio”) on the times and dates and for the duration of hours specified at the time of Membership Enrollment, while membership is active and not suspended. I understand that changes in schedules - on a daily, weekly or monthly basis - will not be possible under an active membership. I understand that to change the scheduled times and dates of the Studio I must cancel my current membership and initiate a new enrollment. I understand that from time to time PhotoManhattan may offer workshops or other classes that are completely separate from my membership, and if I wish to attend I will pay a separate admission fee to attend.

Billing: I understand and agree that once per month, beginning on the membership start date, I will be charged the agreed amount using my saved credit/debit card for this membership package. I will be charged this amount one timer per month until I cancel my membership in accordance with the below policy. I understand that I will be notified if my payment fails to authorize for any reason, and that a $20 late fee will apply if I do not provide a valid credit or debit card within ten (10) calendar days of the original rejection date.

Membership Term: The period covered by the first month’s fees, as well as any additional days of Membership for which payment is received, is considered the “Paid Period” of the Month‐to-Month Membership. The “Paid Period” is the term of the Month‐to‐Month Membership.

Membership Fees Increase: PhotoManhattan reserves the right to increase the monthly fees either twice per calendar year or upon the 7th month of membership. Unless the Member is provided with a thirty (30) day notice, such increases shall not exceed 3% per month. PhotoManhattan has the right to add to the monthly membership fees of any tax imposed by the government.

Enrollment Fee: The Member or Buyer is required to pay a nonrefundable enrollment fee as a requirement of the Month-­‐ to-­‐Month Membership. As long as the membership is maintained in good standing the enrollment fee will be charged only once during the term of the membership. The enrollment fee may change from time to time at the discretion of PhotoManhattan.

Change in Billing Information: To avoid a nonpayment of Billing and associated incidental service charges, any change in billing information must be provided to PhotoManhattan fifteen (15) days prior to the next payment date.

Unpaid Balances: Outstanding balances past thirty (30) days are subject to membership suspension and a service charge of $35 for each month overdue. Any cost for collections incurred by PhotoManhattan will be added to the member’s outstanding balance. Upon termination or cancellation of membership, any unpaid balance for services, membership fees, or merchandise will become immediately due. PhotoManhattan reserves the right to charge past due balances and related charges to my account. Member’s Payment Obligation: I shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of my failure to use the PhotoManhattan facilities. Fees are for the period stated in the Agreement.

Damage Deposits: In some cases, a damage deposit might be required. Damage deposits will be used a security for any damage caused by the Member to the premises, including but not limited to damage caused by failure to abide by all Studio rules and regulations, conditions and provisions contained within this agreement or promulgated in any manner. Damage deposit shall be returned to Member, without interest, and less any set off for damages to the Premises within 30 days after the termination of the rental membership.


MEMBERSHIP CANCELLATION

Member Five (5) Day Right to Cancel: I may cancel this agreement at any time prior to the midnight of the fifth business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, the Member must mail or deliver a signed and dated notice, which states that the Member is canceling this agreement, or words of similar effect. The notice shall be sent or delivered either in person or by U.S. certified mail to: PhotoManhattan Inc, 51 West 14TH ST, Suite 3R, New York, NY 10011 or by e-mail to [email protected]. Upon cancellation, all payments will be refunded within thirty (30) days after PhotoManhattan receives proper notice of the cancellation, less any payment for Studio access (based upon daily visit rate) or services that the member received prior to cancellation. If I have not exercised my Five (5) Day Right to Cancel, then I have agreed to and am bound by the terms and conditions of this Membership Agreement. Cancellation of Month-to‐Month Membership An initial payment is required to establish the Month‐to-Month Membership. The Month-to-Month Membership may be cancelled after PhotoManhattan has received this first payment. Cancellation requires Written Notice at least fifteen (15) Days prior to the next payment date. Payment Authorization will remain in full effect until PhotoManhattan receives proper notification. Written Notice must be delivered either in person or by U.S. certified mail to: PhotoManhattan Inc, 51 West 14TH ST, Suite 3R, New York, NY 10011 or by e-mail to [email protected]. Faxes and phone calls are not an acceptable means of notification. I must pay in full any outstanding monies due. I may continue to use the facility during the Paid Period as the membership ends at the conclusion of the Paid Period. I must return all membership access devices (keys, codes, and locks). Once the membership is cancelled, an enrollment fee must be paid again should I wish to rejoin the Studio.

Late Cancellation and Billing Errors: No refund of monthly fees will be paid if I cancel after the deadline (15 days prior to the billing date). It is my sole responsibility to observe proper cancellation procedures. Termination of membership will be effective at the conclusion of the Paid Period. The Member may continue to use the facility during the Paid Period. Should a billing error occur, PhotoManhattan would provide a refund with an authoritative WRITTEN proof of cancellation, i.e., certified mail receipt and a copy of cancellation, or a studio generated a confirmation of cancellation. It is the Member’s responsibility to retain records until his/her bank statement has confirmed the cancellation.

Cancellation by Studio: PhotoManhattan reserves the right to cancel this Membership Agreement and terminate any membership rights associated therewith for any violation by the Member of the provisions set forth within this Agreement, or as promulgated in the Studio or on its website, or of which Member has been verbally notified, including but not limited to: (a) failure to make payments of monies when due, (b) consistent failure to observe Rules and Regulations, (c) behavior that is contrary to the best interests of other Members or Guests. Upon cancellation, I must return all membership access devices (keys, code, and locks). Any outstanding monies will be immediately due and payable (see Unpaid Balances).

Member Death or Disability: If the Member is unable to use the facilities because of death or disability, the Member or Member’s representative may cancel this Agreement. Reasonable verification in writing must be provided. No further payments are required, and upon request, a prorated portion of any prepaid amount will be refunded to the Member or Member’s representative.

Studio Relocation or Closure: Should this location close and not offer an alternative location substantially similar and within one (1) mile, the Member’s membership will be cancelled. Member shall be relieved of the obligation of making payments for services other than those received prior to the relocation or closure. If the Member has prepaid any sum for services that are not received prior to the relocation or closure, the unused portion shall be refunded to the Member.

Pre-Opening Memberships: If the Member has purchased a membership prior to the Studio opening and the Studio has not provided the agreed upon services within two (2) months of the date of this Agreement, the Member may cancel their membership and receive a refund. If the Studio does open, but after two (2) months of the date of this agreement, the Member may still cancel, but must do so within fifteen (15) days of the date that the Studio opens for business, excluding Sundays and holidays. To cancel this agreement, the Member must mail or deliver a signed and dated notice, which states that the Member is canceling this agreement or words of similar effect. Written Notice must be delivered either in person or by U.S. certified mail to: PhotoManhattan Inc, 151 West 14TH ST, Suite 3R, New York, NY 10011 or by e-mail to [email protected]. Upon cancellation, all payments will be refunded within fifteen (15) days after PhotoManhattan receives notice of the cancellation.


MEMBER RISK

Assumption of Risk: In consideration of Member participating in the activities and use of the facilities offered by PhotoManhattan, Member knowingly and freely assumes the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities.

Unsupervised Art Studio: Member acknowledges that PhotoManhattan is an unsupervised art studio. Member assumes all risks associated with using equipment alone without the presence or supervision of studio staff.

Release of Liability and Hold Harmless: Except for those claims based upon willful misconduct or gross negligence, Member agrees, to the fullest extent allowed by law, to fully release, discharge, indemnify, defend, and hold harmless, PhotoManhattan, its owners, officers, directors, shareholders, employees, agents, lessors of premises and equipment, and affiliates (“Releasees”), and to assume responsibility for any and all present and future claims or demands resulting in injury, death or property damage, whether caused by the negligence of Releasees or otherwise, while Member is in, or about the PhotoManhattan premises or the building in which it is located, or any facilities or equipment, or taking part in any activities associated with the Studio, but outside the Studio. Member understands that the Studio is relying upon the Member’s acceptance of this Release of Liability and Hold Harmless provision in agreeing to enter into this Membership Agreement with Member.

Damage to Property or Loss of Property: PhotoManhattan will not be responsible for the loss, theft, disappearance, or damage to any personal property, including art, art supplies, money, negotiable securities or jewelry belonging to Member. MEMBERS ARE STRONGLY ENCOURAGED TO LEAVE VALUABLES AT HOME OR TO KEEP THEM ON THEIR PERSON AT ALL TIMES. AND MEMBERS ARE ENCOURAGE TO CARRY PROFESSIONAL INSURANCE.

Damage Deposits refunds and conditions: Damage deposits Refunds will be subject to PhotoManhattan's satisfaction that the condition of the Premises is substantially the same or better than the conditions in which the Studio was given to the Member and that all responsibilities outlined in this agreement have been fulfilled. PhotoManhattan has the right to subtract from the damage deposit the cost of any damage caused by the member to the Premises, including but not limited to the following items: (1) the cost of repairing any damage to the Premises and/or furniture that is caused by the Member or Member's Guests, during their use of the Premises; and (2) the replacement value of any items taken from the Premises by the Member, or Member's Guest/s. Member shall be notified in writing of any amounts subtracted from the security deposit. Member will be responsible for any rent, repairing, replacement and/or utility cost amount that is over and above the damage deposit.

GENERAL STUDIO RULES, REGULATIONS, CONDITIONS AND PROVISIONS

Member agrees to abide by all Studio rules and regulations and consents to the conditions and provisions contained within this agreement or promulgated in any manner. PhotoManhattan may impose or change any of these rules, regulations, conditions, and provisions at any time at its reasonable discretion.

Studio Entry: During Hours of operation the Member must present their ID for check-in at the Studio's front desk. The Member is prohibited from accessing the Studio at any time without presenting their ID. Studio use and all membership privileges are personal to the Member on an individual basis and may not be transferred to any other person under any circumstances, including: Studio access, storage, and Wi‐Fi. Except as provided below with respect to Guest Use, the Member must not allow any other person access to the studio through the use of the Member’s key, code or otherwise. Doing so may result in immediate membership suspension or cancellation, with any outstanding membership balance immediately due and payable. Member should not share the key-code with anyone under any circumstances. Member will be made responsible for any and all damages incurred by unauthorized disclosure and/or sharing of his/her key-code, and Member may be charged an administrative fee of up to $100. If Member has reason to believe that his/her's key-code has been shared or compromised, Member must alert studio management immediately to have the door code deactivated and a new one issued. The key-code replacement fee is $20.

Guest Use: A Member may bring a Guest only after notifying PhotoManhattan Studios in writing. Providing a Guest with access at any other time may result in membership suspension or cancellation, with any outstanding membership balance immediately due and payable. Additionally, the Member may be charged an administrative fee of up to $250. The Guest must agree to the Guest Agreement upon each studio visit and comply with all studio rules, regulations, conditions, and provisions. Guests must be attended by Member at all times and are not permitted to use studio facilities or equipment. PhotoManhattan reserves the right to exclude any Guest from the Studio if the Guest’s presence, in the sole opinion of PhotoManhattan, would be detrimental to the use and enjoyment of PhotoManhattan by other Members and Guests. Members are responsible for the actions of their Guests. Guests will be required to present ID.

Member and Guest Conduct: Members and their Guests shall be subject to the control of PhotoManhattan staff and must follow the instructions of the staff while in PhotoManhattan. Members and their Guests agree to conduct themselves in a quiet and well‐mannered fashion so as not to cause any disturbances that would interfere with the use and enjoyment of PhotoManhattan by other Members and Guests. Under no circumstance shall Member or Guest use foul, loud, or slanderous language, or harass, molest, badger, or solicit other Members or Guests.

Equipment Use: Members and their Guests must return all accessories or equipment to their proper location after use.

Lingering: PhotoManhattan facilities are for the express purpose of creating art. Members may not to linger in the Studio beyond their scheduled studio time.

Cameras and Cell Phones: Cell phones must have ringers turned off. Calls should be taken outside the studio/facility or kept very brief and discrete. Member and Guest must make every effort to minimize the impact of their cell phone use while in the studio. Loud phone conversations are strongly discouraged and may result in Member’s/Guest’s exclusion from the facility, at the sole discretion of management. Members and their Guests shall not take photos or videos in any form within the Studio, including but not limited to those taken by phones without written permission.

Surveillance and Security: Be advised that the Studio is under surveillance 24 hours a day. The video record of Studio entry and Member use of the facilities will be retained by PhotoManhattan for scrutiny. Members are responsible for operation of panic alarms and agree to use them only in case of emergency.

Pets and Bikes: No Pets (service animals excluded) in the Studio or in the building in which it is located. Do not leave dogs tied up outside. Bikes are restricted to outside storage.

Storage of Personal Belongings and Locker Usage: All members will be assigned a personal, lockable, storage locker. Personal belongings must be stored in lockers when not in use and are not allowed on the studio floor. PhotoManhattan is not liable for the loss or damage of any item left in the lockers. After notification of membership cancellation is provided in writing, members remove all personal articles from their locker by the last day of their membership term, after which, PhotoManhattan will be entitled to retain or dispose of any such property, and I hereby waive any claims or demands regarding such property.

Age Requirements: Members and their Guests must be 18 years of age. However, a Member may bring a minor child who is at least 13 years of age as a Guest, as long as the Member is the legal guardian of the minor child and pending a written waver signed by PhotoManhattan and the Member upon each guest visit. The minor child must be under direct supervision of their parent/legal guardian at all times. All Guest visits are restricted as defined in Guest Use section of this agreement.

Right to Change Hours and Facilities: At its sole discretion and without notice, PhotoManhattan reserves the right to alter or amend staffed hours of operation, make changes to the physical facilities, change equipment, alter, amend or eliminate programs and activities, and temporarily close the Studio or any part of it while repairs, renovations or maintenance take place. PhotoManhattan will make every effort to minimize any disruption to members during these periods. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges.

Material Changes and Extended Interruption of Service: Member may cancel this Agreement if PhotoManhattan materially changes the services promised as part of the initial contract. If this period of interruption extends beyond one year, a Member’s obligations will be suspended.

Right to Modify Membership Fees, Terms, and Programs: PhotoManhattan reserves the right to alter or amend the terms of any or all of its membership programs, including but not limited to pricing, monthly fees, limited-­‐use and full-­‐use membership times (if applicable), rules, regulations, policies, reciprocity of use between PhotoManhattan (if applicable), Membership privileges, or other special membership privileges.

Right to use Member’s Work: By becoming a Member, you understand, agree, and consent to PhotoManhattan’s perpetual use of any artwork created in the Studio for marketing purposes, which may include republishing such content in a variety of print and digital mediums. At PhotoManhattan’s discretion, the Member’s name may accompany such use of such images. By becoming a Member, you further understand and agree that you are responsible for the consequences of posting or publishing such images. You further affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize PhotoManhattan to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights (“IP”) in and to any and all images to permit use of such images in the manner contemplated by this contract. PhotoManhattan Studios does not permit infringement of IP rights on its websites; PhotoManhattan will block and/or remove all images from websites it controls if properly notified that such images infringe on another’s IP or other right(s).

Membership Agreement, Membership Information and Correspondence: The Member hereby acknowledges that an essential aspect of PhotoManhattan business operations is its reliance upon a paperless enrollment process. Consequently, PhotoManhattan is highly dependent upon e‐mail and therefore the accuracy of the member’s e‐mail address. Member hereby consents to delivery of all documents relating to membership, including without limitation this Membership Agreement, via e-mail. Any e-mail correspondence initiated by PhotoManhattan will be deemed as received by the Member one day after it is sent. Any mail correspondence initiated by PhotoManhattan will be deemed as received by the Member within five (5) days of mailing. It is the responsibility of the Member to ensure e-mail receipt of their Membership Agreement or membership related information AND to promptly notify PhotoManhattan in writing of any changes in e-mail address, mailing address, telephone, and billing information.

Member Contact by Phone: Member consents to receive telephone calls, including automated telephone calls, from or on behalf of PhotoManhattan concerning membership matters, including, without limitation, billing notifications, Studio closures, and special events. Telephone notifications will be placed to the telephone number then on file at PhotoManhattan, and the Member assumes responsibility for any charges placed on the calls by the Member's telephone services provider.

Refunds: Unless otherwise stated, any approved refund will be made within thirty (30) business days from the date of request.

No Discrimination: PhotoManhattan will not discriminate against a person because of sex, race, creed, age, color, national origin, sexual orientation, or ancestry in considering an application for membership.

Entire Agreement: The Member acknowledges that neither PhotoManhattan, nor anyone else made any representations or promises upon which the Member relied that are not stated in this Agreement. PhotoManhattan employees are not authorized to make any changes written and/or verbal, additions, or modifications to this Agreement. This Agreement, these Terms and Conditions, and all rules and regulations of PhotoManhattan, as revised from time to time, constitute the entire and exclusive Agreement between the Member and PhotoManhattan and replaces any prior agreement, promise, and/or representations whether oral or written. This Membership Agreement shall be interpreted under the laws of the State of New York. It is mutually agreed by and between PhotoManhattan and Member that they both hereby waive trial by jury in any action proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of, or in any way connected with this Agreement, Member’s use of the Studio, and/or PhotoManhattan’s use of Member’s IP. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If PhotoManhattan does not enforce any right in the agreement for any reason, PhotoManhattan does not waive its right to enforce it later. In the event of any litigation arising out of this agreement the prevailing party shall be entitled to recover legal fees.

BY PURCHASE OF MONTHLY MEMBERSHIP, THE MEMBER WARRANTS THAT HE/SHE AGREES TO ALL CONDITIONS OF THIS MEMBERSHIP AGREEMENT.



PAYMENT POLICY
 

We have a 24 hour notice no-questions asked refund policy

If you believe you are unable to commit to your booking, please notify us within 24 hours and we'll issue an immediate refund. For any other case please view below.


Course Registration
The registration deposit serves to reserve a space in a course. The balance is due on the first day of class. Or you can choose to pay the full fee at once.
In case of absence to the first class, we'll hand out the course material so that you can review the material and join on the second class. (provided course has been paid in full). Or you can request a make up class.
Make up classes: we offer one free make up class per student. Class will take place in any available ongoing course. (we cannot guarantee specific days and times).
Note: The syllabi that we hand out for free for your course has the material and list of assignments for each class. Should you be unable to attend both the original class and the make up class, please use your syllabi to review the material, and complete the assignments so that they can be reviewed next class.

Schedule Options
The options below are prepared specifically to provide a chance for students who can't commit to a full duration of a course:
* "Pay Per Class" plan: This is a program through which you can pay per class. No presence no charge.
* Short versions of each course: We offer the 4 week or 5 week versions that are available once or twice weekly. They'll be listed under each course.

Getting to know us
If you don't already know us and want to test a few classes, that's easy: we have scheduled open houses since 2003 for this specific purpose. Below are the options:
* Free monthly seminars, These are real classes where you can see the teaching style and quality of the content of each session.
* Exhibitions: they are available and open to the public 3-7 times per month (except in early January). This is a great way for you to view the quality of the work of current students and meet and speak directly with our students and instructors.
* Sit-in on any class: If the options above are unavailable, you can sit in on any ongoing classes. We generally have introductory sessions going on every weeknight and on Saturdays. Just call us a few hours earlier so we can ensure there is a free seat before coming in.

Assigned instructors
In cases when an instructor becomes suddenly available, courses will be assigned a different instructor than that stated online.

In case of discontinuation by Student After Full Payment:
PhotoManhattan may, at it's sole discretion, offer to transfer up to 40% of the amount paid towards a new course if and when the reasons for discontinuation are considered an emergency or health related issue.
For this offer to be considered, student must submit such request no later than on the 2nd class of the original course.
Offers will be made on a case by case basis. Credit amount will be determined based on each individual circumstance. Credits are a courtesy only and are not guaranteed at any time.
The remaining balance of the course fee, thereafter, must be paid in full at the time of switch into the new courses.
NOTE: Credits, discounts, and special arrangements will be granted ONLY one time per individual. No discounts are available for Darkroom and Studio courses.

To process a switch request please use our Switch form.

Course Cancellation by PhotoManhattan
Should a course need to be cancelled, PhotoManhattan will offer students a full refund of the amount paid OR a full credit towards a new course, within 4 weeks of the cancelled course start date. If the student chooses to use the credit towards a new course, PhotoManhattan's policy will then apply.

Deposits - General
While full fee payments are sometimes credited as explained above, deposits on any service, on the other hand, are non-refundable and non-creditable. This is because the purpose of the deposit is to secure seats, resources or instructors for particular times and days during which they'll will have become unavailable to other awaiting students. When you cancel your appointment, many times staff members still have to be compensated for that booking. Other times, the resources will have become unavailable to the public based on the minimum booking time frame of our system. While we'll refund bookings made in error when you notify us within 24 hours, we are unable to issue any other credits on deposits unless if the reason for the cancellation is of an emergency or health related nature.

Gift certificates
Gift certificates are thoroughly regulated by law. In the state of NY, gift certificates never expire and cannot be returned for cash. View full details at our Gift certificate page terms and conditions.

Limitations of Liability
By registering for any class, the student agrees to defend, indemnify, and hold harmless PhotoManhattan from and against any action, suit, claim, damages, liability, costs and expenses (including reasonable attorneys’ fees), arising out of or related to the use, distribution, or other exploitation (including but not limited to the distortion or modification in any way), at any time by any party of any photographs, or any part thereof, or reproduction thereof of models, other students, instructors, or otherwise taken by the student on PhotoManhattan’s premises or in connection with the class or this website.

Privacy
PhotoManhattan reserves the right of admission to it's facilities for any events, classes or services (including but not limited to courses, rentals and exhibitions), for any reasons and at PhotoManhattan's sole discretion.


Rewards program
 

My Rewards Terms & Conditions

Overview

When you enroll in the MyRewards ("Program"), you agree to be bound by these Program Terms and Conditions. PhotoManhattan reserves the right at any time and from time to time, without notice, to add to, remove from, change or terminate the Program; for example, PhotoManhattan may change the Program benefits, MyReward credit levels, Program affiliations or redemption offers at any time without notice. Participants are responsible for accessing these sites in order to keep informed of Program features applicable to Participants' rights and responsibilities with regard to the Program. For questions regarding the Program, Participants may also call 1-212-929-3302 (12:00 pm to 6:00 p.m (Eastern Time Zone), Monday through Thursday).

MyReward credits accrue and may be redeemed in accordance with these Program Terms and Conditions. PhotoManhattan may further restrict the Program based on your place of residence.

When you obtain MyReward credits, you have obtained a limited license from PhotoManhattan as described in the these Program Terms and Conditions. Accrued MyReward credits are not your property. MyReward credits are not transferable under any conditions, including upon a Participant's death, as part of a domestic relations matter, or in any other matter, and any purported transfer or exchange of MyReward credits is null and void. Accrued MyReward credits may not be combined with any other Program Participant's MyReward credits. All accrued MyReward credits will be forfeited upon your withdrawal from or termination of the Program.

MyReward credits have no MONETARY value and may not be combined with any other offer, discount, coupon or promotion. MYREWARDS CREDITS CAN NEVER BE CONVERTED TO CASH OR REFUNDED, EVEN UPON CANCELLATION OF YOUR ACCOUNT BY YOU OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT BY US.

To the fullest extent allowed by law, PhotoManhattan retains ownership rights in any and all MyReward credits and grants you a limited, non-exclusive, non-transferable license to use MyReward credits only as specifically designated by PhotoManhattan as part of the Program. In the event that your account is cancelled or terminated by you or by PhotoManhattan for any reason, then you will no longer have the right to use any MyReward credits stored in or otherwise associated with your account, without any compensation to you or any liability of PhotoManhattan. Once MyReward credits are deleted from your account, they will not be reinstated, except at PhotoManhattan's sole discretion. Your only recourse and rights, if any, with respect to MyReward credits obtained by you is to redeem such MyReward credits in accordance with these Program Terms and Conditions pursuant to eligible redemption offers as specifically designated by PhotoManhattan from time to time in PhotoManhattan's sole discretion.

You are encouraged to redeem MyReward credits stored in your account. PhotoManhattan reserves the right, at any time and for any reason, to terminate the Program or to otherwise cease to allow any and all uses of MyReward credits previously permitted. In such cases, PhotoManhattan generally will attempt to provide advance notice to Participants and an opportunity for Participants to redeem then-existing MyReward credits for eligible offers, as designated at such time by PhotoManhattan in its sole discretion; however, PhotoManhattan makes no guarantee there will be any such redemption offers available at such time.

The availability of any feature or aspect of the Program cannot be guaranteed.The existence of a particular offer available for redemption of MyReward credits is not a commitment by PhotoManhattan to maintain or continue to make such offers in the future. MyReward credits required for any redemption offer may increase at any time. The scope, variety and type of offers that may be available for redemption of MyReward credits can change at any time. PhotoManhattan has no obligation to continue making offers available for redemption of MyReward credits. In addition, we may limit your use MyReward credits stored in your account, including applying limits to: the number of MyReward credits you may have stored in or credited to your account balance at one time, the number of MyReward credits you may redeem within a given time period (for example, one day), or the number of MyReward credits you may obtain per promotion. We also may remove MyReward credits from your account if they are posted to your account in connection with an activity that is subsequently voided, canceled or involves a return.

Participant Eligibility

  • Only one MyReward account allowed per individual.
  • Provision of false information or omission of any information requested on any Program enrollment or redemption form or receipt may be grounds for denial of enrollment and/or accrual of MyReward credit in the Participant's account.

How MyRewards Add Up

Earn 1 point for every dollar spent. Start redeeming with 550 points.
When you purchase You will earn
$550.00 550 points
  • If you believe that you have validly obtained any MyReward credits that have not posted to your account, then you must contact us within 3 months after the date you claimed to have obtained MyReward credits. You acknowledge and agree that we may require reasonable documentation to support your claim and our resolution of your claim after our internal customer service review processes will be considered binding and final by you.

Reward Redemption

  • All redemption offers are subject to availability. Certain restrictions may apply to specific redemption offers.
  • After a Participant has redeemed MyReward credits, the Participant will not be able to exchange, refund or return the credits for redeposit in the Participant's account.
  • By redeeming a MyReward, the Participant releases PhotoManhattan, subsidiaries and affiliates from any and all liability regarding the Program or any redemption or use of MyReward credits. PhotoManhattan is not responsible for replacing lost, stolen or mutilated gift certificates, merchandise or anything else obtained by redemption of MyReward credits.

Miscellaneous

Participants are responsible for all taxes, liabilities, surcharges and any other fees associated with participation in the Program.

To the fullest extent allowed by law, PhotoManhattan makes no warranty, express or implied, regarding merchantability, fitness for a particular use or otherwise, regarding the Program or anything obtained by redemption of MyReward credits, AND PhotoManhattan is not liable or responsible for special, incidental, punitive, consequential, or exemplary damages arising from the or related to the Program or use in any manner of anything obtained by redemption.

You acknowledge and agree that the results of our internal customer service review processes will be considered binding and final by you with respect to any and all matters arising from or related to the Program. PhotoManhattan may audit any Participant's account at any time, with or without notice to the Participant, to ensure compliance with these Program Terms and Conditions. _____, in its sole discretion, may cancel, suspend or otherwise limit your access to MyReward credits stored in your account if there is any suspicious, fraudulent, abusive or unlawful activity associated with your account. If we cancel, suspend or otherwise limit access to MyReward credits stored in your account, your right to use MyReward credits stored in your account immediately ceases. We will use reasonable efforts to investigate accounts that are subject to access limitations and to reach a final decision on the limitations promptly. PhotoManhattan reserves the right to pursue legal action in the event of fraud, misrepresentation, abuse or violation of the Program Terms and Conditions.

The Program is subject to applicable government laws, rules and regulations. Void where prohibited.

Legal Statement
  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PhotoManhattan. The collective work includes works that are licensed to PhotoManhattan. Copyright 2003, PhotoManhattan ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PhotoManhattan or purchasing PhotoManhattan products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PhotoManhattan or to purchase PhotoManhattan products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PhotoManhattan. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of PhotoManhattan used in the site are trademarks or registered trademarks of PhotoManhattan


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PhotoManhattan disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PhotoManhattan does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PhotoManhattan does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
PhotoManhattan shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PhotoManhattan has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

By registering for any class, the student agrees to defend, indemnify, and hold harmless PhotoManhattan from and against any action, suit, claim, damages, liability, costs and expenses (including reasonable attorneys’ fees), arising out of or related to the use, distribution, or other exploitation (including but not limited to the distortion or modification in any way), at any time by any party of any photographs, or any part thereof, or reproduction thereof of models, other students, instructors, or otherwise taken by the student on PhotoManhattan’s premises or in connection with the class or this website.


Typographical Errors
In the event that a PhotoManhattan product is mistakenly listed at an incorrect price, PhotoManhattan reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PhotoManhattan reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PhotoManhattan shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PhotoManhattan without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
PhotoManhattan may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PhotoManhattan.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PhotoManhattan products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PhotoManhattan products) must be commenced within one (1) year after the claim or cause of action arises. PhotoManhattan's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PhotoManhattan may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PhotoManhattan or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
PhotoManhattan does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PhotoManhattan is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PhotoManhattan reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PhotoManhattan in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless PhotoManhattan, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, PhotoManhattan may link to sites operated by third parties. However, even if the third party is affiliated with PhotoManhattan, PhotoManhattan has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PhotoManhattan. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PhotoManhattan seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Privacy
  What information do we collect?

  • We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
  • When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
  • We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
  • Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
  • To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To administer a contest, promotion, survey or other site feature.
  • If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.


Do we use "cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Note: Goggle offers an Opt-out service regarding cookies.



Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include PhotoManhattan. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.


Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).


Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on August 12, 2012.


Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.


Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.


Limitations of Liability

By registering for any class, the student agrees to defend, indemnify, and hold harmless PhotoManhattan from and against any action, suit, claim, damages, liability, costs and expenses (including reasonable attorneys’ fees), arising out of or related to the use, distribution, or other exploitation (including but not limited to the distortion or modification in any way), at any time by any party of any photographs, or any part thereof, or reproduction thereof of models, other students, instructors, or otherwise taken by the student on PhotoManhattan’s premises or in connection with the class or this website.


Your consent

By using our site, you consent to our privacy policy.


Contacting us

If there are any questions regarding this privacy policy you may contact us using the information below. 

PhotoManhattan
51 West 14TH ST #2R
New York, NY 10011
USA