Terms of service.

All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

WINBURN MEDIA INC and WINBURN MEDIA LLC (“Company”, “we”, “us”, or “our”) is the owner and operator of this website, https://www.orpheeokito.online, (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company.

Please read these Terms of Use carefully to understand our terms regarding your use of the site and services offered by WINBURN MEDIA INC and WINBURN MEDIA LLC . If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms of Use.

It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.

These terms of use are effective as of September 27th, 2024.

1. Acceptance of Terms

By accessing or using the Site and Services, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms apply to all users of the Site, regardless of their location.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms.

3. Products and Services

We offer the following products and services through the Site:

  • Online courses, workshops, and classes

  • Digital products such as presets and photography resources

  • Private coaching and mentorship programs

  • Photography-related tools and resources

Descriptions of each product or service, including pricing and any specific conditions, are provided on the relevant product pages. Please ensure that you understand the terms associated with any product or service before purchasing.

4. Purchases and Payment

  • Pricing: All prices on the Site are listed in [currency] and are subject to change at our discretion. International customers are responsible for any applicable taxes, duties, or fees imposed by their jurisdiction.

  • Payment: We accept payments via secure third-party payment processors (e.g., PayPal, Stripe). We do not store any payment information directly. By making a purchase, you authorize us to charge the payment method provided for the total amount specified.

  • International Payments: For customers outside of Canada, payments may be subject to currency exchange fees, and applicable taxes may be collected as required by the local laws of your country.

  • Refund Policy: All sales of digital products, including presets and online courses, are final and non-refundable unless otherwise stated. Please refer to the individual product or service page for specific refund policies regarding coaching, mentorship, or other services.

5. User Accounts

Certain features of the Site may require you to create an account.

  • You agree to provide accurate, current, and complete information during the account registration process.

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  • We reserve the right to terminate or suspend your account at any time, without notice, for any violation of these Terms or for any inappropriate or unauthorized use of the Site.

6. Intellectual Property

  • Ownership: All content on the Site, including text, images, videos, courses, digital products, and other materials, is the intellectual property of Winburn Media Inc and Winburn Media LLC. or its licensors. Unauthorized use of any content is strictly prohibited.

  • License to Use: Upon purchasing digital products or accessing services, you are granted a limited, non-exclusive, non-transferable license for personal use only. You may not share, distribute, resell, or reproduce the purchased content.

7. User-Generated Content

You may be able to post content, such as comments, reviews, or other submissions, on the Site.

  • By submitting any content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, and display your content on the Site or in connection with our Services.

  • You are responsible for ensuring that any content you submit complies with applicable laws and does not infringe on the rights of any third parties.

8. International Use and Jurisdiction

  • The Site is operated from Quebec, Canada, and is intended for users worldwide. We make no representations that the Services are appropriate or available for use in locations outside of Canada.

  • You are responsible for complying with local laws in your jurisdiction. By accessing or using the Site, you agree that all matters relating to your access and use of the Site, including disputes, will be governed by the laws of Quebec, Canada, without regard to its conflict of law provisions.

  • You agree to the personal jurisdiction by and venue in the courts of Quebec, Canada and waive any objections to such jurisdiction or venue.

9. Privacy

We value your privacy. Your personal information is collected, stored, and used in accordance with our Privacy Policy. By using the Site, you agree to the collection and use of information as outlined in the Privacy Policy.

  • GDPR and International Privacy: If you are located in the European Union (EU) or other regions with laws governing data collection and use, you agree that we may transfer your personal information to Canada for processing in accordance with our Privacy Policy. We comply with international privacy laws, including the General Data Protection Regulation (GDPR).

  • Data Security: While we use commercially reasonable efforts to protect your personal information, we cannot guarantee absolute security.

10. Disclaimer of Warranties

WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES AT OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.

WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.

WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

11. Limitation of Liability

To the fullest extent permitted by law, Winburn Media Inc. and Winburn Media LLC shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of profits, loss of data, or other damages arising out of or in connection with your use of the Site or the Services. This limitation of liability applies regardless of the form of action, whether based on contract, tort, negligence, strict liability, or any other legal theory.

12. Indemnification

You agree to indemnify, defend, and hold harmless Winburn Media Inc. or Winburn Media LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of your use of the Site or any violation of these Terms.

13. Waiver and Severability

  • Waiver: No waiver by Winburn Media Inc. or Winburn Media LLC 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.

  • Severability: 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.

14. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Quebec, Canada. Any disputes relating