creativeLIVE, Inc. Website
Terms and Conditions of Use
Please carefully read our terms and conditions of use. These constitute a binding agreement between you and creativeLIVE, Inc. ("CL"). You agree that your use of our www.creativelive.com website, or any products or services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this agreement on behalf of that business. You understand that CL is relying on the fact that you are authorized to enter into this agreement on behalf of that business. When we use the words "you" or "your" in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site.
We may from time to time amend, supplement or modify these terms and conditions. You must check this agreement periodically for changes. Your continued use of CL website following the posting of changes will also mean that you accept and agree to the changes.
1. Contact Information.
757 Thomas St.
Seattle, WA 98109
2. Access to Content.
CL strives to provide the best instructional and training content to our customers on a continuous basis. Anytime you desire to take a class or instructional program, you simply follow the instructions on our website to sign up for that class or program. Content, classes and instructional programs may, generally, be viewed for free. If you want to possess, own a copy or view the class again after it has first taken place, you must purchase the copy or right to view the class at prices posted on our website. Different programs or classes may be subject to different terms and conditions and may also be subject to third party license agreements which you may have to click and accept prior to receiving the instruction.
We also try to provide uninterrupted access to our website. However, from time to time, you may be unable to access one or more classes or other digital content due to conditions beyond our control. These conditions include, but are not limited to acts of God, power outages, electrical problems and/or the acts of computer hackers and others acting outside the law. Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. Please know that, when one or more of these events occurs, CL will exert commercially reasonable steps to ensure access is restored within a reasonable period of time.
CL reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our website in whole or in part, including, without limitation, any content, availability or access to www.creativelive.com . You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our website and any instructional content available through it.
3. Fees & Refund Policy.
Fees charged for access and the viewing of content and courses through our website are subject to change at any time. We generally do NOT issue refunds once you have accessed or viewed a class or program. This is principally because, once you have viewed a program, there is no way to "un-view" it. Also, once you take possession of a digital copy of a class or instructional program, we have no way to force you to give it back and, even if you did, we have no assurances that you returned your only copy. This being said, CL reserves the right, at its sole discretion, to decide whether to give full or partial refunds in accordance with Section 5 below.
4. Prohibited Conduct.
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do: You may not:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects creativelive.com's computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information or content available on the site other than what you have paid for, in accordance with any license agreements you may be required to click-and-accept or otherwise is expressly allowed by this agreement.
- Permit or provide others access to our content and courses using your user name and password or otherwise, or the name and password of another authorized user of our site.
- Copy, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
- Transfer our website content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to our website content; or "deep link" to the Site Content.
- Violate or attempt to violate CL's security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
- Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws!).
- Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
- Use or attempt to use or website or any of our content to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
- Misrepresent your identity or personal information when accessing our website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by creativelive.com.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on or through our site.
- Provide any commercial hosting service with access to our site and/or its content or programs.
We reserve the right to monitor use of our website(s) and we may revoke or deny access to any content or programs to any person or entity whose behavior, activities or use of our website or its content violates or appears to violate the prohibited conduct described above. Access to content or programs beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the Content. The terms "normal patterns" and "abuse" shall be determined solely by CL.
We report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about your use of our site to law enforcement and others as may be useful to respond to allegations that our website, content, services or information has been misused or violates the rights of any third party.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
5. Limited Warranties.
CL makes no representations or warranties regarding its www.creativelive.com website. The classes, programs and instructional digital content available on or through CL have been compiled by CL, third parties and other proprietary sources for the purposes of providing instruction on the subject matter of the given class, program or course. Because of the changing and didactic nature each subject area, neither CL nor any of our instructors or publishers represents or warrants that any content or information is current, complete or accurate.
CL represents and warrants that if you purchase a hard copy of a particular class, program or instructional course, the media containing the same will be free from material defects on the date we send you the media (e.g., a DVD). If you purchase the right to continue to stream a class, program or instructional course after its initial broadcast on our site, we represent and warrant that you will generally have access to the streamed content, through our site, subject to Section 2 above.
CREATIVELIVE.COM'S SOLE LIABILITY FOR ANY BREACH OF THESE WARRANTIES SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA; OR, (B) TO EXERT COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS TO THE APPLICABLE STREAMED CONTENT. IF EITHER (A) OR (B) ARE IMPRACTICABLE, WE MAY DECIDE, AT OUR SOLE DISCRETION, TO REFUND THE APPLICABLE FEE PAID FOR PURCHASE OF AND/OR ACCESS TO THE CONTENT.
IF YOU HAVE ANY PROBLEM WITH ANY CONTENT OR PROGRAMS PURCHASED ON OUR WEBSITE, YOU MUST REPORT IT TO US IN WRITING WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM. IF YOU DO NOT, CL WILL NOT BE OBLIGATED TO HONOR ITS LIMITED WARRANTIES AS DESCRIBED IN THIS SECTION. CL WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND AS DESCRIBED IN THIS SECTION WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. THE LIMITED WARRANTIES OFFERED BY CL HEREUNDER WILL BE VOID AND IS TERMINATED IF ANY MODIFICATIONS ARE MADE TO ANY MEDIA OR CONTENT; IF ANY MEDIA IS SUBJECT TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS AGREEMENT.
ALTHOUGH CL HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
6. Disclaimers and Limitations on Liability.
EXCEPT FOR THE LIMITED WARRANTIES AND REMEDIES DESCRIBED IN SECTION 5 IMMEDIATELY ABOVE, CL and www.creativelive.com HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD OR STREAMED IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO DEALER, AGENT, REPRESENTATIVE, LICENSEE OR EMPLOYEE OF CL IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
7. Your Assumption of Certain Risks Helps Us Keep Prices Down.
You assume all risks associated with the use of any programs, courses or instructional content on our site. You agree and understand that CL would not grant you access to our website or our content "but for" the allocation of risks contained in these terms and conditions, including without limitation the disclaimer of warranties, limitations on liability and your obligation to indemnify CL as described herein. You also understand and agree that we could not provide the access and content (whether for free or at the then-current prices shown on our website) unless you agreed to the express allocation of risks and other terms and conditions contained herein.
8. Your Indemnification Obligation.
You agree that you shall indemnify and hold harmless CL, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through CL and www.creativelive.com, against any and all losses, claims, demands, expenses (including reasonable attorneys' and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it.
9. Third Party Content; Hyperlinks.
CL does not pre-screen third party materials. We are not the publisher or author of any programs, courses or instructional content available through our website. Instructional content provided by third parties is for informational purposes only, and CL's sale of any instructional content constitutes neither an endorsement nor a recommendation by CL. CL assumes no responsibility for third party products or services.
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. CL may disable any hyperlink to our site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
CL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, CL DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A CL WEBSITE.
10. Copyrights, Trademarks and Other Proprietary Rights.
CL and/or its third party content providers retain all rights throughout the universe in the intellectual property in and on the CL website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by CL. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of CL, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of CL's intellectual property except as set forth in Section 4.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to CL, You may forfeit your intellectual property rights and moral rights contained in such communication or material.
11. Security; Authorized Use.
You may not, directly or indirectly, violate or attempt to violate the security of any CL website. CL has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. CL may immediately suspend your access while it conducts an investigation. Users are required to enter a user name and password to access content. To protect against unauthorized access to your account, we recommend you close your browser when you have finished using our website. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
You may not use the account, user name or password of someone else at any time. You agree to notify CL immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify CL immediately if you are aware of or suspect other unauthorized use of our website and/or any content or instructional programs. CL will not be liable for any loss or damage you incur as a result of someone else using your user name and password (with or without your knowledge). You may be held liable for any losses incurred by CL, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of your account, user name or password.
CL will never ask you for your password. If you need a new user name and/or password, CL will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
12. Term and Termination.
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 1,3,4,5,6,7,8,9,10,11,13,14,15, and 16 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any CL website until all copies of that information are destroyed by you. In addition to any other rights or remedies CL may have at law or in equity, CL may terminate this agreement at any time and at its sole and absolute discretion. CL may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that CL deems inappropriate. Your obligation to pay fees shall survive any termination of this Agreement.
14. Third Party Advertisers.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
These terms and conditions of use/agreement constitute the entire agreement between CL and you regarding the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect. Any previous agreement, whether oral or written, between you and CL dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this site, by CL. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon your breach or threatened breach hereof, CL may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. CL's remedies are cumulative and not exclusive. Failure of CL to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing any CL website, you agree to and accept this shortening of the statutes of limitations. CL makes no covenant, representation or warranty that any content on or available through its website is appropriate or available for use in all locations. CL operates its website from the United States and makes no representation or warranty that its website or operation thereof complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using any CL website. You may not assign your rights or delegate your duties under this agreement.
16. Governing Law; Dispute Resolution; Forum and Venue.
This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington. The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington. The parties waive all objection and challenge to such venue and personal jurisdiction.
All disputes between you and CL shall be finally resolved through binding arbitration in Seattle, Washington. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Washington Superior Court, King County or the United States District Court for the Western District of Washington. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Washington Superior Court, King County or the United States District Court for the Western District of Washington for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.
CL primarily uses email to communicate with you. All purchase receipts, confirmation notices, welcome messages, workshop updates are delivered through electronic communications. CL may periodically communicate service and other suitable updates with you via email. If you have any questions or comments about this agreement, any CL website, or wish to report an issue, please contact us at email@example.com. We will attempt to reply within a reasonable time period to each e-mail inquiry we receive, but we cannot guarantee any timely response.
EFFECTIVE DATE: October 11, 2011