- Changes to Terms.
We may amend these Terms at any time by posting the modified Terms on the Service. The modifications will be effective upon such posting (unless a later date is specified in the posting, in which case that date shall be deemed the effective date of the modifications). You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
- Your Use of the Service.
- Eligibility and Registration. You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (each, an “Authentication Service”). By registering for or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including your user name, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
- Gallery Participation. As part of the Service, you may have the opportunity to upload and post your works and other content (“Gallery Content”) on interactive social webpages (each a “Gallery” and together the “Galleries”) for comment and discussion. If you choose to participate in the Galleries, you do so subject to these Terms. You retain all ownership rights in and to your Gallery Content, but grant us the license to use your Gallery Content as set forth in Section 4. We reserve the right to remove any of your Gallery Content or related postings at any time, for any reason or no reason, without liability to you or any third party. You may also elect to submit your Gallery Content for use in one or more of our Courses subject to the license set forth in Section 4b(ii).
- Account Security. You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. We will not ask you for your password. If you need a new user name or password, we will generate a user name and password automatically and send it to the email listed on your account. You must notify us immediately at firstname.lastname@example.org if you believe that your account has been compromised.
- Fees & Refunds.
- Live Courses. Our live Courses may generally be viewed for free through the Service (though we reserve the right to charge fees with respect to any particular Course).
- Viewing or Purchasing Courses after Live Stream. If you’d like to purchase a copy of or view a Course after the live stream, you must pay a fee at the price listed on the Service for that Course. Different Courses may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Course.
- Fee Changes. Fees for use of the Service, including fees for viewing or purchasing Courses (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.
We generally do not issue refunds because there is no way to “un-view” a Course you’ve already watched or ensure that you have returned every copy of a Course you purchased. But, if you notify us within 15 days of purchase that you are unable to view a Course, we may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part.
- General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to us.
- To You. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses purchased by you. Your purchase of any Course entitles you only to view that Course in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
- General. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute and display the content you upload to the Service, including your Gallery Content, text, online social profile information (including your user profile on the Service), and other content you share with us through the Service (“User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share or otherwise include your User Content as a result, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content.
- Gallery Course Participation. As noted in Section 2(b), we want to provide you the best educational experience possible and encourage you to submit your Gallery Content for discussion in our Courses, in which case we may display your Gallery Content in the live Course and any recording of the Course thereafter, and also reference you and your Gallery Content. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to: (1) use any information included in your “Gallery” section, including your name, picture, voice, appearance, likeness, statements, performance, and biographical information (e.g., Twitter handle) (your “Publicity Rights”) and your Gallery Content in the Service; and (2) copy, distribute, perform, display, modify and create derivative works of, and exploit, your Publicity Rights (in whole or part) and your Gallery Content in the Service, including to advertise, promote or market all or portions of the Service and related programs and courses (e.g., blog posts, promos, marketing, compilations, mini-series or best-of). This license includes our right to use other works containing or based on your Gallery Content without any restriction as to changes or alterations, and Gallery Content may be modified, used in derivative works, distorted, included in composites, or otherwise used in unexpected contexts, manners, or forms, subject to the license above.
Please keep in mind that the works we choose to include in a Course depend on how well the work fits in with any instructor discussions. As such, we have discretion over which works will appear in a Course and are not obligated to include your Gallery Content in the Service or exercise any of our rights and licenses herein. You irrevocably waive the right to inspect or approve any uses of your Publicity Rights and/or your Gallery Content.
- Prohibited Conduct.
You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, "frame," "mirror," "in-line link" to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.
- Our Proprietary Rights.
All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof.
- “CreativeLive” and all related logos, graphics and icons are service marks or trademarks of CreativeLive, Inc. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
- Third Party Content; Applications, Hyperlinks.
The Service includes social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
- Procedure for Making Claims of Copyright Infringement.
We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice including the following information:
- (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- (2) identification of the copyrighted work or other intellectual property that you claim has been infringed;
- (3) a description of where the material that you claim is infringing is located on the site;
- (4) your address, telephone number, and email address;
- (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:By mail:
c/o CreativeLive, Inc.
444 De Haro Street, Suite 208
San Francisco, CA 94107
By email: email@example.com
- User-Generated Feedback.
We value hearing from our users, and are always interested in learning about ways we can make CreativeLive better than ever. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to “moral rights.”
- Reservation of Rights.
We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
- Disclaimer; Limitation of Liability.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREATIVELIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CREATIVELIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
CREATIVELIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.Exclusions and Limitations
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Representations and Warranties.
You represent and warrant that: (i) you have the right to lawfully enter into these Terms and that your performance under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound; (ii) your use of the Service will not infringe upon the rights of any third party, (iv) you own or have the rights to any User Content you upload to the Service, and our use of such User Content does not, and will not, infringe any third party’s rights, including trademark, copyright, privacy, publicity or any other proprietary rights; and (v) you will comply with all applicable laws, regulations, and rules in connection with your use of the Service (including those relating to intellectual property and U.S. export regulations).
You agree to indemnify and hold harmless us and our directors, officers, employees, agents, licensors, affiliates, successors and assigns from and against any and all losses, claims, suits, damages, demands, costs, expenses (including reasonable attorneys’ fees) and liabilities of whatever nature or kind arising from or connected with your access to, or use of, the Service, any content you submit to the Service, and/or your breach, or alleged breach, of these Terms or the rights of any third party.
- DISPUTE RESOLUTION; BINDING ARBITRATION.
Let’s try to work it out. If there is a dispute arising from or relating to these Terms or your use of the Service, you agree to contact us at firstname.lastname@example.org and attempt to resolve the dispute prior to taking more formal action. If the dispute is not resolved in a reasonable amount of time, either you or we may bring a formal action in accordance with these Terms. You and we agree to resolve any dispute regarding these Terms or your use of the Service through confidential binding arbitration administered by JAMS under its then current Comprehensive Arbitration Rules & Procedures and applying Washington law (without regard to its conflict of laws provisions). Arbitration will be held in King County, Washington. The award rendered by the arbitrator(s) will be final and binding, and judgment upon such award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, nothing in the foregoing limits our ability to seek equitable relief, including injunctive relief and specific performance, from any court of competent jurisdiction.
- Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms or the use of the Service must be submitted for arbitration within one (1) year after such claim or cause of action arose or be forever barred.
These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. The parties consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within King County, Washington. These Terms and any other policies referenced herein constitute the complete agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any additional terms in any written or oral communication from you to us are void. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. We may assign these Terms, including any rights and licenses granted to us hereunder. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision herein, all of which will remain in full force and effect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”
CreativeLive is a global, learning-focused community created to help everyone embrace their full creative potential. Learning puts us in an inherently vulnerable space and creation can often be messy and iterative. Our standards were designed to help further our goal of creating a diverse, positive, safe, interesting, constructive, valuable and overall enjoyable space for our community to actively learn, share information and be more creative.
our community standards
- Be kind — No harassing, threatening, libelous, racist, abusive, hateful, violent or obscene language, behavior or photos.
- Be clean — Any posts, user names, photos or other content that are profane, sexually graphic, or offensive are not allowed.
- Be on-topic — Do not spam or solicit or post commercial advertising. This includes repetitive or irrelevant content.
Access and positivity are core values of CreativeLive. As a global, learning-focused and creative community, we welcome and embrace a diverse group of people with varied worldviews arising from differences of culture and circumstance. We believe all students learn better in a diverse educational environment and that they should have access to multiple points of view. Such differences include race, ethnicity, gender, sexual orientation, socio economic background, age, physical and learning ability, national origin or religion.
Basic Critique Guidelines
CreativeLive was created to support our community along its learning journey. As such, we encourage our community to actively share creative processes and completed works. We also encourage feedback, support and critique from the community. Any feedback should take into consideration the Community Standards and help the creator improve the overall quality of their work. When giving feedback to other members of the community, here are a few guidelines to keep in mind:
- Feedback is honest, but polite: be constructive, but also friendly.
- Feedback is balanced: point out both what works, and what doesn't.
- Feedback is specific: focus on the work, not the creator. Examples of specific things to give feedback on: composition, technical quality, story, impact, lighting, etc.
guidelines specific to galleries
You shall not have any right to terminate the permissions, rights and licenses granted herein for your Gallery Content, nor may you or any third party on your behalf seek, obtain, or enforce any injunctive or other equitable relief against CreativeLive, all of which such rights are hereby expressly and irrevocably waived by you in favor of, and for the benefit of CreativeLive.
Gallery User Conduct Gallery Content remains the sole responsibility of the account holder who posted or submitted it. If you post or submit Gallery Content, you are entirely responsible for it and any liability that may result from it. CreativeLive will not control Gallery Content and does not guarantee the accuracy, integrity or quality of it. Gallery users understand and agree that they may be exposed to Gallery Content that is offensive, indecent or objectionable.
You are solely responsible for your interactions with other users on our site and their Gallery Content. CreativeLive reserves the right, but has no obligation, to monitor disputes between or among users. To report a problem (other than one for copyright infringement which is addressed under “Copyright Complaints” here) please send written notice to CreativeLive at: email@example.com
CreativeLive takes all violations of our Community Standards seriously. If you would like to appeal your warning or suspension, you may contact CreativeLive directly by sending an email to firstname.lastname@example.org