CreativeLive Terms of Use

October 24, 2017

Welcome to CreativeLive. We are excited that you want to join our vibrant online community. These terms of use (“Terms” or “Terms of Use”) govern your access to and use of any of our products or services, including our online educational programs (each a “Course”), our website(s) (including www.creativelive.com), and related applications (including any mobile and TV device apps) and features across all devices and platforms (e.g., computer, mobile phone, tablet, etc.), all of which are collectively referred to herein as the “Service.” By accessing or using the Service, you agree to be bound by these Terms, which constitute your agreement with CreativeLive, Inc., and you also agree to review and be bound by our Privacy Policy and Community Standards, which also govern your use of the Service and are hereby incorporated into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind, and do bind, the organization to these Terms. References to “we,” “us,” and “our” refer to CreativeLive, Inc. References to “you” and “your” refer to you, a user of our Service.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Let’s get real:

We are super stoked that you are using CreativeLive.com! By using our site, you agree to our terms. We might change our Terms every once in a while and we will post the updates here. You’re responsible for keeping up to date.

  1. Changes to Terms. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. 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.

  1. Your Use of the Service.

    1. 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.

    2. 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).

    3. 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 support@creativelive.com if you believe that your account has been compromised.

    4. General Practices Regarding Use and Storage; Modification to the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. We reserve the right to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.

    5. Mobile Service The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Let’s get real:

Some content may be too mature for the wee ones, so you must be 18 to use our site. If you login via Facebook or Google, we can access information that you have in those profiles. If you think someone else is using your account, let us know. Don’t post things you shouldn’t.

  1. Fees and Refunds

    1. 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).

    2. 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.

    3. 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.

    4. Refunds. If you are not satisfied with a Course within 30 days after purchasing through CL’s browser-based application, we may issue a refund. If you are not satisfied with a Course within 30 days after purchasing through CL’s mobile application, we may issue you an equivalent credit, in the form of a coupon code, to be used towards future purchases of CL Courses. This credit may only be redeemed on CL’s browser-based application and is subject to the terms and conditions set forth on www.creativelive.com/now. If you notify us within 30 days of your purchase that you are unable to view a Course due to a technical issue on CL’s end, we may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part. Courses that have been downloaded are not eligible for refunds. If you abuse this refund policy, as determined by CL in our sole discretion, you may no longer be able to get a refund and/or access your CL account.

    5. 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.

  1. Licenses

    1. To You.

      1. Consumer User License. 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.
      2. Business User License. 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 and Courses. Your business user license entitles you only to view Courses in accordance with the foregoing license and subject to the terms of the applicable MSA, 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 included in your business license 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.

Let’s get real:

If you buy a course, only you can view it. We can end your ability to view it if you violate these terms.

    1. To Us.

      1. 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, CreativeLive 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. We will not offer any User Generated Content for sale or otherwise directly monetize it in any way.

      2. Student Work 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. We will not offer any User Generated Content for sale or otherwise directly monetize it in any way.

        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.

Let’s get real:

If you submit content to CreativeLive galleries or the Site generally, we can use it and information about you that you’ve given us access to for promotional purposes. We don’t own it and can’t sell it but we may use it or change it and we may keep it after you delete it from your account.

  1. 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

Let’s get real:

Don’t share your login information, post porn and other obscene stuff, embed sketchy links, tread on others’ property rights, or generally be a jerk.

  1. 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.

  2. “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.

Let’s get real:

Don’t steal or improperly use content that belongs to us or our users. We respect IP rights and you should, too.

  1. ALL COURSES ARE BEING PROVIDED ON AN AS-IS BASIS AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND OF A GENERAL NATURE. INFORMATION AND MATERIALS CONTAINED IN COURSES ARE NOT SPECIFIC TO YOUR INDIVIDUAL CIRCUMSTANCES AND GOALS, WHETHER FINANCIAL, MEDIAL OR OTHERWISE, AND ARE NOT INTENDED TO CONSTITUTE OR REPLACE THE ADVICE OF A QUALIFIED, LICENSED PROFESSIONAL WHERE REQUIRED. STATEMENTS AND OPINIONS EXPRESSED IN THE COURSE ARE THOSE OF THE INSTRUCTOR ONLY AND CL MAKES NO REPRESENTATION OF THE ACCURACY OR RELIABILITY OF THE STATEMENTS.

  1. 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.

Let’s get real:

Third party links may take you off of CreativeLive.com. Most of those links lead to something awesome, but we are not responsible if they don’t.

  1. 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:
    Copyright Agent
    c/o CreativeLive, Inc.
    444 De Haro Street, Suite 208
    San Francisco, CA 94107

    By email: copyright@creativelive.com

Let’s get real:

If someone infringes on your IP rights, drop us a line with the information listed here and we will investigate.

  1. 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.”

  2. 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.

Let’s get real:

We value your feedback so much that we want to use it on our site and we just might! If you submit content that violates these terms, we can get our terminator on as needed and deny your access to our site.

  1. Apple-Enabled Software Applications. We offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

    • We and you acknowledge that these Terms are concluded between us and you only, and not with Apple, and that as between us and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and the content thereof.

    • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

    • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

    • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

    • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.

    • We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to https://support.apple.com/contact

We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Let’s get real:

If you use an Apple-enabled mobile application to access the Service, you agree to Apple’s Usage Rules and App Store Terms of Service, and you acknowledge that Apple is not responsible for the function or content of the Service.

  1. Disclaimer; Limitation of Liability.

    No Warranties

    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 OR EXCLUSION OF CERTAIN 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 OR BE ENFORCEABLE WITH RESPECT TO YOU.

    IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE FOREGOING SECTION.

Let’s get real:

We work hard to provide you with an awesome service, but we’re not liable for these various things.

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.

    This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    1. Prohibition of Class and Representative Actions and Non-Individualized Relief.

      YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

    2. Pre-Arbitration Dispute Resolution.

      We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@creativelive.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to

      Arbitration Agent
      c/o CreativeLive, Inc.
      444 De Haro Street, Suite 208
      San Francisco, CA 94107

      By email: copyright@creativelive.com

      The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

    3. Arbitration Procedures.

      Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

      Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    4. Costs of Arbitration.

      Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, we will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

    5. Confidentiality.

      All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    6. Severability.

      If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.

    7. Future Changes to Arbitration Agreement.

      Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Let’s get real:

We’re not responsible for your use of the site. If you think we are, then let’s work it out within one year arbitration style under Washington State law. No, not Washington, D.C., the real Washington.

  1. General. 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.”

Let’s get real:

You know the deal - there are some big things at the end of every legal contract. Here are ours, in a nutshell: these terms are governed by Washington State laws; these terms are the deal and you cannot modify them; we can’t waive these terms; and if one section is not great, the rest still counts.

Community Standards

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.

As such, we are committed to enforcing these standards, as well as the CreativeLive Terms of Use. Violations of any of the below guidelines may result in a warning, temporary suspension or, with repeated violations, banishment from the use of CreativeLive's social features.

Our community standards

  1. Be kind — No harassing, threatening, libelous, racist, abusive, hateful, violent or obscene language, behavior or photos.

  2. Be clean — Any posts, user names, photos or other content that are profane, sexually graphic, or offensive are not allowed.

  3. Be lawful — Do not participate in, suggest or encourage any illegal or unethical activity. Do not violate or encourage others to violate our terms of use.

  4. Be on-topic — Do not spam or solicit or post commercial advertising. This includes repetitive or irrelevant content.

Diversity statement

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.

We also respect the rights of all instructors, guests and students to maintain their own beliefs and points of views on all issues. CreativeLive’s primary goal is to create a positive, learning-focused environment where a diverse, global community can share, learn and create together. We do not allow harassing, offensive or intolerant behavior and all members of our community are required to follow our Community Standards and Terms of Use.

Let’s get real:

Promote love and acceptance.

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.

Let’s get real:

Feedback is important to the creative process – let’s make it honest, but polite; balanced; and specific.

Guidelines specific to galleries

Student Work Gallery Content. You may submit and post content to our Galleries (“Gallery Content”) in accordance with our Terms of Use and Community Guidelines. When you submit or post your Gallery Content to or through our website, you grant CL a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your Gallery Content on CL solely for the purposes of operating, developing, providing, using, and promoting the CL services. Nothing in these Terms shall restrict other legal rights CL may have to Gallery Content, for example under other licenses. We reserve the right to remove or modify Gallery Content for any reason, including Gallery Content that we believe violates these Terms or our policies. You may also elect to submit Gallery Content for use in one or more of our instructional workshops and courses.

Let’s get real:

You can submit your content to our galleries. You keep ownership rights to the content, but we can use it. We won’t sell it.

You represent and warrant that: you are the exclusive owner of your Gallery Content and, if not exclusively owned by you, you have obtained in writing any rights or licenses needed to grant CreativeLive the permissions, rights and licenses described immediately above (which you must immediately provide to CreativeLive if so requested); you have the full right and legal authority to agree to our Terms of Use and our Community Standards; no other permissions, rights or licenses are required from, nor are payments required to be made to any third party or you for the Gallery Content; you are not aware of, nor have you received any notice (in writing, verbally or otherwise) that all or portions of your Gallery Content may or does infringe, violate or misappropriate any third party intellectual property, moral or other intangible property rights (including without limitation right of publicity or privacy), or violate any law or judicial or governmental order.

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.

Release/Indemnity for Gallery Content You hereby expressly and irrevocably release and forever discharge CreativeLive, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your Gallery Content. Consistent with Section 15 of our Terms of Use, you agree to indemnify and hold harmless CreativeLive, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all actions, claims, losses, expenses, penalties, fines, assessments, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages, and reasonable attorneys' fees and costs), arising from or related to your Gallery Content, whether by you or any person using your account or CreativeLive username and password.

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.

Let’s get real:

You are representing that you own the content that you submit. You are responsible for the content and will back us up if we’re sued because of it.

You may not use the Galleries: to abuse, harass, threaten, impersonate or intimidate any person; to post or transmit, or cause to be posted or transmitted, any Gallery Content that is or may be libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any third party right; For any purpose that is not permitted under the laws of the jurisdiction where you access or use the Galleries function on our website; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CreativeLive user; to create or transmit unwanted ‘spam’ to any person or any URL; to create multiple accounts for the purpose of voting for or against any Gallery Content; to post copyrighted Gallery Content which doesn’t belong to you; to use any robot, spider, scraper or other automated means to access our website for any purpose (except accessing RSS feeds); to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; to interfere or attempt to interfere with the proper working of our website, or any activities conducted on the it; or, bypass any measures we may use to prevent or restrict access to our website or any content on it; to artificially inflate or alter vote counts, blog counts, comments, or any others service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of any services we may offer on or through our website; to advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from or through our website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; to promote or sell Gallery Content of a third party; to sell or otherwise transfer your Gallery or other profile on our website; or, to take any action or omit to take any action which CreativeLive believes is destructive, injurious or otherwise in violation of our Terms of Use or Community Standards

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” in section 10 above) please send written notice to CreativeLive at: support@creativelive.com

Let’s get real:

PLAY NICE. Everyone hates spam, so don’t send it. Don’t do other sketchy things, please!

Violations

If you believe there is a problem with content you see in the CreativeLive community, please use the Reporting function to notify the CreativeLive community team. We will be sure to review all reports and take any necessary action. We may, at our sole discretion, permanently or temporarily suspend, block, delete or terminate all or portions of your user profile if you act in a way that violates our community standards, or otherwise violates the Terms of Use or our Privacy Policy.

Appeals process

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 appeals@creativelive.com.