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Date of Last Revision – October 5th, 2012
1. The Portal
The Portal is intended to serve as an online learning environment through which registered users ("Users") may subscribe to access courses of video lectures ("Courses") and associated study materials and background materials presented by Sympoz instructors ("Instructors"). Subscribing Users will also interact with Instructors and Sympoz teaching assistants ("Teaching Assistants") through the Portal. The Portal will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Sympoz offers for sale through the Portal certain products pertinent to the Courses (the terms applying to such pages are described in Section 3 (Craftsy Store) below). Users may also use pages provided on the Portal as a venue to offer and sell certain items to other Users (the terms applying to such pages, including the "Craftsy Patterns" page and any similar marketplace pages created by Sympoz in the future, are described in Section 3 (Sales of Products by Sympoz) below). Users may also participate in Challenges (as defined below).
2. Access to the Portal
B. In order to access the Websites, you will have to create an account. You may never use another's account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sympoz immediately of any breach of security or unauthorized use of your account. Although Sympoz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sympoz or others due to such unauthorized use.
C. You may use the Portal to participate in skill based challenges organized by Sympoz for a chance to win prizes ("Challenges"). Any Challenge in which you participate will be governed by the Contest Rules as well as any specific criteria or parameters described on the Portal in relation to the specific Challenge.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Portal in a manner that sends more request messages to the Sympoz servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Sympoz grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sympoz reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Portal, nor to use the communication systems provided by the Portal for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Portal.
A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
B. Sympoz reserves the right to amend or withdraw any Application at any time and for any reason.
C. You acknowledge that the terms of agreement with your mobile network provider ("Mobile Provider") will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
D. Sympoz does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Sympoz will not be responsible for any support or maintenance for Applications.
E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.
3. Sales of Products by Sympoz
B. Any times or dates stated by Sympoz for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from Sympoz by credit card or through Paypal or by other methods specified on the Portal from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Sympoz, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
E. You undertake that all details you provide to us for the purpose of purchasing goods from Sympoz will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. Sympoz will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please email email@example.com with a description of the problem with the goods and our customer service team will provide you with a prepaid return label and shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.
G. If you are not satisfied with goods purchased from Sympoz, you may return them to Sympoz within sixty (60) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. Sympoz reserves the right to refuse any returns if they do not meet our return requirements. Please email firstname.lastname@example.org and our customer service team will provide you with shipping instructions.
4. Craftsy Marketplace
B. You agree that the Marketplace is a venue and as such Sympoz is not responsible or liable for any content, for example, data, text, information, designs, patterns, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on the Marketplace. Your interactions with Users found on or through the Marketplace, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other Users. You use the Marketplace at your own risk.
C. By listing an item on the Marketplace you warrant that you and all aspects of the item comply with Sympoz's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale relating thereto. Each Marketplace listing must accurately and completely describe the item for sale in that listing. In respect of items that you list for sale, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions (including, but not limited to, all patent, trademark, trade secret, copyright or other proprietary rights) to sell such items; provided, however, that Sympoz is in no way responsible for checking the accuracy of such affirmation, representation and/or warranty.
D. All sales of items listed on the Marketplace are binding. The seller is obligated to deliver the item electronically, ship the physical item or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased.
E. You agree that Sympoz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Users. If there is a dispute between Users, or between Users and any third party, you understand and agree that Sympoz is under no obligation to become involved. Sympoz does not provide any form of claims resolution procedure. In the event that you have a dispute with one or more other Users, you hereby release Sympoz, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. Profiles, User Submissions and Instructor Submissions
B. In order to use certain functions of the Websites and the Applications, you will also be required to establish a profile which will be publicly displayed and will identify you to other Users ("Profile"). Your Profile must, at a minimum, include a username of your choice and a profile picture (which may be a photograph or image provided by you or an avatar selected from options provided by Sympoz). You may also, at your election, display on your Profile other information which you wish to make public such as your geographic location, a profile description prepared by you (e.g., Users with an interest in crafting may describe how they were introduced to crafting), links to your website, Twitter feed, Facebook page or other online presence, preferences (e.g., Users with an interest in wine tasting may list their favorite wines), and status updates, as well as content created by you and submitted to Sympoz in connection with your use of the Websites and Applications, your participation in Courses, your interaction with Instructors, Teaching Assistants and other Users, your participation in Challenges, and your offering, buying or selling of items through the Marketplace, buying items from Sympoz through the Portal (including, in each case, written, audio and/or video content, information, images, and other materials) (such submissions, together with information comprising your Profile, "User Submissions"). You understand that whether or not such User Submissions are published, Sympoz does not guarantee any confidentiality with respect to any User Submissions.
C. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
G. You understand and agree that Sympoz is not obligated to review, and is in no way responsible for, the content of video lectures, associated study materials and background materials presented by Instructors and Teaching Assistants, or content created in connection with the participation by Instructors and Teaching Assistants in Courses and their interaction with Users and other Instructors and Teaching Assistants (including written, audio and/or video content, information, images, and other materials) (together, the "Instructor Submissions"). Sympoz does not endorse any Instructor Submissions or User Submissions or any opinion, recommendation, or advice expressed therein, and Sympoz expressly disclaims any and all liability in connection with Instructor Submissions.
H. In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sympoz all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sympoz or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Portal by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Portal in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Portal; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Portal any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (xiv) use or attempt to use another's account, service or system without authorization from Sympoz, or create a false identity on the Portal; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Sympoz, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose Sympoz, the Portal or its Users to any harm or liability of any type.
J. In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sympoz with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to email@example.com, or firstname.lastname@example.org via regular mail to:
2150 W. 29th Ave.
Denver, CO 80202
You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
K. You understand that when using the Portal, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that Sympoz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sympoz with respect thereto, and agree to indemnify and hold Sympoz, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Portal.6. Intellectual Property Rights
A. "Content" means all content on the Websites and Applications, except for all User Submissions and Instructor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Instructor Submissions are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and are (i) owned by or licensed to Sympoz, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.
B. Content, Instructor Submissions and User Submissions from other Users on the Websites and Applications are provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sympoz reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Portal for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any website, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Sympoz and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portal or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Portal or the Content and User Submissions therein.
YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SYMPOZ AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF. NEITHER SYMPOZ NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE PORTAL AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PORTAL, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. SYMPOZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SYMPOZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL SYMPOZ OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 6, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SYMPOZ AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Portal is controlled and offered by Sympoz from its facilities in the United States of America. Sympoz makes no representations that the Portal is appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Sympoz may terminate your membership, delete your account and any User Submission that you have posted on the Portal and/or prohibit you from using or accessing the Portal (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Portal, your obligations hereunder shall survive indefinitely.