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REVOLUMINARY TERMS AND CONDITIONS OF SERVICE
(Last updated December 13, 2007)
Welcome to the Revoluminary website located at http://www.revoluminary.com (the ÒSiteÓ). Revoluminary provides the Site and the Revoluminary service (collectively, the ÒServiceÓ) subject to these Terms and Conditions of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SERVICE.Ê THESE TERMS OF SERVICE (THIS ÒAGREEMENTÓ) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND REVOLUMINARY.Ê BY COMPLETING THE REVOLUMINARY REGISTRATION PROCESS OR OTHERWISE ACCESSING OR POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.Ê IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.Ê
Revoluminary, Inc. (ÒRevoluminaryÓ) provides a forum for peer-to-peer education through our website located on the World Wide Web at http://www.revoluminary.com. The Service allows users to provide multimedia educational lessons for other users.
In registering with Revoluminary, you must provide us with certain requested information about yourself related to the Service, and the general management of your account with Revoluminary, such as, your name, email address and billing information (the ÒRegistration DataÓ). You represent that all information that you provide to Revoluminary is and will be accurate, complete and timely at the time that it is given. Information collected from you by Revoluminary is governed by the Revoluminary Privacy Policy, a copy of which is available at www.revoluminary.com/privacy.php. Minors may not use the Service. By accepting this Agreement, you represent and warrant that you are at least 18 years old.
Any fees or payments owed by you in connection with the Service are payable in advance and are not refundable in whole or in part, except as otherwise provided in this Agreement. In the event that the instructor fails to show up for a Lesson that you have paid for in advance, and the Lesson is not provided to you, Revoluminary will issue you a refund for the missed Lesson upon request. Revoluminary charges students using the Google checkout system to collect fees associated with Lessons and the Revoluminary network fee.
Revoluminary will remit the amount received by Revoluminary in exchange for Lesson's provided by you as an instructor, less any taxes Publisher withholds, within two (2) weeks after the close of any month in which Revoluminary receives full payment from the applicable user. Each Lesson may only have one designated instructor for the purpose of payment. Consistent with the foregoing, Revoluminary need not remit payment to an instructor for Revoluminary's internal installation or use of the Lesson or for any unpaid purchases. Revoluminary's service charge is charged to users as a separate line item in their purchase of a Lesson. This service charge is retained by Revoluminary as its fee for providing the Service. Revoluminary may withhold payment until the amount due reaches a reasonable minimum threshold as set by Revoluminary in accordance with its payment policy as described through the your online account with Revoluminary accessible via Revoluminary's website, which policy may be updated by Revoluminary at its sole discretion and at any time. Returns, refunds, chargebacks and other reversals incurred by Revoluminary in connection with purchases of the Lessons will be credited to Revoluminary against sales of Lessons. Revoluminary reserves the right to charge a fee to you as an instructor, if you are late to or miss scheduled Lessons, in addition to all other remedies, including termination of your Revoluminary account.
Revoluminary does not provide you with the equipment to access the Service. Revoluminary reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any fees that you have paid in advance if we permanently discontinue the Service.
Revoluminary reserves the right, at is sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, Revoluminary will revise the ÒLast UpdatedÓ date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Service following the posting of changes to the Agreement will be subject to the then current Terms of Service, which shall supersede all earlier versions.
You are solely responsible for the photos, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") in connection with a Lesson on the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Revoluminary. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Revoluminary a nonexclusive, irrevocable, perpetual, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you remove your User Content, the license granted above will expire, however you acknowledge that Revoluminary may retain archived copies of your User Content. Revoluminary does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
As such, you agree to indemnify and hold Revoluminary entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Revoluminary in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
While you own User Content that is uploaded by you to the Site, User Content created using the Service (ÒUser RecordingsÓ) may only be used by you in connection with the Service. For instance, lectures recorded on the Service are considered User Recordings. You are free to reuse the material you present in such lectures, but the recording of the lecture itself may only be used by you on the Service. You hereby grant Revoluminary an exclusive, irrevocable, perpetual, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Recordings on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Recordings, and to grant and authorize sublicenses of the foregoing.
Certain areas of the Site may be password restricted to registered users (ÒPassword-Protected AreasÓ). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Revoluminary if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Revoluminary of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
Revoluminary asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting User Content, participating in a Lesson, or otherwise using the Service, you agree not to:
- Use Revoluminary's facilities, services or resources (including the Site) in a manner with violates any applicable laws, regulations or third party rights;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) or others; use racially, ethnically, or otherwise offensive language; or use explicit or obscene language or solicit, transmit, or post sexually explicit images (actual or simulated) in connection with your use of the Site;
- Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;
- Use the Service in connection with any content for which you do not have the right to copy, transmit, modify, and play back or display;
- Post photographs of another person without such person's consent;
- Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Use Revoluminary's facilities, services or resources in a manner which interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission;
- Use Revoluminary's facilities, services or resources for commercial purposes, or for the benefit of any third parties; or
- Use the Service in a manner that Revoluminary reasonably deems to be inappropriate (e.g., unauthorized access, denial of service attacks, etc.)
EXCEPT AS EXPRESSLY PROVIDED HEREIN. REVOLUMINARY PROVIDES THE SITE ON AN ÒAS ISÓ BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE. REVOLUMINARY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge and agree that Revoluminary does not warrant that access to the service and the Site or the Service will be uninterrupted, error-free or without compromise or infiltration of security systems. Use of any information obtained via the Site or otherwise through the SERVICE is at your own risk. REVOLUMINARY specifically deny any responsibility for the accuracy or quality of information obtained through our site or services.
IN NO EVENT WILL REVOLUMINARY OR ITS THIRD PARTY PROVIDERS be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Revoluminary or its third party providers have been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Revoluminary or its third party providers for damages under this Agreement exceed one hundred dollars ($100.00).
You shall, at your expense, indemnify, hold harmless, and at Revoluminary's option and request, defend Revoluminary, our third party providers, and our officers, employees, and agents from any cost, expenses (including attorneys' fees), losses, damages or liabilities incurred arising out of your actual or alleged (i) failure to perform any obligation under this Agreement, or (ii) illegal, harmful or fraudulent conduct.
Revoluminary respects the intellectual property rights of others, and asks you to do the same. Revoluminary may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact Revoluminary at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Revoluminary's designated agent for notice of copyright infringement can be reached at:
Revoluminary, Inc.
Attention: Copyright Compliance Officer
2269 Chestnut St. #118
San Francisco, CA 94123
Email: contact@revoluminary.com
Enforcement of this Agreement will be governed by the laws of the State of California, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Service will lie in the State and Federal courts located in San Francisco County in the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Revoluminary to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Revoluminary in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Revoluminary without restriction. This Agreement comprises the entire agreement between you and Revoluminary and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Revoluminary can be reached using the following contact information:
Revoluminary, Inc.
2269 Chestnut St. #118
San Francisco, CA 94123
Email: contact@revoluminary.com
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