Terms of Use

 

Date of Last Revision – September 25th, 2012

 

Thrive Art School LLC, ("THRIVE") is pleased to present the website www.thriveart.com and the software applications which relate to the Websites and which are provided for use on mobile devices (the "Applications" and, together with the Websites, the "Portal").

 

By using and/or visiting the Websites, including any Content, User Submissions (each as defined below) available through the Websites, and/or by installing one or more Applications, you assent to these terms and conditions (the "Terms of Use") which Terms of Use include and incorporate by reference the terms and conditions of our Privacy Policy (the "Privacy Policy") which is published on the Portal. If you do not agree to any of these terms, then please do not use the Portal.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

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. 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.

 

2. Access to the Portal

A. THRIVE hereby grants you permission to use the Websites and/or Applications as set forth in these Terms of Use, provided that: (i) you have paid fees, if required, to enroll in any Course or to use an Application (including, without limitation, "in-app payments" made through the Apple Store in respect of certain Applications), (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Websites and/or the Applications, as permitted, is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without THRIVEŐs prior written authorization; (v) you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites and the Applications for their intended purpose; (vi) you will not reverse engineer, disassemble or an Application; (vii) you are at least 18 years of age; and (viii) you will otherwise comply with Terms of Use.

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 outside of your immediate household 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 THRIVE immediately of any breach of security or unauthorized use of your account. Although THRIVE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of THRIVE or others due to such unauthorized use.

 

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 THRIVE 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, THRIVE 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. THRIVE 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.

 

2. Applications

A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.

 

B. THRIVE 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. THRIVE 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. THRIVE 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. Profiles, User Submissions and Instructor Submissions

A. In order to create an account, you will be required to submit certain private information which may include your name, childŐs name and birthday, email address, telephone number, address and credit card details ("Private Information") which THRIVE may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.

 

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 an optional profile picture (which may be a photograph or image provided by you or an avatar selected from options provided by THRIVE).

 

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.

 

D. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize THRIVE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions to enable inclusion and use of them in the manner contemplated by the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to THRIVE, you hereby grant THRIVE a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform User Submissions, as well as information which is obtained from any linked website, Facebook page or Twitter feed, on the Portal and otherwise in connection with THRIVE's business, including without limitation for marketing purposes and promoting and redistributing part or all of the Portal (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Portal a non-exclusive license to access your User Submissions through the Portal, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Portal and under these Terms of Use.

E. Private Information may be used in a de-identified, aggregated manner by THRIVE (and its successors and assigns) in connection with its and their business, including, without limitation, for purposes of statistical and demographic analysis and for marketing and promotional purposes (as more specifically described in the Privacy Policy).

 

F. You understand and agree that THRIVE may, but is not obligated to, review the User Submissions and may delete or remove (without notice) all or any portion of any User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of THRIVE violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store on the Portal or provide to THRIVE. THRIVE does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and THRIVE expressly disclaims any and all liability in connection with User Submissions.

 

G. 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 THRIVE all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage THRIVE 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 THRIVE, 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 THRIVE, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose THRIVE, the Portal or its Users to any harm or liability of any type.

 

H. THRIVE does not permit copyright infringing activities and infringement of intellectual property rights on its Portal, and THRIVE may remove all Content, User Submissions or Instructor Submissions if properly notified that such Content, User Submissions or Instructor Submissions infringes on another's intellectual property rights. THRIVE reserves the right to remove Content, User Submissions or Instructor Submissions without notice. THRIVE may also terminate a User's access to its Websites and Applications if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Submissions removed from the Websites and/or Applications more than once. THRIVE also reserves the right to decide whether User Submissions are appropriate and comply with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. THRIVE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion.

 

I. 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 THRIVE 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 info@thriveart.com or via regular mail to:

 

DMCA Issues

Thrive Art School LLC
6539 Ravenna Ave NE
Seattle, WA 98115

 

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.

 

J. You understand that when using the Portal, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that THRIVE 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 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 THRIVE with respect thereto, and agree to indemnify and hold THRIVE, 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.

 

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6. Intellectual Property Rights

A. "Content" means all content on the Websites and Applications, except for all User 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 Videos 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 THRIVE, (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 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. THRIVE 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, 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 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 THRIVE 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.

 

7. Disclaimers

YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THRIVE 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 THRIVE 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. THRIVE 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 THRIVE 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 THRIVE 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 THRIVE 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 THRIVE from its facilities in the United States of America. THRIVE 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.

 

9. Indemnity

You agree to defend, indemnify and hold harmless THRIVE and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Portal; (ii) your violation of any term of the Terms of Use ; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

 

10. Termination

THRIVE 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.

 

11. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

 

12. General

You agree that: (i) the Portal shall be deemed solely based in Washington; and (ii) the Portal shall be deemed "passive" and shall not give rise to personal jurisdiction over THRIVE, either specific or general, in jurisdictions other than the State of Washington. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THRIVE without restriction. You agree that Sections 7, 8 and 9 of these Terms of Use are, and are intended to be, for the benefit of Instructors and Teaching Assistants and those Sections confer enforceable rights and remedies upon such Instructors and Teaching Assistants. The Terms of Use shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and THRIVE that arises in whole or in part from the Portal shall be decided exclusively by a court of competent jurisdiction located in the State of Washington. These Terms of Use, together with the Privacy Policy, the Contest Rules and any other legal notices published by THRIVE on the Portal, shall constitute the entire agreement between you and THRIVE concerning the Portal. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and THRIVE's failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. THRIVE reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Portal following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.