Terms of Use for Craftsy and Sympoz
Date of Last Revision – February 16, 2012
Sympoz Inc., a Delaware corporation (“Sympoz”) is pleased to present the websites www.sympoz.com, www.craftsy.com and such other URLs as may be designated in the future by Sympoz (the “Websites”). By using and/or visiting the Websites, including any Content, Instructor Submissions and User Submissions (each as defined below) available through the Websites, you assent to these terms and conditions (the “Terms of Use”), the terms and conditions of our Privacy Policy (the “Privacy Policy”) and the Craftsy Challenges Contest Rules, to the extent applicable (the “Contest Rules” and, together with the Terms of Use and the Privacy Policy, the “Website Conditions”), which are published on the Websites, and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Websites.
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 Websites
The Websites are 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 Websites. The Websites 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. Users may also use pages provided on the Websites as a venue to offer, sell and buy certain items (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 (Craftsy Marketplace) below). Users may also participate in Challenges (as defined below).
2. Access to the Websites
A. Sympoz hereby grants you permission to use the Websites as set forth in these Terms of Use, provided that: (i) you have paid fees (if you are enrolled in any Course), (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Websites as permitted is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites in any medium without Sympoz’s prior written authorization; (v) you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for their intended purpose; (vi) you are at least 18 years of age; and (vii) you will otherwise comply with Website Conditions.
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 Websites 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 Websites 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 Websites 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 Websites 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 Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
E. The Websites may contain links to third-party websites that are not owned or controlled by Sympoz. Sympoz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Sympoz will not and cannot censor or edit the content of any third-party site which is linked to the Websites. By using the Websites, you expressly relieve Sympoz from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website that you visit.
3. Craftsy Marketplace
A. Sympoz acts as a venue to allow Users who comply with the Website Conditions to offer, sell and buy certain goods within a fixed-price format. Sympoz is not directly involved in the transaction between buyers and sellers. As a result, Sympoz has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Sympoz does not pre-screen Users or the information provided by Users in offering, selling or buying goods. Sympoz cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Sympoz does not transfer legal ownership of items from the seller to the buyer. Sympoz cannot guarantee the true identity, age or nationality of a User. Sympoz encourages you to communicate directly with potential transaction partners through the tools available on the Websites and to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
B. You agree that Sympoz is a venue and as such 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 Websites. Your interactions with Users found on or through the Websites, 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 Websites at your own risk.
C. By listing an item on the Websites 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 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 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.”
4. 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, email address, telephone number, address and credit card details (“Private Information”) which Sympoz 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 the Websites, 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, your participation in Courses, your interaction with Instructors, Teaching Assistants and other Users, and your participation in Challenges and your offering, buying or selling of items (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.
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 Sympoz 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 Website Conditions. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sympoz, you hereby grant Sympoz 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 Websites and otherwise in connection with Sympoz’s (and its successors’ and assigns’) business, including without limitation for marketing purposes and promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Use.
E. Private Information may be used in a de-identified, aggregated manner by Sympoz (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 Sympoz 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 Sympoz violate the Website Conditions 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 Websites or provide to Sympoz. Sympoz does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Sympoz expressly disclaims any and all liability in connection with User Submissions.
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, 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 Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites; (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 Websites 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 Websites; 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 Websites, or which may expose Sympoz, the Websites or its Users to any harm or liability of any type.
I. Sympoz does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Sympoz 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. Sympoz reserves the right to remove Content, User Submissions or Instructor Submissions without notice. Sympoz may also terminate a User’s access to its Websites 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 more than once. Sympoz also reserves the right to decide whether User Submissions are appropriate and comply with the Website Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Sympoz may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Website Conditions at any time, without prior notice and at its sole discretion.
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 contact@sympoz.com, or contact@craftsy.com via regular mail to:
Sympoz Inc.
2150 W. 29th St., 4th Floor
Denver, CO 80211
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 Websites, 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 Websites.
5. Intellectual Property Rights
A. “Content” means all content on the Websites, 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 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 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 Websites for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any website or publication of any sort which is competitive with the Websites. For the sake of clarity, a website 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 Websites or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Websites or the Content and User Submissions therein.
6. Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITES 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 WEBSITES 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 WEBSITES’ CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES 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 WEBSITES, (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 WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES 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 WEBSITES. SYMPOZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES 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.
7. 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 WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 5, 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 Websites are controlled and offered by Sympoz from its facilities in the United States of America. Sympoz makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Sympoz 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 Websites; (ii) your violation of any term of the Website Conditions ; (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.
9. Termination
Sympoz may terminate your membership, delete your account and any User Submission that you have posted on the Websites and/or prohibit you from using or accessing the Websites (or any portion, aspect or feature of the Websites) 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 Websites, your obligations hereunder shall survive indefinitely.
10. Ability to Accept Website Conditions
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 Website Conditions, and to abide by and comply with the Website Conditions.
11. General
You agree that: (i) the Websites shall be deemed solely based in Colorado; and (ii) the Websites shall be deemed passive websites that do not give rise to personal jurisdiction over Sympoz, either specific or general, in jurisdictions other than the State of Colorado. The Website Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sympoz without restriction. You agree that Sections [] 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 Website Conditions shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Sympoz that arises in whole or in part from the Websites shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado. These Terms of Use, together with the Privacy Policy, the Contest Rules and any other legal notices published by Sympoz on the Websites, shall constitute the entire agreement between you and Sympoz concerning the Websites. If any provision of the Website Conditions 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 Website Conditions, which shall remain in full force and effect. No waiver of any term of this the Website Conditions shall be deemed a further or continuing waiver of such term or any other term, and Sympoz’s failure to assert any right or provision under the Website Conditions shall not constitute a waiver of such right or provision. Sympoz reserves the right to amend the Website Conditions at any time and without notice, and it is your responsibility to review the Website Conditions for any changes. Your use of the Websites following any amendment of the Website Conditions will signify your assent to and acceptance of the revised terms of any component thereof.
Sympoz Inc.