WHEN YOU PURCHASED A CGMA CLASS AND NAVIGATE THROUGH OUR WEBSITE YOU AGREED TO THIS TERMS AND POLICY . BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES. NOTE: Please be aware that CGMA has created certain areas on the CG Master Workshops site, workshops and Q and A videos that contain adult or mature content. You must be at least 18 years of age to access and view such areas (example: nude or partially figures for figure drawing or anatomical references), or have prior written parental consent.
ACCEPTANCE OF TERMS
CGMA Online Inc. ("CGMA") welcomes you. The Service: Subject to the terms of this Agreement, Computer Graphics Master Academy, a California corporation ("Company") grants to you a limited, personal, non-transferable, and non-exclusive right to use the Educational services (the "Services") during the Term. Your use of the Services shall be strictly in accordance with this Agreement and our Acceptable Use Policy. CGMA provides the CGMA Master Classes (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.cgmasterclasses.com. By accessing and using the CGMA Master Classes, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular CGMA owned or operated services, you and CGMA shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. CGMA may also offer other services that are governed by different Terms of Service. For instance, different terms apply to members of www.cghub.com.
DESCRIPTION OF CGMA MASTER CLASSES
CGMA provides users with access to a rich collection of educational resources, including without limitation various communications tools, forums, shopping services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "CGMA Master Classes"). You also understand and agree that the CGMA Master Classes may be included in advertisements, and that these advertisements are necessary for CGMA to promote the CGMA Master Classes. You also understand and agree that the CGMA Master Classes may include certain communications from CGMA, such as service announcements, administrative messages and the CGMA Newsletter, and that these communications are considered part of CGMA membership. Unless explicitly stated otherwise, any new features that augment or enhance the current CGMA Master Classes, including the release of new CGMA properties, shall be subject to the TOS. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service. You understand and agree that the CGMA Master Classes are provided "AS-IS" and that CGMA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CGMA Master Classes, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the CGMA Master Classes.
You are solely responsible for providing your assignments to your teacher in a timely manner, and that instructor is not obligated to provide feedback to late assignment posted within or after week of due date had past. You agree to comply with our Acceptable Use Policy and all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations.
You understand that the technical processing and transmission of the CGMA Master Classes, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that CGMA has created certain areas on the CGMA Master Classes that contain adult or mature content. You must be at least 18 years of age to access and view such areas (example: nude or partially figures for figure drawing or anatomical references), or have prior written parental consent.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the CGMA Master Classes, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CGMA Master Classes under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CGMA Class registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CGMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CGMA has the right to suspend or terminate your account and refuse any and all current or future use of the CGMA Master Classes (or any portion thereof). CGMA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the CGMA Master Classes must create a CGMA Family Account. When you create a CGMA Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the CGMA Family Account. By adding a child to your CGMA Family Account, you also give your child permission to access many areas of the CGMA Master Classes, including, email, message boards and instant messaging (among others). Please remember that the CGMA Master Classes is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the CGMA Master Classes areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Payment: For access to and use of the Service, you agree to pay the amounts set forth in the Fee Schedule with Company. The Fee will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Service. Payments not paid when due shall be subject to automatic withdraw of the class(es) pre-registered. You agree to pay all attorney and collection fees arising from efforts to collect any past due amounts from you. Each class is eight (8) weeks long plus an extra week is given for material course review at the end of the term. Any cancellations must be within the first six (6) days of the first class and include a 15% administrative fee. See full refund policy at our website (www.cgmwmasterclasses.com)
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the CGMA Class Registration process, nevertheless the virtual classroom will go live on the date advertised in the website. Remember to add a phone number in our registration form in case we cannot contact you by email. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CGMA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. . Until you notify Company, you remain solely responsible for such unauthorized use and any damages that may result there from. CGMA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, SOFTWARE, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CGMA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CGMA Master Classes. Although monitored, CGMA does not control all the Content posted via the CGMA Master Classes comment system and user forums, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CGMA Master Classes comment system and user forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CGMA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CGMA Master Classes comment system and user forums.
Posts/comments in the classroom should not be of a negative or condescending tone or no constructive nature in regards towards others students, classroom layout or instructors. You can direct any suggestions or constructive criticism directly to the proper channels. If you have any suggestions or having any issue with the classroom please address them to: email@example.com, if it is about your instructor depending on its nature you can send it directly to him or to firstname.lastname@example.org. Participants of the classroom that repeatedly ignore this clause will put themselves at risk of being blocked out of the classroom and from future classes. Once blocked if it applies a partial refund will be issue and CGMA will reserve the right of accepting the participant in future classes.
You agree to not use the CGMA Master Classes to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a CGMA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the CGMA Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
upload, post, email, transmit 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;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the CGMA Master Classes are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the CGMA Master Classes or servers or networks connected to the CGMA Master Classes, or disobey any requirements, procedures, policies or regulations of networks connected to the CGMA Master Classes, including using any device, SOFTWARE or routine to bypass our robot exclusion headers;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that CGMA may or may not pre-screen Content, but that CGMA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CGMA Master Classes. Without limiting the foregoing, CGMA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CGMA or submitted to CGMA, including without limitation information in CGMA Message Boards and in all other parts of the CGMA Master Classes.
You acknowledge, consent and agree that CGMA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CGMA, its users and the public.
You understand that the CGMA Master Classes and SOFTWARE embodied within the CGMA Master Classes may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CGMA and/or content providers who provide content to the CGMA Master Classes. You may not attempt to override or circumvent any of the usage rules embedded into the CGMA Master Classes. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CGMA Master Classes, in whole or in part, is strictly prohibited.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE CGMA MASTER CLASSES
Regarding assignments submitted: Your assignment submissions will be treated as original work, plagiarism claims will fall completely on the individual/student that post the image in our virtual classroom. When in doubt of assignment submission origin the instructor will reserve the right to provide feedback to student.
CGMA does not claim ownership of Content you submit or make available for inclusion on the CGMA Master Classes. However, with respect to Content you submit or make available for inclusion on accessible areas of the CGMA Master Classes, you grant CGMA the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on accessible areas of CGMA site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CGMA Master Classes solely for the purposes of providing and promoting the specific CGMA site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the CGMA Master Classes and will terminate at the time you remove or CGMA removes such Content from the CGMA Master Classes.
With respect to photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the CGMA Master Classes, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CGMA Master Classes solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the CGMA Master Classes and will terminate at the time you remove or CGMA removes such Content from the CGMA Master Classes.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the CGMA Master Classes, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Accessible" areas of the CGMA Master Classes are those areas of the CGMA network of properties that are intended by CGMA to be limited to members. By way of example, accessible areas of the CGMA Master Classes would include CGMA commenting system and user forums. However, publicly accessible areas of the CGMA Master Classes would not include portions of the CGMA site that are limited to members.
CONTRIBUTIONS TO CGMA
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CGMA through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CGMA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CGMA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CGMA may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CGMA without any obligation of CGMA to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CGMA under any circumstances.
You agree to indemnify and hold CGMA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the CGMA Master Classes, your use of the CGMA Master Classes, your connection to the CGMA Master Classes, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF CGMA MASTER CLASSES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CGMA Master Classes (including Content, advertisements, SOFTWARE and your CGMA ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CGMA may establish general practices and limits concerning use of the CGMA Master Classes, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the CGMA Master Classes, the maximum number of email messages that may be sent from or received by an account on the CGMA Master Classes, the maximum size of any email message that may be sent from or received by an account on the CGMA Master Classes, the maximum disk space that will be allotted on CGMA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CGMA Master Classes in a given period of time. You agree that CGMA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the CGMA Master Classes. You acknowledge that CGMA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CGMA reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO CGMA MASTER CLASSES
CGMA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CGMA Master Classes (or any part thereof) with or without notice. You agree that CGMA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CGMA Master Classes (or any part thereof).
Term and TERMINATION
You may terminate your CGMA account, any associated email address and access to the CGMA Master Classes by submitting such termination request to CGMA.
You agree that CGMA may, without prior notice, immediately terminate, limit your access to or suspend your CGMA account, any associated email address, and access to the CGMA Master Classes. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines here described, (b)requests by law enforcement or other government agencies, (c) violates any intellectual property rights of Company or a third party, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CGMA Master Classes, h) violates any export or import regulations, i) May expose Company to potential legal liability. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CGMA's sole discretion and that CGMA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CGMA Master Classes.
Termination of your CGMA account includes any or all of the following: (a) removal of access to all or part of the offerings within the CGMA Master Classes, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CGMA Master Classes. You remain liable for the full class or classes you registered during which your Service is suspended or terminated.
The CGMA Master Classes may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CGMA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CGMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CGMA'S PROPRIETARY RIGHTS
You acknowledge and agree that the CGMA Master Classes and any necessary software used in connection with the CGMA Master Classes ("Site") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or information presented to you through the CGMA Master Classes or by its contractors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CGMA or the applicable licensor (such as an instructor), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CGMA Master Classes, such Content or the Site, in whole or in part.
CGMA grants you a personal, non-transferable and non-exclusive right and license to use its Site granted you agree not to access the CGMA Master Classes by any means other than through the interface that is provided by CGMA for use in accessing the CGMA Master Classes. You agree not to modify the Site in any manner or form, nor to use modified versions of the site, including (without limitation) for the purpose of obtaining unauthorized access to the CGMA Master Classes.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE CGMA MASTER CLASSES AND SITE ARE AT YOUR SOLE RISK. THE CGMA MASTER CLASSES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CGMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CGMA MASTER CLASSES OR SITE WILL MEET YOUR REQUIREMENTS; (ii) THE CGMA MASTER CLASSES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CGMA MASTER CLASSES OR SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CGMA MASTER CLASSES OR SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CGMA MASTER CLASSES OR SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CGMA OR THROUGH OR FROM THE CGMA MASTER CLASSES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CGMA SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CGMA SERVICE. IMMEDIATELY DISCONTINUE USE OF THE CGMA MASTER CLASSES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CGMA SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CGMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CGMA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CGMA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CGMA SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CGMA may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the CGMA Master Classes, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the CGMA Master Classes in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the CGMA Master Classes in an authorized manner.
You agree that all of CGMA's trademarks, trade names, service marks and other CGMA logos and brand features, and product and service names are trademarks and the property of CGMA Online Inc. (the "CGMA Marks"). Without CGMA's prior
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CGMA respects the intellectual property of others, and we ask our users to do the same. CGMA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CGMA's site administrator the following information:
an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CGMA's site administrator can be reached as follows:
By phone: 1-800-959-0316
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and CGMA and governs your use of the CGMA Master Classes, superseding any prior version of this TOS between you and CGMA with respect to the CGMA Master Classes. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CGMA Master Classes, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and CGMA each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CGMA, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and CGMA agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of CGMA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CGMA account is non-transferable and any rights to your CGMA ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CGMA Master Classes or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org
WHEN YOU PURCHASED ANY OF OUR PRODUCTS YOU ACKNOWLEDGED THAT YOU HAVE COMPLETELY READ AND ACCEPT THIS END OF USER AGREEMENT AND TERM OF SERVICE POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES BY CONTACTING US AND APPLY TO THE CONSEQUENSES OF OUR REFUND POLICY.