This is a legal agreement between you (“you” or “user”) and Swanburne that states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of Swanburne’s rules and policies collectively constitute this “Agreement” between you and Swanburne. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SITE.
- Site Access License. Swanburne grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal (including immediate family members), non-commercial use of the Sites or their content and not to modify all or any portion of the Sites and their content. This license does not include any resale or commercial use of the Sites or their contents; any derivative use of the Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Swanburne’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Swanburne, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
- Copyright and Ownership.All of the content -- with the express exception of that uploaded content which is deemed to be a “Subscriber Submission,” as expressly described in Section 5 hereinbelow – that is featured or displayed on the Sites, including without limitation text, graphics, curriculum, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Swanburne. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or otherwise use any images on the Sites attributed to third parties (including Subscriber Submissions). Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or other information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of Swanburne unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.
- Trademarks/No Endorsement. All trademarks, service marks and trade names of Swanburne used on the Sites (including but not limited to: the Swanburne name, corporate logo, the Sites name, the Sites design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Swanburne or its affiliates, sponsors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Swanburne’s prior written consent. The use of the Marks on any other web site or network computer environment is not allowed. Swanburne prohibits the use of the Marks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You shall not use Swanburne’s name, Maryrose Wood’s name or any language, pictures or symbols which could, in Swanburne’s judgment, imply Swanburne’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
- Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information as prompted by the Sites’ registration page (such information being 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 Swanburne has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swanburne may suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- Subscriber Submission Policy. Where Swanburne, as part of its Content, has specifically invited or requested submissions, Swanburne encourages its subscriber members and their families to submit (upload) ORIGINAL user-created content (e.g., comments, art, essays, stories, poems, music, drawings, cartoons, short films, academic projects, etc.) to Swanburne for posting in the Site’s “gallery” section, or elsewhere on the Site at Swanburne’s sole discretion (“Subscriber Submissions”). Each Subscriber Submission remains the intellectual property of the individual member, except to the extent that they utilize or incorporate any of Swanbure’s proprietary Content, characters and/or quotes. You warrant and agree that all Subscriber Submissions are original and do not infringe on the intellectual property rights of any third parties. By posting subscriber-generated content on our Site, you expressly grant Swanburne a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Subscriber Submission and your profile information, including your voice and/or likeness as contained in your Subscriber Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, publicity, in perpetuity throughout the universe. Any such Subscriber Submissions are deemed non-confidential and Swanburne shall be under no obligation to maintain the confidentiality of any public-facing information about the subscriber, contained in any Subscriber Submission.
- Inappropriate User Submissions.Swanburne does not encourage, and does not seek Subscriber Submissions that result from any activity that violates a wholesome, respectful, age-appropriate community standard, including, without limitation any submissions that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing Subscriber Submissions. If Swanburne receives notice that a Subscriber Submission allegedly violates any provision of this Agreement, Swanburne reserves the right to determine, in its sole discretion, to determine if such a violation has occurred, and to remove, curate or de-list any such Subscriber Submission from the Site at any time and without notice.
- Linking to the Sites.Creating or maintaining any link from another web site to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, the Sites may contain links to third-party websites that are not owned, operated or controlled by Swanburne. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, racially or ethnically offensive, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that the posting of advertisements or solicitations of business orsending unsolicited email advertisements to any user of the Sites or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or our other rules or policies, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in creation of Subscriber Submissions and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.
- Representations and Warranties. You represent that you are over the age of 13, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Sites and Services is and will be in compliance with all applicable laws, rules, and regulations. Furthermore, you are solely responsible for your own Subscriber Submissions and the consequences of posting or publishing them. In connection with Subscriber Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 5; (ii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iii) you were not and are not acting on behalf of, or as a representative of, any other party in connection with the Subscriber Submission; (iv) the Subscriber Submission and Swanburne’s use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (v) you are not, nor is any other person who appears in your Subscriber Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (vi) you have not and will not engage in any of the following in connection with the production of or contribution(s) to your Subscriber Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) the Subscriber Submission does not contain: (a) material falsehoods or misrepresentations that could harm swanburne or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
- Disclaimers. Your use of the Sites and Services is at your risk. The information, materials and services provided on or through the Sites are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Swanburne does not warrant the accuracy or completeness of the information, materials or services provided on or through the sites. The information, materials and services provided on or through the Sites may be out of date, and Swanburne does not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. No advice or information, whether oral or written, obtained from Swanburne or through the Sites and Services will create any warranty not expressly made herein.
- Limitations Of Liability. Swanburne does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this/these Sites, or your downloading of any information or materials from this/these Sites. In no event will Swanburne, or any of its officers, directors, employees, members, managers, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Sites, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Sites, any sites linked to the sites, or the materials, information or services contained on any or all such Sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Swanburne shall not be liable for Subscriber Submissions 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 foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL SWANBURNES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS (US $25.00).
- Indemnity. You agree to defend, indemnify and hold Swanburne and any affiliated individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Internet or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any Subscriber Submission that you provide to Swanburne; or (vi) any other party’s access and use of the Sites with your unique username and password.
- Release. In the event that you have a dispute with one or more other users of the Sites, you release Swanburne (and our officers, members, managers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Termination.You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. We may also block your access to our Sites in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. Termination of our Subscription Products is also subject to our cancellation and refund policies (see Section 19.2).
- Force Majeure. Neither Swanburne nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Subscription Terms of Sale. These terms of sale govern the sale of subscriptions for access to our content (the “Subscription Products”). The Subscription Products include all or portions of the Sites that are offered for a subscription fee. You are not required to purchase anything for certain limited use of the Sites. However, if you do not purchase a subscription, your access to the Sites’ content and services may be limited. We reserve the right to modify the content, type and availability of any Subscription Product at any time. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time.
- Auto-renewing Subscription. Your Subscription Products will auto-renew at the end of the billing cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription or it is terminated by Swanburne.
- Method. You can pay for your subscription by PayPal or with a major credit card (“Payment Method”). If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.
- Recurring Billing. By placing an order for a Subscription Product, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period to your Payment Method. We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, we will notify you and ask that you provide us a new Payment Method promptly or your subscription will be canceled. You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your Payment Method for such varying amounts each Billing Period.
- Price Changes. We reserve the right to change subscription fees at any time. We will notify you no less than thirty (30) days in advance of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to accept the new subscription fee or cancel your subscription.
- Billing Period. We will charge the subscription fee at the commencement of your subscription, if applicable, and automatically every thirty (30) days thereafter unless and until your subscription is cancelled.
19.2. Cancellations and Refunds
- Cancellations. You can cancel your subscription at any time by logging in and going to your account management page, but the cancellation will become effective at the end of your current Billing Period. Accordingly, when you cancel, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. You will continue to have access to your subscription for the remainder of the Billing Period.
- Refunds. Payments are non-refundable, and there are no refunds or credits for partially used Billing Period.
- Any claim relating to, and the use of, the Sites and the materials contained herein is governed by the laws of the state of California. You consent to the exclusive jurisdiction of the state and federal courts located in the Central District and City of Los Angeles. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- You agree that this Agreement and all incorporated agreements may be automatically assigned by Swanburne in our sole discretion.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Subscriber Submission Policy), 11 (Representations and Warranties), 12 (Disclaimers), 13 (Limitations of Liability), 14 (Indemnity), 15 (Release), 20 (General), and 22 (Entire Agreement) shall survive any termination or expiration of this Agreement.
- Digital Millennium Copyright Act (“DMCA”) Notice. In operating the Sites, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Swanburne has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites. Swanburne has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Swanburne or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Maryrose Wood, 852 Serrano Place, Los Angeles, CA 90029, [email protected].
21.1 Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Sites that you claim is infringing, with enough detail so that we may locate it on the Sites;
iii. 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 declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
21.2 We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Entire Agreement. This Agreement is the entire agreement between you and Swanburne and supersedes any prior understandings or agreements (written or oral).
- Additional Assistance. If you do not understand any of the foregoing terms of this Agreement or if you have any questions or comments, we invite you to contact [email protected]
- Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2019, The Swanburne Academy, LLC. ALL RIGHTS RESERVED.
LAST UPDATED: AUGUST 9, 2019