This page contains our full User Agreement. You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of the TauntonWorkshops.com Website. You will also have access to the software applications which relate to the Website. Your use of this Site, along with the Workshops and any downloadable class material related to it, constitutes your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and TauntonWorkshops.com.
1. Your Rights.
TauntonWorkshops.com grants you a non-exclusive, non-transferable, limited right to access, use and display its website and the materials provided hereon, provided that you comply fully with this Agreement. The contents of this Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2. The Site.
The Site is intended to serve as an online learning environment offering in-depth lessons (“Workshops”) that let you learn from experts you know and trust. Classes are organized in chapters and lessons that allow you to cover as much as you want whenever you want. The description of each Workshop will specify whether it’s for all skill levels or for a specific one – from beginner to advanced – so you can pick the ones that are right for you. The Site may offer related products which may be purchased through the Taunton online store.
- TauntonWorkshops.com hereby grants you permission to use the Site and/or Workshops as set forth in this User Agreement, provided that: (i) you have paid the fee required to enroll in any Workshop, (ii) you have set up a valid account and profile, (iii) your use of the Site and/or the Workshops is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Site or the Workshops in any medium without TauntonWorkshops.com’s prior written authorization; (v) you will not alter or modify any part of the Site or the Workshops other than as may be reasonably necessary to use the Website and the Workshops for their intended purpose; (vi) you will not reverse engineer or disassemble the Website or the Workshops (vii) you are at least 18 years of age; and (viii) you will otherwise comply with this User Agreement.
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment, and any service fees necessary to access the Workshops.
(c) For purposes of identification and billing, you agree to provide TauntonWorkshops.com with accurate, complete, and updated information, including your name, address, telephone number(s), and applicable payment information (e.g. email address, credit card number, and expiration date). You may access and update your account information at any time. Failure to comply with this provision (including without limitation falsification of any account information) may, at TauntonWorkshops.com's option, result in immediate suspension or termination of your right to use the Services.
(d) You agree to promptly update your account information in the event of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your account until you update your account information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your account is subject to use without your authorization, update your account information.
3. No-Commercialization Policy.
You agree to use the Site’s services only in a noncommercial manner and in compliance with TauntonWorkshops.com’s No-Commercialization Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any forum) any material containing any solicitation of funds, advertising, or solicitation for goods or services. We encourage you to report any apparent violation to us by email to [email protected].
4. Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips (collectively, the "Content") are owned or controlled by TauntonWorkshops.com which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of TauntonWorkshops.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of TauntonWorkshops.com or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of TauntonWorkshops.com or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Taunton Interactive, Inc.;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that TauntonWorkshops.com sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
TauntonWorkshops.com and other related marks used on these Sites are federally registered trademarks of Taunton Press, Inc.
TauntonWorkshops.com may make available to users of the Site email notices, newsletters, forums, message boards, bulletin board services, customer review services, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as "Discussions"). TauntonWorkshops.com cannot review all communications made on or through the Site. However, TauntonWorkshops.com reserves the right, but has no obligation, to monitor the Discussions and edit, modify or delete any materials which TauntonWorkshops.com in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any TauntonWorkshops.com policy.
6. Communicating with the Site.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Discussions. You shall not upload to, or distribute to, or otherwise publish through the Discussions any communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Discussions includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. TauntonWorkshops.com and its Affiliates do not endorse or accept any Discussions as its own or representative of its views.
7. Public Communications.
You acknowledge and agree that any Public Communications made to or by means of any portion of the Site are public. You acknowledge that
(i) you have no expectation of privacy in any Public Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and TauntonWorkshops.com by reason of your transmitting a Public Communication to any area of the Site. By transmitting any Public Communication to the Site, you grant to TauntonWorkshops.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such Public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
8. Unsolicited Email.
You agree not to use the Discussions or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by Taunton Interactive, Inc. in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.
9. Your password.
As part of the account setup process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Site, and agree that TauntonWorkshops.com will have no obligations with regard thereto.
11. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. TauntonWorkshops.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that TauntonWorkshops.com is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither TauntonWorkshops.com nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
12. Links to Other Sites.
13. Age restrictions.
You represent and warrant to TauntonWorkshops.com that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. If you are under 18, you may use this Site only with the involvement of a parent or guardian.
14. Financial responsibility.
You agree not to assign, transfer or sublicense your rights to your TauntonWorkshops.com account. You agree to be financially responsible for all usage or activity on your account.
You hereby agree to indemnify, defend and hold harmless TauntonWorkshops.com and its Affiliates from and against any and all liability and costs incurred by TauntonWorkshops.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. TauntonWorkshops.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TauntonWorkshops.com.
16. Disclaimer Of Warranty.
Except as expressly set forth herein, the Site (including all content, software, functions, materials and information made available thereon or accessed by means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, TauntonWorkshops.com and Affiliates make no warranties and shall not be liable for the use of the Site under any circumstances, including but not limited to negligence by TauntonWorkshops.com. TauntonWorkshops.com does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, that the Site will meet any particular criteria of performance or quality, or that the Site, including discussions or the server(s) on which the Site is operated, are free of viruses or other harmful components.
17. Limitation Of Liability.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, software or other material accessed through or obtained by means of the Site. Under no circumstances shall TauntonWorkshops.com or the Affiliates, or any provider of telecommunications or network services for TauntonWorkshops.com or the Affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use the Site, even if TauntonWorkshops.com, the Affiliates, or their providers of telecommunications or network services have been advised of the possibility of such damages. The total liability of TauntonWorkshops.com and the Affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby release TauntonWorkshops.com and the Affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TauntonWorkshops.com reserves the right to restrict, suspend or terminate your access to the Workshops in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If TauntonWorkshops.com terminates this Agreement based on a breach of any portion of this Agreement, TauntonWorkshops.com reserves the right to refuse to provide a Workshop to you in the future.
(a) To the Agreement.
TauntonWorkshops.com has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via email or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of TauntonWorkshops.com in providing the Site, including without limitation any change in the Content, or any change in the amount or type of fees associated with the services, is to cancel your account in accordance with the Sites' help instructions.
(b) To the Site.
TauntonWorkshops.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. TauntonWorkshops.com may also impose limits on certain features and services or restrict your access to parts or all of TauntonWorkshops.com Site without notice or liability.
This Agreement constitutes the entire agreement between you and TauntonWorkshops.com with respect to its Site and supersedes all prior agreements between you and TauntonWorkshops.com. Failure by TauntonWorkshops.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Connecticut (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.