PLEASE READ ALL OF THE FOLLOWING USER AGREEMENT CAREFULLY AS IT CONTAINS INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
DHJW Software, LLC “dba” Zippy Courses (“Zippy Courses”) provides an online course creation platform that allows subscribers who wish to create, implement, share, and sell online courses (“Teachers”) . As used herein, the “Service” refers to the specific edition of the online webservice, analytical tools, or other services developed, operated, and maintained by Zippy Courses, to which Client is being granted access under these Terms. The Service is accessible at www.zippycourses.com, its mobile applications, and various online tools and services (collectively, the “Service”). The term “you,” “your,” or “User” where appropriate, may refer to either Teachers or Students. If you are accessing the Service on behalf of a company, corporation, or other entity, then “you,” “your,” and “User,” refers to that entity. The term “Courses” means online courses that are created, shared, and implemented by Teachers through the Service, and includes all course content, materials, and related information made available as part of the Course. The term “Students” refers to individual who sign up for and participate in Courses.
Acceptance of Terms. Should you NOT accept these Terms, you must neither access nor otherwise use the Service. Zippy Courses reserves the right to alter the Agreement at its sole discretion and with reasonable notice, except where a legal or administrative reason requires immediate amendment of these terms. We will notify you of amended terms by posting them on our login page. Use of the Service after posting of amended terms will be governed by those amended terms. These terms will govern any disputes arising before the effective date of the amended terms.
Age of User. This Service is intended to be accessed and used by individuals from within United States of America only, and Zippy Courses disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from other countries. By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. You hereby affirm that you are, at a minimum and without exception, 13 years old. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.
Grant of Rights.
- License. Subject to this Agreement, Zippy Courses policies, and to the extent permitted under all applicable laws and regulations, Zippy Courses grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable right and license to access and use the Service, including any subdomains provided you in connection with your use, for the purposes of creating and sharing a Course, taking a Course, and otherwise taking advantage of the Service offerings. This includes the right to view content available on the Service. Except for your right to sell Courses for use within the Service, you may not use or attempt to exploit the Service for any other commercial purposes.
- Restrictions. Except as expressly permitted herein or by Zippy Courses in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service, nor will you take any measures to interfere with or damage the Service. All rights not expressly granted by Zippy Courses are reserved.
Overview of Service.
- General. The Service offers a proprietary online course creation platform that provides tools for Teachers to create, implement, and share online courses in a variety of disciplines for participation by interested Students. Users have the ability to both create Courses and access, sign up for, and participate in Courses created by other users. Teachers are free to set all Course fees, class size, and other Course prerequisites or requirements. Students may sign up for any Courses in which they are eligible for, depending on Course criteria. Zippy Courses is not responsible for and cannot be held liable for any Course criteria set by a Teacher. Students should contact Teachers directly with any questions or concerns relating to a particular Course. For more information on the Service, the different Course offerings, and to learn how to take full advantage of the Service’s capabilities, visit http://www.zippycourses.com/
- Course Fees. Students are only billed for Courses that charge a Course Fee when the Student signs up directly for the Course. Course Fees are set directly by Teachers and are processed by independent third party payment providers. ZIPPY COURSES DOES NOT COLLECT OR REQUIRE PAYMENT OF ANY KIND FROM STUDENTS FOR THE USE OF THE SERVICE.
- Course Refunds. If you as a Student has any issue regarding Course Fees or believe you are entitled to a refund, you must contact the Teacher providing the Course directly. Zippy Courses will not be responsible to you for a refund, in whole or in part, of any Course Fee for any reason. Teachers accept the responsibility for providing refunds to Students in each Teacher’s own discretion. Zippy Courses will not be responsible, or liable for, and Teachers hereby agree, to fully indemnify Zippy Courses and its affiliates for refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Service.
- Third Party Integration. In providing the Service, Zippy Courses makes available various third party tools and customizations that Teachers can integrate into the Course, such as to process payments from Students (i.e. Stripe or PayPal). Whether you are a Teacher or Student, your use of such third party services are subject to their own terms of service. Zippy Courses is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.
- Platform Only. As stated above, Zippy Courses makes available an online platform only for its users. Except where otherwise stated, Zippy Courses does not create its own Courses and is in no way affiliated with the Teachers, their Courses, or the subject matter taught in such Courses. Unless explicitly specified otherwise in this Agreement or on the Service, Zippy Courses’ responsibilities are limited to facilitating the availability of the Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other registered users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Zippy Courses with respect to such actions or omissions by other users or third parties. Accordingly, should you have any questions or concerns regarding your interactions with other users, including the Courses themselves, we suggest that you consult the services of an appropriate third party (i.e. a competent industry professional) when you need assistance or clarification.
User Registration. Although you may browse the Service without registering, you will need to first register with the Service in order to access, create, and/or participate in a Course as either a Teacher or Student. If you choose to purchase a Subscription (as described more fully in Section 7 and on our Subscription Page), you will also need to register as part of the sign up process.
To be a registered user of the Service, you hereby agree to: 1) provide true, accurate and complete information, which may include your name, password, email address, and any other required information (“Registration Data”) as prompted by any Service registration form; and 2) maintain and promptly update your Registration Data to keep it accurate and complete. Zippy Courses reserves the right to suspend or terminate your access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete Registration Data.
You may be required to select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your own username and password, and you are solely and fully responsible for all activities occurring under your username and password. You must not allow others to use your account, and you must safeguard the confidentiality of your password. You agree to: 1) immediately notify Zippy Courses of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. Zippy Courses shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
Subscription Plans and Payment Terms.
- Subscription Plans. There is no fee for registering with the Service as a Student. However, in order to sign and use the Service as a Teacher, you must purchase one of Zippy Courses’ subscriptions. Zippy Courses offers both monthly and annual subscription options (each, a “Subscription”). Please see our Subscription Page for more information on features, pricing, and other key Subscription terms. Features and pricing are subject to change. BY PURCHASING A SUBSCRITION, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
- Payment Terms. If you purchase a Subscription for the Service, your account will be automatically billed on the anniversary date in which you purchased the Subscription. If you buy a monthly subscription (or annual subscription with a monthly payment plan), the anniversary date will occur, and you will be charged, on the same date of each month. If you buy an annual subscription, then you will be billed once per year on the same date in which you originally purchased the subscription. You will be automatically charged unless you cancel your Subscription or your Subscription is terminated in accordance with these Terms. Except as otherwise set forth herein, all payment obligations are non-cancelable and all amounts paid are nonrefundable. For more information on payment, please see our Subscription Page.
- Special Note – 12 Month Plan. As one of its Subscription options, Zippy Courses may make available an annual plan that allows for you to make monthly payments. For this plan, you understand and agree that you are responsible for the entire subscription amount regardless of if you attempt to cancel your Subscription prior to the expiration of the Subscription term.
- Subscription Term and Termination. Your Subscription commences on the date you purchase a Subscription, and will continue for the period set forth in the applicable Subscription, unless terminated in accordance with this Agreement. Following the term set forth in the Subscription (i.e. monthly or annual), this Agreement is automatically renewable for additional terms until you cancel your Subscription by providing written notice to Zippy Courses at: TERMINATION EMAIL. For monthly plans, you may terminate your Subscription at any time and you will not be charged any additional monthly fees. For annual plans, if you attempt to cancel your Subscription early, the Service will remain available to you – and you will remain obligated for all payments – until the end of the then-current term.
- Billing Information. Teachers who buy a Subscription agree to provide Zippy Courses with complete and accurate payment, billing and contact information. This information includes your legal (company) name, street address, email address, name and telephone number of an authorized billing contact (if different from yourself), and relevant payment information. Payment can be made by credit card. You agree to update this information prior to the next billing cycle and in no event later than 30 days of any change to it. If the contact and payment information you have provided is false or fraudulent, Zippy Courses reserves the right to terminate your Subscription and access to the Service in addition to any other legal remedies.
- Disputes. If you believe you have been incorrectly charged by Zippy Courses, you must contact Zippy Courses in writing within 30 days of the billing date for the charge in question to be eligible to receive an adjustment or credit.
- Refunds. Zippy Courses provides a thirty (30) day, no questions asked, full money back refund that begins on the date you first purchase a Subscription. If you wish to cancel during the first 30 days and receive the full refund, you must contact Zippy Courses at: [insert contact info]. If you fail to contact Zippy Courses in this time period, you will not be entitled to a refund. For more information, please see Zippy Courses Refund Policy.
- Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid for the Service provided under this Agreement (other than taxes on Zippy Courses income).
- Reservation of Rights. Zippy Courses reserves the right to modify its fees and charges and to introduce new charges, upon at least 30 days prior notice to you, which notice may be provided by email. Unless otherwise set forth in the notification, all pricing changes will take effect on the first applicable billing date after the 30 day notice period for your Subscription. All pricing terms are confidential, and you agrees not to disclose them to any third party.
Acceptable Use Policy.
Your Responsibilities. By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
- Your compliance with this Agreement;
- Taking appropriate security measures to prevent the unauthorized disclosure of your user passwords, login information, or other credentials used to access your account;
- The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Service;
- Complying with applicable state, federal and international laws, regulations, and ordinances with respect to your use of the Service;
- All activity that occurs under your account; and
- Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Service.
Restrictions on Use. You further agree not to:
- Use any content or information available through the Service for any unauthorized purpose;
- use the Service for any purpose, including, but not limited to creating Courses in violation of local, state, national, or international law;
- interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service;
- impersonate any person, company, or entity;
- restrict or inhibit any other user from using or enjoying the Service;
- intentionally or unintentionally violate any applicable law or regulation;
- Send or otherwise transmit to or through the Service chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- modify, sublicense, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
- assist any third party in doing any of the foregoing.
Your Content. The Service allows you to post or submit content (“Your Content”) to or through the Service including, without limitation, photographs, messages, course descriptions, documents, images, or any Course content, other information or audiovisual material. You are solely responsible for Your Content that you post or submit to or through the Service.
Zippy Courses does not monitor or approve all content, including Courses, posted or submitted to the Service by any other user; however, Zippy Courses may, in its sole and unfettered discretion, remove or delete any of Your Content.
As a condition of accessing and using the Service, you agree not to post or submit content that:
- is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
- violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
- promotes malice or harm of any kind against any group or individual;
- solicits user passwords, financial information, or personal identification for unlawful purposes;
- contains a virus, spyware, malware, or harmful software; or
- constitutes junk mail, unsolicited mass mail, or spam; or
- promotes the services of a direct competitor of Zippy Courses.
The foregoing is only a partial list of the kind of Your Content which is prohibited on the Service. Zippy Courses reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator's Service access.
Content License(s). As between you and Zippy Courses, you (or the appropriate third party) retain ownership over any of Your Content. By posting or submitting Your Content on the Service, you grant and represent and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Zippy Courses and its licensees, affiliates, successors, and assigns, an irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to host, use, reproduce, distribute, publish, display and otherwise make available Your Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, for the purpose of providing the Service to users and Zippy Courses’ marketing of the Service. This License shall terminate as soon as practicable upon the termination of your Subscription, except that Zippy Courses may retain Your Content for purposes of fulfilling its legal requirements.
You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce Your Content for non-commercial, personal purposes as permitted through the functionality of the Service. These rights are limited and non-sublicenseable.
You hereby waive, represent, and warrant (“Waiver”) that you have obtained the waiver of any and all moral rights in Your Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
You represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of Your Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit Zippy Courses and its licensees, affiliates, and successors to use such content in accordance with the foregoing License.
You further represent and warrant that Zippy Courses’s exercise of any of its rights under the license granted hereunder will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights, and complies with all applicable laws and regulations.
Proprietary Rights. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to Zippy Courses hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement or in writing by Zippy Courses, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Zippy Courses. You shall use the Service Content only for purposes that are permitted by this Terms of Service and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
Interactions with Other Service Users. You are solely responsible for interactions with other Service users. Zippy Courses shall not be responsible for any damage or harm resulting from your interactions with other users of the Service.
You understand that Zippy Courses does not screen users. Zippy Courses makes no representations or warranties as to user conduct. Zippy Courses reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any Your Content which Zippy Courses considers prohibited.
NEITHER ZIPPY COURSES NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE ZIPPY COURSES AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. ZIPPY COURSES AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY COURSES PROVIDED OR OFFERED TO YOU THROUGH THE SERVICE.
Links. The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) Zippy Courses shall not be responsible for the availability of such external sites or resources; and 2) Zippy Courses does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Zippy Courses 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 the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
Accessibility and Function. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; (iii) periodic maintenance procedures or repairs which Zippy Courses may undertake from time to time; or (iv) causes beyond the reasonable control of Zippy Courses or which causes are not reasonably foreseeable by Zippy Courses. Zippy Courses is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or Your Internet Service Provider (“ISP”).
Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for Your use of the Service including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Service.
Downtime. You acknowledge and agree that Zippy Courses may need to suspend performance under this Agreement in the event Zippy Courses’ access to necessary third-party technology is interrupted or to otherwise perform periodic upgrades and/or maintenance to the Service. Zippy Courses will make best efforts to secure an adequate substitute so as to resume providing the Services as quickly as possible, and in any event, Zippy Courses will use commercially reasonable efforts to give notice to you of any scheduled downtime associated with upgrades and maintenance to the Services via email communication or posted to your account.
Disclaimer. The Service, including, but not limited to the website and the entirety of its contents, is provided “AS IS” and Zippy Courses hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Zippy Courses expressly disclaims any representation that:
- the Service will meet your requirements;
- access to the Service will be uninterrupted, timely, secure, or error-free;
- any information obtained through or from the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations;
- any user-provided information will not be disclosed, in the absence of user-provided approval, to third parties; or
- any data or software errors will be corrected.
Zippy Courses shall not be held responsible for technical malfunctions of any telephone system, cable system, computer equipment, server, provider, or software. Zippy Courses shall not be held responsible for any injury or damage to your computer or mobile device resulting from use of the service including, but not limited to, web page viewing, file downloading, server use or access, or following Service links. You access the Service at your own risk and are singularly responsible for any loss, damage, or costs incurred during such activity. Zippy Courses shall not be responsible for any incorrect or inaccurate content posted on the Service, regardless of the cause of such inaccuracy. Zippy Courses shall not be responsible for any conduct of any user of the Service. Zippy Courses shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of your communication. No data or information obtained from Zippy Courses or the Service shall create any warranty.
The foregoing disclaimers shall not apply to the extent prohibited by applicable law.
Limits on Liability. Zippy Courses, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns (“Zippy Courses Parties”) shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the service, for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Service’s availability; 2) any changes to the Service; 3) the acts, omissions, or conduct of any user or third party, whether online or offline; 4) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; 5) any Service or Your Content; 6) any goods or services acquired as a result of any information obtained or transactions entered into through the Service; or 7) any use of goods or services made available on any internet resource or webpage linked through the Service, even if the Zippy Courses parties have been advised of the possibility of such damages.
In no event shall the Zippy Courses parties’ aggregate liability to you in any matter arising from or related to the Service or the Agreement, exceed: (1) FOR TEACHERS, THE AMOUNTS ACTUALLY PAID BY AND/OR DUE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR (2) FOR ALL OTHER USERS, THE SUM OF oNE-HUNDRED DOLLARS ($100).
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Zippy Courses’s liability is limited to the extent permitted by law.
Release. In consideration of being permitted to access and use the Service, you hereby agree to release the Zippy Courses Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third parties (including other users) in connection with the Service, your access and use of the Service, or the Courses.
In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says in substances:
“A general release does not extend to claims 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.”
Indemnification. You agree to indemnify and hold harmless the Zippy Courses Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Zippy Courses Party alleging that Your Content posted or submitted to the Service infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense Zippy Courses incurs in enforcing this Section. Zippy Courses reserves the right to control the defense and settlement of any action or proceeding against any Zippy Courses Party that you are bound to defend pursuant to the foregoing.
Term. For non-Subscription users of the Service, this Agreement begins on the date you first use the Service and continues so long as you maintain an account with Zippy Courses. For users who purchase a Subscription to the Service, this Agreement commences on the date you purchase a Subscription, and will continue for the period set forth in the applicable Subscription, unless terminated in accordance with this Agreement.
Account Deletion You may delete your account at any time. Non-Subscription user accounts (i.e. Students) may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription-based user accounts will remain active unless terminated by Zippy Courses or you explicitly ask Zippy Courses to delete it when you cancel your Subscription. In the event of account deletion for any reason, Your Content (including Courses you’ve created on the Service) may no longer be available. Zippy Courses shall not be responsible for the loss of such content.
Termination. Zippy Courses, in its sole and unfettered discretion, may terminate your access to the Service for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and you agree that: 1) Zippy Courses may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service or Your Content. You agree that Zippy Courses shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access. Zippy Courses reserves the right to block users from certain IP addresses from accessing the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).
Discontinuance of Service. Zippy Courses reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that Zippy Courses shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
Take-Down Requests, DMCA. Zippy Courses expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any user believes in good faith that any content on the Service violates or otherwise infringes upon any user’s rights, you are encouraged to contact Zippy Courses immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Service. To make such a request (“Take-Down Request”), you should provide the Zippy Courses designated agent, listed below, with:
- the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of
available at http://www.zippycourses.com/item123”);
- User’s name, mailing address, email address, and telephone number; and
- the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
- the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of
In accordance with the Digital Millennium Copyright Act (“DMCA”), Zippy Courses has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Agent: [Zippy Courses Copyright Agent]
Address: DHJW Software, LLC “dba” Zippy Courses
734 Franklin Avenue Suite #292
Garden City, NY 11530
Phone: (516) 399-0590
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Zippy Courses will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
Export Control. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of New York without regard to conflicts-of-laws principles that would require the application of any other law. Any proceeding arising out of or relating to this Agreement must be brought in the courts of New York City, New York, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding will be heard and determined only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement in any other court. The parties agree that either or both of them may file a copy of this Section with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. In any action at law or in equity to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements incurred both before and after judgment in addition to any other relief to which such party may be entitled.
- Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
- Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
- Contact. Any questions regarding these Terms may be directed to Zippy Courses’s administrators at email@example.com.
User Agreement © 2016 DHJW Software, LLC.