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Terms of Use
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1. ACCEPTANCE OF TERMS
Welcome to Private Lessons Channel ("Private Lessons Channel"), the
informal adult learning site owned and operated by Digital Directions
International, Inc. Private Lessons Channel provides its Channel to
you, subject to the following Terms of Use ("TOU"), which may be updated
by us from time to time without notice to you. You can review the
most current version of the TOU at any time at the terms of use page.
In addition, when using particular Private Lessons Channel Channels,
you and Private Lessons Channel shall be subject to any posted guidelines
or rules applicable to such Channels that may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the TOU. Private Lessons Channel also may offer other Channels
from time to time that are governed by different Terms of Use rules
and regulations.
2. DESCRIPTION OF CHANNEL
Private Lessons Channel currently provides users with access to highly
engaging interactive lessons and other on-line resources, including
various communications tools, online forums, shopping Channels, and
branded programming (the "Channel"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Channel, including
the release of new Private Lessons Channel properties, shall be subject
to the TOU. You understand and agree that the Channel is provided
"AS-IS" and that Private Lessons Channel assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
3. PRIVATE LESSONS CHANNEL PRIVACY POLICY
Any information you provide to Private Lessons Channel about you is
subject to our Privacy Policy. For more information, please see our
full Privacy Policy.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not Private Lessons Channel, are entirely responsible for
all Content that you upload, post, email or otherwise transmit via
the Channel. Private Lessons Channel does not control the Content
posted via the Channel and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using
the Channel, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Private Lessons Channel
be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Channel.
You agree to not use the Channel to:
a. upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a Private Lessons Channel officer, forum leader, tutor, guide or host,
or falsely state or otherwise misrepresent your affiliation with a
person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Channel;
e. upload, post, email or otherwise transmit any Content that you
do not have a right to transmit 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);
f. upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Channel are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Channel or servers or networks connected
to the Channel, or disobey any requirements, procedures, policies
or regulations of networks connected to the Channel;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Private Lessons Channel does not pre-screen Content,
but that Private Lessons Channel and its designees shall have the
right (but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Channel. Without limiting
the foregoing, Private Lessons Channel and its designees shall have
the right to remove any Content that violates the TOU 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 Private Lessons Channel or submitted to Private Lessons Channel,
including without limitation information in the Channel.
You acknowledge and agree that Private Lessons Channel may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the TOU; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of Private Lessons Channel, its users and the public.
You understand that the technical processing and transmission of the
Channel, 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.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
6. PUBLIC CONTENT POSTED TO PRIVATE LESSONS CHANNEL
(a) For purposes of the TOU, "publicly accessible areas of the Channel"
are those accessible by the general public. By way of example, a publicly
accessible area of the Channel would include public Private Lessons
Channel lesson chat rooms.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Private Lessons Channel or that consists of photographs
or other graphics you elect to post to any other publicly accessible
area of the Channel, you grant Private Lessons Channel the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt
and publish such Content on the Channel solely for the purpose of
displaying, distributing and promoting the specific Private Lessons
Channel lesson to which such Content was submitted, or, in the case
of photographs or graphics, solely for the purpose for which such
photograph or graphic was submitted to the Channel. This license exists
only for as long as you elect to continue to include such Content
on the Channel and shall be terminated at the time you delete such
Content from the Channel.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Channel, you grant Private Lessons Channel
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed.
7. INDEMNITY
You agree to indemnify and hold Private Lessons Channel, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
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 to or transmit through the Channel, your use of the Channel,
your connection to the Channel, your violation of the TOU, or your
violation of any rights of another.
8. NO RESALE OF CHANNEL
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Channel, use of the
Channel, or access to the Channel.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Private Lessons Channel may establish general
practices and limits concerning use of the Channel, including without
limitation the maximum number of days that message board postings
or other uploaded Content will be retained by the Channel, the maximum
number of messages that may be sent from or received by an account
on the Channel, the maximum size of any message that may be sent from
or received by an account on the Channel, the maximum disk space that
will be allotted on Private Lessons Channel's servers on your behalf,
and the maximum number of times (and the maximum duration for which)
you may access the Channel in a given period of time. You agree that
Private Lessons Channel 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 Channel. You acknowledge
that Private Lessons Channel reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge
that Private Lessons Channel reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.
10. MODIFICATIONS TO CHANNEL
Private Lessons Channel reserves the right at any time to modify or
discontinue, temporarily or permanently, the Channel (or any part
thereof) with or without notice. You agree that Private Lessons Channel
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Channel.
11. TERMINATION
You agree that Private Lessons Channel, in its sole discretion, may
terminate your use of the Channel, and remove and discard any Content
within the Channel, for any reason, including, without limitation,
for lack of use or if Private Lessons Channel believes that you have
violated or acted inconsistently with the letter or spirit of the
TOU. Private Lessons Channel may also, in its sole discretion and
at any time, discontinue providing the Channel, or any part thereof,
with or without notice. You agree that any termination of your access
to the Channel under any provision of this TOU may be effected without
prior notice, and acknowledge and agree that Private Lessons Channel
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Channel. Further, you agree that Private Lessons
Channel shall not be liable to you or any third-party for any termination
of your access to the Channel.
12. DEALINGS WITH THIRD PARTY COURSE PROVIDERS, ADVERTISERS AND
SPONSORS
Your correspondence or business dealings with, or participation in
promotions of, course providers, advertisers and sponsors found on
or through the Channel, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such third parties. You agree that Private Lessons Channel
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such third parties on the Channel.
13. LINKS
The Channel may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Private Lessons Channel
has no control over such sites and resources, you acknowledge and
agree that Private Lessons Channel 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 Private Lessons Channel 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.
14. PRIVATE LESSONS CHANNEL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Channel and any necessary software
used in connection with the Channel ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Channel or advertisers is protected by copyrights, trademarks,
Channel marks, patents or other proprietary rights and laws. Except
as expressly authorized by Private Lessons Channel or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Channel or the Software, in whole or
in part.
Private Lessons Channel grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to the Channel. You agree not to access the Channel by any
means other than through the interface that is provided by Private
Lessons Channel for use in accessing the Channel.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE CHANNEL IS AT YOUR SOLE RISK. THE CHANNEL IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRIVATE LESSONS CHANNEL EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PRIVATE LESSONS CHANNEL MAKES NO WARRANTY THAT (i) THE CHANNEL
WILL MEET YOUR REQUIREMENTS, (ii) THE CHANNEL WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE CHANNEL WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, CHANNELS, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE CHANNEL WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE CHANNEL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM PRIVATE LESSONS CHANNEL OR THROUGH OR FROM THE CHANNEL SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
e. THE CONTENT ON THE PRIVATE LESSONS CHANNEL SITE IS PRESENTED IN
SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE
FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE
REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER CHANNEL
OFFERED BY OR THROUGH PRIVATE LESSONS CHANNEL OR THE PRIVATE LESSONS
CHANNEL SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR
TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF SOMETHING YOU HAVE READ ON THE PRIVATE LESSONS CHANNEL SITE!
Private Lessons Channel does not recommend or endorse any specific
test, products, or procedures that may be mentioned on the Site. Any
opinions expressed on the Site are the opinions of the authors. Private
Lessons Channel does not assume any liability for the contents of
any material provided on the Site. Reliance on any information provided
by Private Lessons Channel, its experts, or other visitors to the
Site is solely at your own risk. Private Lessons Channel and its experts
assume no liability or responsibility for damage or injury to persons
or property arising from any use of any product, information, idea,
or instruction contained in the materials provided to you. Private
Lessons Channel reserves the right to change or discontinue at any
time any aspect or feature of this Site.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRIVATE LESSONS CHANNEL SHALL
NOT BE LIABLE FOR ANY DIRECT, 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
PRIVATE LESSONS CHANNEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
CHANNEL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND CHANNELS
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE CHANNEL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE CHANNEL; OR (v) ANY OTHER MATTER RELATING TO THE CHANNEL.
17. 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 15
AND 16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Channel
may also provide notices of changes to the TOU or other matters by
displaying notices or links to notices to you generally on the Channel.
19. TRADEMARK INFORMATION
Private Lessons Channel, the Private Lessons Channel logo, Digital
Directions International, Inc., and other Private Lessons Channel
logos, product and Channel names, and associated domain names are
trademarks of Digital Directions International, Inc., (the "Private
Lessons Channel Marks"). Without Private Lessons Channel's prior permission,
you agree not to display or use in any manner, the Private Lessons
Channel Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
Private Lessons Channel respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement,
please provide Private Lessons Channel's Copyright Agent the following
information:
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Private Lessons Channel's Copyright Agent for Notice of claims of
copyright infringement on its site can be reached as follows:
By mail:
Wayne Rusch
c/o Private Lessons Channel
Berliner, Corcoran, and Rowe
1101 17th St. N.W. #1004
Washington, D.C. 20036-4798
By phone: (202) 293-5555
21. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and Private Lessons
Channel and governs your use of the Channel, superceding any prior
agreements between you and Private Lessons Channel. You also may be
subject to additional terms and conditions that may apply when you
use affiliate Channels, third-party content or third-party software.
The TOU and the relationship between you and Private Lessons Channel
shall be governed by the laws of the State of Colorado without regard
to its conflict of law provisions. You and Private Lessons Channel
agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Boulder, Colorado. The failure
of Private Lessons Channel to exercise or enforce any right or provision
of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU 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 TOU remain in full
force and effect. 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 Channel or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no
legal or contractual effect.
22. VIOLATIONS
Please report any violations of the TOU to our Customer Support group
at (303) 554 -1884
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