Supplement to General Terms & Conditions of Use
(We have now combined the Supplier Membership and Premium Gallery Membership Plan.)
Updated May 1, 2012
Premium Posting Gallery.
Links to Websites.
Rights and Restrictions on Use.
Submissions to Site.
License Grant to EZ.
Your Copyright and Intellectual Property.
Disclaimer of Warranties.
Limitation of Liability.
Termination and Reactivation.
By clicking that you accept the Premium Membership Terms and Conditions of Use of JewelryLessons.com and EaZy CommunitiesTM
, and these Supplemental Terms (collectively "Terms"). These Terms constitute a legally binding contract between you, the Premium Member (“Premium Member" or “You”) and Eni Oken Designs, Inc. TM
DBA EaZy Communities ("Company" or "EZ"). Eni Oken Designs, Inc owns and operates the Jewelrylessons.com Website, ("Site"), and the publishing software and other services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this contract.
, Community Guidelines
and Premium Membership Guidelines (“Guidelines”)
Our Premium Membership offers the combined benefits of our former Supply Advertising Service and our Premium Gallery Service with new services and content so that you can offer links to product supplies, tools and kits (“Supplies”) where users can purchase Supplies needed in a Tutorial. And, you can provide an authorized and facilitated link from your Gallery page to a specific product page on an authorized site, highlighting the user's product offered for sale. If you are currently a member of either the Supply Advertising Service or the Premium Gallery Service, you will be automatically enrolled into this new program, offered at the same price as your current membership with a confirmation email sent to your email address on file. If you are not a current member, you must register for this membership. For more details regarding our Premium Guidelines and Features, please click here.
The Guidelines, Features and Benefits may change at any time.
When you apply to be a registered Premium Member, we will use the information available in your regular membership Account . We will ask for your first and last name, mailing address, telephone number, email address and valid Paypal account email address. You must have a valid Paypal account and email address. This information is confidential, used for administrative purposes, and is not shared with users. You agree to keep all contact information, including your email address, and information, updated and accurate. Registration as a Premium Member is immediate upon payment of your subscription plan. Please review our Premium Member Guidelines and Features
which outline our Premium membership requirements, features and benefits, including specific formatting requirements. After registration, you have access to additional content and the ability to publish advertising for your Supplies and links from your Gallery Page to authorized sites.
This Service allows you to offer links to Supplies where users can purchase Supplies needed in a Tutorial. You must be authorized to sell these Supplies, and must be in compliance with all relevant agreements, and laws. EZ does not track any sales information; we only serve your ads. You are responsible for delivering, shipping, and tracking sales of your Supplies.
Premium Posting Gallery.
This Service allows you the ability to provide an authorized and facilitated link from your Gallery page to a specific product page on an authorized site, highlighting the user's product offered for sale. This linked page must highlight a jewelry product, and cannot contain general store information, downloadable lessons, directories, or other products or services. You agree that: (i) the description in the gallery accurately describes the product for sale; (ii) you are the artist who created this artisan product and that it is not mass produced for sale; (iii) the link is not to a page that sells lessons or tutorials outside our Site; (iv) you will remove this link once the product is no longer available for sale; and (v) you will not link to unauthorized sites or pages selling products.
As a Premium Member, you may upload only advertising related Supplies, owned by you. Your “My Supply Ads” page within your Account enables you to post, edit, delete, and track your advertising relating to each product/Supply listing. Information on the “My Supply Ads” page includes but is not limited to: title and unique ID, link to your ad, and statistical information regarding the number of views by users. You are solely responsible for content and compliance with our Terms. You may update your advertising and Supply listing by accessing the “Edit page” associated with your “My Supply Ads” page. Note that some information is viewable to both visitors and registered members.
We want you to enjoy and benefit from your role as a Premium Member. Your advertising should not reference any person by a real name, or provide any other personally identifiable information about any person or entity. You decide how much information you want to share. You should only include advertising of Supplies that are relevant to the Material List of the Tutorial. In the event we determine that you are not complying with this requirement, we will remove your advertising, with no refund. You should not include any images, art, text photos (“Content”) that has not been created by you, in full. In the event we suspect or have been notified of an alleged copyright issue (i.e. you are not the creator in whole or part), we will remove this Content and indicate "Content Removed or “Advertising Removed.” In the event changes are made to any requirements, such as Formatting, we will email you. It is your responsibility for updating your Advertising in compliance with our requirements. You must own the Content and the intellectual property rights for any Content you upload to our Site, or be the authorized representative of the owner, possessing the rights to upload this Content. This means that you cannot use any trademarks, servicemarks, or any forms thereof not owned by you, in your ads. Your description should be appropriate; it should not reference any sexually explicit material, use offensive language, be slanderous, or maligning of any other product or company. You must be legally authorized to sell the Supplies advertised on our Site. You warrant that all Supplies are authentic and legally compliant with US laws. Please be sure to read the DMCA notice
in the Site's Terms and Use. Please also read the Community Guidelines
Please review Service Pricing
at http://www.jewelrylessons.com/page/service-fees for our monthly subscription fees. These fees may change at any time, with notice posted on our Site, and for current Members, notice sent by email. If for any reason, our Site and Services are not available, or your advertising is not available, your only recourse is to unsubscribe from our advertising Services. Unfortunately we are not able to provide refunds to monthly subscriptions. If you subscribe to a yearly rate, we will issue a pro-rated refund based on full monthly segments. If your advertising is not viewable for more than five (5) days, we will issue a pro-rated refund.
Links to Websites.
You may provide credits within the advertising that contains links to products within your website. You are prohibited from providing links or references to sites that are not owned or operated by you, the Supplier. EZ has sole discretion to determine what is acceptable, and may remove links, Content or text at any time, although EZ is in no way acting as a moderator or editor of content. You must link your ad directly to the page that sells the relevant Supply advertised and NOT to general domains or general listings of Supplies or to other sites selling Supplies. We reserve the right to remove/disable ads that link to sites that sell Supplies.
You agree not to email any users of our Site unless you have acquired the proper opt in or consent to do so outside the Site. EZ bears no responsible for any communications between you and users. You agree to comply with the CAN-SPAM Act.
Rights and Restrictions on Use.
You shall use the Site and Services for lawful purposes only. You shall not post or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) is false, inaccurate, misleading, or may or will result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by EZ herein. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
Submissions to Site.
License Grant to EZ.
Unless otherwise specified, we do not claim ownership of your Submissions. You retain copyright in the material you submitted. However, by posting, uploading, inputting, providing, or transmitting your Submission you are granting EZ permission to use your Submissions in connection with the operation of its businesses. You grant us an unrestricted, irrevocable worldwide license to display, use, modify, perform, reproduce, translate, transmit, and distribute via our Site or Services the information you send EZ for the purposes outlined within the context of the Submission, or herein.
Your Copyright and Intellectual Property.
In addition to the warranty and representation set forth above, you warrant and represent that (a) you are the copyright owner of your Submission or you have the permission of the copyright owner; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your Submission will not violate the intellectual property rights of any individuals or entities. You acknowledge that EZ is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such content originated. This means that you, and not EZ, are entirely responsible for all Submissions to or through the Site and all information contained within your Account. You are prohibited from posting or submitting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, EZ will have no liability related to such Submissions. You further acknowledge that we do not pre-screen Submissions for content, but that we have the right in our sole discretion to block or restrict access to or the availability of, or to disable, any Submissions, or Accounts that are available via the Site. Without limiting the foregoing, we may disable or restrict access to or the availability of any Submission that violates these Terms, which is otherwise objectionable, or which we in our sole discretion decide to disable or restrict.
DISCLAIMER OF WARRANTIES.
LIMITATION OF LIABILITY.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND RISKS ASSOCIATED WITH YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS, INCLUDING SUBMISSONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EZ, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES CONTRACTORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY EZ. THE ENTIRE LIABILITY OF EZ, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AUTHORIZED THIRD PARTY AGENTS AND AFFILIATES AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
IF A DISPUTE ARISES BETWEEN YOU AND A USER, EACH OF YOU RELEASE EZ, OUR OFFICERS DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS.
EZ Intellectual Property and Copyright Notice.
This site is controlled and operated by EZ. Our proprietary software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by EZ or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners.
You agree that the Site's Intellectual Property may not be used without the express written permission of EZ. This includes but is not limited to using the EZ or Jewelrylessons logo, template, marks, photos, or user photos submitted to our Site, without our prior written approval. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site and Services, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or EZ. We can also terminate this Agreement at any time, with or without cause.
You agree to indemnify EZ, and its officers, directors, employees, contractors, agents, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms.
Any collection, sharing, or use of personally identifiable data collected under this Agreement by either Party shall comply with all applicable laws and regulations concerning privacy, data collection, and/or data sharing.
Nothing in this Agreement shall be construed to create or imply a partnership or joint venture relationship. You are responsible for legal compliance, including your own taxes.
Choice of Law and Jurisdictional Issues.
The Premium Membership Terms are incorporated by reference into the EZ Terms and Conditions posted on our Site, and as a whole, constitute the entire agreement between you and EZ. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of EZ.
Assignment and Succession.
Notwithstanding any other provision of these Terms, EZ, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Termination And Reactivation.
You may cancel your Premium Membership at any time by writing to us at firstname.lastname@example.org or by using the cancelation link found in the Premium Membership page. Your subscription cancellation will take effect immediately, however, any ads will remain active until the end of the paid term. Unless otherwise indicated herein, at the end of your subscription, all Submissions will be unavailable for viewing but will remain in our archives, in the event you would like to reactivate your advertising. We will archive Submissions for legal purposes. Upon termination of your account, the Terms will remain in effect and legally binding, without limitation.
Unless otherwise indicated, please direct notices to Eni Oken Designs, Inc, EaZy Communities, P.O. Box 491393 Los Angeles, CA 90049 Support@jewelrylessons.com.
No Commercial Use.
You understand and agree that this Site is not intended, and shall not be used for commercial purposes of any sort, without previous written approval by EZ, and only as an approved Supplier, for your personal use only. If you have any questions, please email us.
Compliance With ADA.
It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our Services and products.
These Suppliers' Terms and Conditions of Use and Supplier Guidelines, the Site's Term and Conditions
and Community Guidelines
referenced herein, can change at any time without notice. It is your responsibility to review these Terms which are available at www.Jewelrylessons.com.
© Copyright 2012 Eni Oken Designs, Inc. and EaZy Communities. All Rights Reserved.