This is part of our archive. Click here for our up-to-date Terms.
Updated March 15, 2011
Userpoints and User Rewards.
Premium Posting Gallery.
Gallery Test Beds.
Limited License to Access and View Tutorial.
Retired or Deleted Tutorial.
Rights and Restrictions on Use.
Comments, Ratings and Other Content.
Submissions to Site.
Abuse, Red Flag.
Copyright and Intellectual Property.
Disclaimer of Warranties.
Limitation of Liability.
Intellectual Property and Copyright Notice.
Choice of Law and Jursdictional Issues.
Assignment and Succession.
No Commercial Use.
Compliance with ADA.
By clicking that you accept these Terms and Conditions of Use of JewelryLessons.com and EaZy Communities, you agree to a legally binding contract between you, the user, and Eni Oken Designs, Inc. DBA EaZy Communities ("Company" or "EZ"). Eni Oken Designs, Inc owns and operates the Jewelrylessons.com Website, ("Site"), and the 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. "User" includes all visitors to the Site, and those registered with the Site, including but not limited to Teachers, as defined herein.
Our goal is to create a knowledge bank, marketplace of lessons, and a community for the art of jewelry making, for fun, hobby or commercial use, supporting the exchange of knowledge and ideas that have real value. Most of our users are jewelry artisans, and for this reason, our Content is focused in this area. In addition, in support of artists, we enforce intellectual property laws, including but not limited to copyrights and trademarks. This means you must own or have the licensed rights to publish, submit, or transmit Content including but not limited to photos, videos, Tutorials, text, terms, descriptive terms or trademarks on or through our Site.
Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the Content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. This Site is directed at those over the age of 18.
Membership. In order to participate in our Site, including the ability to download, viewing free Content, or purchase tutorials, you will need to register for an account membership. We may ask for your name, address, and email address. You agree not to provide any false information on the Site or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your account. You agree to keep your account information and Profile up dated and accurate. You can only register for one account.
For your privacy and security, we highly recommend that you use a longer password with at least 10 digits, consisting of a mix of lower and upper case letters including numbers and signs like $%#&*().
Tutorial Content. While we strive to ensure a high quality community for our users through our polices and guidelines, we do not guarantee the accuracy, integrity or quality of information posted or displayed through our Site and Services including but not limited to the text, photos, and Tutorials “Content”. Teachers ensure the quality of Content and imagery within their Tutorials. We check for formatting issues only. If you notice a problem with a Tutorial, please email both the Teacher and EZ.
Teachers. In order to become a vendor ("Teacher") to sell your tutorial Lesson Content ("Tutorials") you will need to apply to be a Teacher. When you apply to be a Teacher, we will ask for your first and last name, mailing address, telephone, email address and valid Paypal email address. You must have a valid PayPal account. 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, updated and accurate. Please click here if interested in applying to be a Teacher. Teachers offer free and paid for tutorials for sale through our Site. Teachers shall abide by the supplemental Teachers' Terms and Conditions.
Pricing. If a user purchases a Tutorial, we charge a fee for that product. We also charge a fee to users who purchase our Premium Gallery service. Once you register with our Site, you have full access to most of Jewelrylessons.com and our interactive features, including free Tutorials. Teachers have access to additional features. You manage your settings by clicking on My Profile/My Account. If you experience a problem accessing your Account or Account Settings, please email us at email@example.com. Our pricing for our Service is currently free to users, however, our pricing and features are subject to change upon 30 days notice, with such notice provided at any time by posting the changes to the Site and by emailing you of a change in pricing.
Jewelrylessons.com will at times run promotions or sales, which are included in our newsletters, emails (if opted in), and on the Home Page. Occasionally, at their sole discretion and management, teachers will offer tutorial sales in which they reduce the price of their tutorials, and manage their own promotions.
Userpoints and User Rewards. Our users receive points (“Userpoints”) for various activities within our community. Userpoints can be redeemed towards Tutorials, marketing features, and other rewards (“User Rewards”) offered on our Site. EZ determines the activities, the points earned, redemption values, and rewards, which can change at any time. Changes will be noted on the Site and your continued use of the Site acknowledges your acceptance of these changes. Userpoints and User Rewards are not transferable and are personal to an account. In the event your account is canceled due to violation of these Terms, all Userpoints and User Rewards may immediately be frozen upon notice of alleged violation of the Terms, at the discretion of EZ, and shall expire upon violation of the Terms or termination of your account. All userpoints shall also expire upon cancellation of your account.
Premium Posting Gallery. EZ offers users 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.
Gallery Test Beds. We frequently request that our users vote on what type of Tutorial they would like to see on our Site. Users who submit images to the Gallery, understand and agree that in the event they create a Tutorial of similar content or subject matter to be displayed on their own site or any other site, they will offer and display this same Tutorial on our Site. If you choose to activate the Gallery as a test bed, you must also submit the Tutorial for publication on our Site and Services within 30 days of it being published elsewhere. If you do not submit a Tutorial during this timeframe, we will remove your Gallery entry.
Limited License To Access and View Tutorial. Once purchased, the purchaser has the right and license to download one copy of a Tutorial, which is stored in the Download section within your Site Account. A purchased Tutorial is available for 12 months for viewing by you, the account user, only. With respect to Content on this Site or transmitted through this Site, including but not limited to Tutorials, you may not: (i) resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose; (ii) re-engineer, modify, or create any derivative work, unless EXPRESSLY agreed to in the Content purchase agreement; (iii) remove or obscure any intellectual property notices; or (iv) hold yourself out as the owner or creator of the Content. In addition, you shall follow our Community Guidelines. You are solely responsible for ensuring the safety of your account access; preventing access by another through the use of your password.
Retired or Deleted Tutorial. Once sold, a Tutorial cannot be deleted from the system, but can be "retired". A retired Tutorial will not be viewable by the public or registered members unless they have previously purchased it. It will be available for download by previous purchasers for 30 days after we receive notice of a request for retirement, and after that time, will no longer be available for access by users.
Refunds. Since our goods and services are non-tangible, downloadable items, delivered immediately, All Sales Are Final. Absolutely no refund will be given, absent a verifiable mistake. If a verifiable mistake has occurred, we may choose to offer an exchange of goods or services of equal or less value than the price of the purchased item. As a service to our users, our Site has been designed to disallow duplicate purchases of tutorials. If you attempt to purchase a duplicate tutorial, you will receive an error message. Note that if you see duplicate files located in the Download section of your Account, these are not actually duplicate files but instead are a series of files contained with one tutorial that has been downloaded. If in the rare situation, you receive an electronic file that is damaged in some way, we will be happy to investigate this issue and provide a replacement copy. Please notify us by using the form at Contact Us.
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; or (iv) is false, inaccurate or misleading, 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. 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.
Comments, Ratings and Other Content. While we want you to enjoy our Site, you should not include your telephone number, street address, last name or any other personally identifiable information on any area of our Site that is accessible by the public. You should not reference another person by a real name, or provide any other personally identifiable information about another person or entity. Messaging other users is a service we provide in the event you feel comfortable with providing some additional information to a user. EZ is not responsible for any information contained or transmitted via the messaging system within our Site, and may or may not monitor, share, or review this information; you decide whom to share this information with. You decide how much information you want to share on your Profile. We allow and encourage our users to monitor and report abuse through the "Report Abuse" button. We do not actively monitor postings or comments, and are not responsible for any messages, comments, or communications. Messages express the views of the author of the message, not the views of EZ. Any user who feels that a user-posted message is objectionable, is encouraged to contact us immediately by email at support@Jewelrylessons.com or through the Report Abuse button. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. Unless you are a Teacher, and limited to our Agreement, our Site is not intended, and shall not be used, to promote products or services not previously approved by Jewelrylessons.com.
Abuse, Red Flag. Since our goal is to create an entertaining and safe community, we encourage users to report cases of abuse, which include but are not limited to, activities and conduct by users prohibited by our Terms, and Community Guidelines. Jewelrylessons has the sole discretion to terminate an account for any reason.
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, 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.
Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent via email at firstname.lastname@example.org or mailed by postal mail to:
JewelryLessons.com - Notice of Copyright c/o Eni Oken
200 S. Barrington Ave.
PO Box 491393
Los Angeles, CA 90049.
To be effective, the notification must include the following:
i. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
ii. A description of the copyrighted work claimed to have been infringed;
iii. A description of the location of the infringing material and information reasonably sufficient to permit EZ to locate the material;
iv. Your contact information, including your address, telephone number, and email address;
v. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing Content and EZ may choose to publish Claimant information in place of disabled Content or Tutorials.
If you believe that someone has copied your work, either in part or whole, please follow our procedures. If you do not want to follow our procedures outlined above, you have the right, independent of our Site, to contact the alleged infringer directly. We are not responsible for Content and as a small company, do not have the resources to research concerns on behalf of users, unless there is a valid legal concern, in which case, if we receive a valid notice under the DMCA as outlined above, we will comply with these legal requirements. We realize this may cause some frustration, but we are complying with the industry standard. Click here if you would like to file a CounterNotice.
Notice. Notice to users shall be effective when sent by electronic mail to a user's e-mail address on record, or by written communication sent by first-class mail to a user's physical address on record.
Repeat Infringers. We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Submission for which we receive a notice of infringement under the DMCA Copyright Guidelines outlined above.
LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS AND TEACHERS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EZ, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TEACHERS, CONTRACTORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM ANY BREACH OF THESE TERMS, 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, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS 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.
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR YOU AND A SUPPLIER OR TEACHER, YOU RELEASE EZ, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, TEACHERS, AND SUPPLIERS FROM CLAIMS.
Intellectual Property and Copyright Notice. This site is controlled and operated by EZ. Our 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 or where relevant, its Teachers. 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, Services, or Teachers, 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, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Site and 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, Teachers, or EZ. We can also terminate this Agreement at any time, with or without cause.
Minors. We do not knowingly collect information from anyone under the age of 18. Our Site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult or parent, and should not submit any information to this Site.
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. You may cancel your registration/membership at any time by writing to us at email@example.com. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be unavailable for viewing and will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Upon termination of your account, the Terms will remain in effect and legally binding, without limitation. EZ may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Each user agrees that if his or her account is terminated for any reason, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated, the user shall indemnify and hold us harmless for any and all liability that we may incur.
Notice. Unless otherwise indicated, please direct notices to Eni Oken Designs, Inc, EaZy Communities, P.O. Box 491393 Los Angeles, CA 90049
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 Teacher. 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.
© Copyright 2011 Eni Oken Designs, Inc. and EaZy Communities. All Rights Reserved.