Studio School of Design – Terms of Service as of May 13, 2021
Welcome to the Studio School of Design (“SSD”). These TOS cover all your interactions with our site (the “Site”) and your accessing the content we offer, whether offered synchronously, asynchronously or for download. These TOS and the Honor Code (the “Agreements”) are agreements between you and SSD. By using our site or signing up for any of our courses, you are agreeing to read and abide and be legally bound by these Terms of Service (“TOS”) and Honor Code, whether or not you are a registered user or have signed up for any of SSD courses. Please also read the Privacy Policy for the SSD Site before you use any portion of the SSD Site. The Privacy Policy describes how your personal data is collected and processed when you use the SSD Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the SSD Site.
SSD reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the SSD Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS. Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
Online Conduct
SSD is a community of respectful teachers and students and all who participate are expected to maintain the highest ethical and moral standards. You agree that you are responsible for your use of the Site and your participation in SSD classes. You agree that you will use the Site in compliance with SSD rules and policies, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
You will have access to materials related to each course for which you register. You may not obtain or attempt to obtain any materials or information other than such materials. If you are a registered user, you will not share your password or let anyone else access or compromise your account. Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content. You agree not to misrepresent or attempt to misrepresent your identity while using the Site.
As part of the SSD community, you agree to not engage in any online activity nor post anything that does any of the following:
- defames, harasses or threatens others;
- discusses illegal activities with the intent to commit them;
- infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- is profane, pornographic, obscene, indecent or unlawful;
- advertises or is any form of commercial solicitation;
- is related to partisan political activities;
- contains viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’ s computer or property; and
- contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
Right to use Content on the Site
Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, all materials related to courses offered through the Site are for your personal use in connection with the courses and programs for which you are registered. Certain reference documents, digital textbooks, articles, and other information on the Site are used with the permission of third parties, and you may only use them as reference and in connection with courses for which you have registered.
Contribution to SSD Content
SSD may record for future use of any and all of its classes. As a participant in a class, you hereby authorize such recording and the capture of your likeness, voice, and image. You acknowledge and agree that SSD is the sole owner of any such recording and capture. You grant SSD a perpetual worldwide royalty-free right to use any such capture as it wishes in furtherance of SSD’s courses and goals. The rights you grant are personal to SSD and may not be transferred to any third party except that SSD may enter into third-party agreements for distribution of its recorded courses and material that may include your likeness, voice, or image.
User Content
As part of your engagement with SSD, you may be asked to upload homework or other content as part of a course (“User Content”). You retain all intellectual property rights in, and are responsible for, the User Content you create and upload.
How Others May Use User Content
To the extent that you provide User Content, you grant SSD and its instructors a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content in furtherance of the goals and operations of SSD. We are under no obligation to use any User Content at any time.
Products and Services
Generally.
From time to time, SSD may offer products or services for sale on its site. If you choose to purchase any such products or services, including enrolling in an online course, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from SSD, which is further described in our refund policy.
Certificates.
SSD may offer certificates for programs where users, in SSD’s judgment, have satisfactorily demonstrated understanding and achievement of the program material. The decision whether a certificate will be awarded to a given user will be solely within the discretion of the instructor in consultation with the leadership of SSD.
Trademarks
SSD, along with its graphic logo, are trademarks (the “Trademarks”) of the Studio School of Design, Inc. You may not use any of these Trademarks, or any variations thereof, without the SSD’s prior written consent. Nothing contained on this Site should be construed as granting in any way any license to use the Trademarks without SSD’s written permission.
Digital Millennium Copyright Act
If any copyright owner believes any content on the Site infringes their copyright, they should contact SSD’s designated copyright agent at copyright@studoischoolofdesign.org or at Studio School of Design, PO Box 539, Ketonah, NY 10536 Attention: Copyright
All such notification must include:
- Identification of any copyrighted work or works for which a copyright is being made and that are appearing on the Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. There must be sufficient information for SSD to locate the material (e.g., URL, IP address, computer name).
- Information for SSD to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Disclaimers of Warranty / Limitations of Liabilities
THE SSD SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
SSD DOES NOT WARRANT THAT EDX SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. SSD ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.
Indemnifiation
You agree to defend, hold harmless, and indemnify SSD, and its, officers, faculty, students, directors, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. SSD will provide you with written notice of any such claim, suit, or action.
Termination; Discontinuation of Courses and Content.
You agree that SSD, in its sole discretion, may terminate your account and/or your participation in any Courses, for any reason or no reason, upon notice to you. SSD reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any SSD offered course, or to cease providing any part or all of the Site content or related services. In such case, SSD will have no liability other than what is detailed in the SSD cancellation and refund policy.
Entire Agreement.
The Agreements constitute the entire agreement between you and SSD with respect to your use of the Site and its related service. They supersede any prior agreement between you and SSD regarding your use of the Site.
Waiver and Severability.
SSD’s failure to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements 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 Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Site will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving New York Counte in the state of New York.
You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).