PLEASE READ THESE TERMS OF SERVICE (“Agreement”) CAREFULLY BEFORE USING OUR SERVICES. SSAMCAST Inc. (“SSAMCAST,” "we," "our" or "us") operates websites (collectively, the "Site"), provides apps and social networks (“Apps”), and offers certain other related features or content from time to time (the “Additional Features”) (the Site, Apps, and Additional Features shall sometimes be collectively referred to herein as the “Services”). SSAMCAST includes its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
Our Services enable users to access educational materials offered through our Services (the “Courses”). Courses may take the form of original works of SSAMCAST or its licensors, or created and uploaded by third party independent instructors ("Teachers"). Users who access Courses are referred to herein as “Students.”
We may modify this Agreement from time to time, without any liability to you. We will notify you of any revisions to this Agreement in accordance with Section 21 below. Such modifications shall be effective thirty (30) days after posting unless stated otherwise. Notwithstanding the foregoing, you will be deemed to have agreed to any such modifications by your further use of our Services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of our Services immediately.
In order to access some features of our Services, you may be required to register an account with us ("Account"). You may also need an account with a social network and/or an account with the company/platform that provides your mobile applications.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. You are solely and fully responsible for keeping your Account password confidential. You agree to accept full responsibility for all activities that occur within your Account, including any and all activities that are conducted through the use of your login details, whether or not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "SSAMCAST Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of our Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of our Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of our Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement. You also understand and acknowledge that if you delete your account, or if we terminate and/or delete your account in accordance with these terms, you may lose access to any data previously associated with your Account.
All users, including Teachers and Students, agree to use our Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
If you are a Teacher, you agree to the following additional obligations:
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to our Services.
If you access the Service from a social network or download the Service from another platform, such as Facebook or Google, you must also comply with its terms of service/use as well as this Agreement. You agree than any Authentication Service is a Reference Site and you are solely responsible for your interactions with the Authentication Service as a result of accessing the Website through the Authentication Service.
With the exception of content you upload, transmit or post to the Site or through our Services, all materials contained on our Services, including all content, software, graphics, text and look and feel of the Site and Apps, and all trademarks, copyrights, patents and other intellectual property rights related thereto, are owned or controlled by SSAMCAST, our Affiliates, our third party licensors, and/or our advertising partners (“SSAMCAST Materials”). You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any SSAMCAST Materials, or any other protectable aspects of our Services, in whole or in part.
Subject to your compliance with this Agreement and any other relevant policies related to our Services, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations herein to access and use our Services and SSAMCAST Materials for your own personal use consistent with the intended purpose of our Services. You agree not to use the Service for any other purpose. We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your Account and any content associated therewith, without any liability to you.
All rights not expressly granted herein are retained by SSAMCAST or their respective owners.
User content uploaded, transmitted or posted to the Site or through our Services remains the property of the person supplying it and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
By submitting content to us through our Services, including, without limitation, uploading any Courses, materials, choosing a username, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, the royalty-free, irrevocable, sub licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, edit, adapt, modify, prepare derivative works of, copy, perform, display, distribute, host, store, market, advertise and sell content you upload, transmit or post to the Site or through our Services, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content. You also hereby grant each user of our Services a non-exclusive license to access content you upload, transmit or post to the Site or through our Services, and to use, reproduce, distribute, display and perform such content, each to the extent permitted through the functionality of our Services and under this Agreement.
Notwithstanding the foregoing, Teachers cannot edit uploaded Courses, but may remove them, provided that any Courses taken by Students prior to removal will continue to be available to that Student.
You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content you upload, transmit or post to the Site or through our Services and to enable inclusion and use of such content in the manner contemplated by our Services and this Agreement, (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of content you upload, transmit or post to the Site or through our Services as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; and (iii) Content you upload, transmit or post to the Site or through our Services will not defame any third party and that the use of such on our Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
All content made available to Students through our Services is licensed, and not sold, to you. Teachers may not grant you license rights to any content you access or acquire through our Services and any such direct license shall be null and void and a violation of this Agreement.
We have no obligation to monitor content appearing in our Services but we will make reasonable efforts to monitor our Services for inappropriate or illegal content or conduct by other users. We retain the right, in our sole discretion, to refuse to post, or remove any content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content uploaded, transmitted or posted by other users of our Services, in whole or in part, except as expressly permitted through the functionality of our Services and this Agreement.
We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of SSAMCAST. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of SSAMCAST, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on our Services in a way that may constitute copyright infringement, you may provide notice of your claim to SSAMCAST Support on our website, SSAMCAST email at firstname.lastname@example.org, or SSAMCAST’s Designated Agent below. For your notice to be effective, it must include the following information:
SSAMCAST's Designated Agent is:
If your content appearing on our Services or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to SSAMCAST’s Designated Agent identified above that sets forth the following items:
Our Services are for your personal use only and may not be used in connection with any commercial endeavors except those expressly permitted by the functionality of our Services or this Agreement. Any use of our Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Services, is prohibited.
When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Services. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Our Services, including certain Apps, may contain links to websites operated by third parties, including in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Our Services may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Services. In addition, our Services may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
SSAMCAST does not hire or employ Teachers, and we are not responsible or liable for any interactions between Teachers and Students. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Teachers or Students, including, but not limited to, any Student's reliance upon any information provided by a Teacher.
SSAMCAST IS NOT RESPONSIBLE FOR SCREENING CONTENT UPLOADED, TRANSMITTED OR POSTED TO THE SITE OR THROUGH OUR SERVICES BY USERS AND ALL USE OF SUCH CONTENT BY YOU IS AT YOUR OWN RISK. SSAMCAST SHALL HAVE NO LIABILITY FOR SUCH USE.
DISCLAIMER OF WARRANTIES. OUR SERVICES AND ANY CONTENT APPEARING ON OUR SERVICES, INCLUDING COURSES AND USER GENERATED CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, SSAMCAST MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES. SSAMCAST DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES OR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SSAMCAST'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SERVICES. SSAMCAST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OUR SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the jurisdiction in which you reside and from which you access our Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your access to our Services.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 14 (Binding Arbitration) can be enforced and how it should be interpreted.
Apart from that, this Agreement and our relationship will be governed by California law, except for its conflicts of laws principles. Judicial proceedings must be brought in state or federal court in Santa Clara County, California, unless we both agree to some other location. You and SSAMCAST both consent to venue and personal jurisdiction in Santa Clara County, California.
Any claim or cause of action arising out of or related to use of our Services or this Agreement must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
Most concerns can be solved quickly by contacting us at our customer center. In the unlikely event that we cannot solve your concern, you and SSAMCAST agree to submit any disputes relating to our Services that involve a claim of less than US$5,000 (“Small Claims”) exclusively to a binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes, of which copies are available at www.adr.org. In addition, you and SSAMCAST agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree to indemnify and hold SSAMCAST, SSAMCAST Providers, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services in violation of this Agreement and/or arising from a breach of this Agreement and/ or any breach of your representations and warranties set forth above and/or if content you upload, transmit or post to the Site or through our Services causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of our Services. This Agreement constitutes the entire agreement between you and us regarding the use of our Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under this Agreement to any person or entity without your consent.
The provisions of Sections 3, 5, 8, and 10 through 21 and all representations by you hereunder, will survive any termination of this Agreement. If you are a Teacher, then Students that have enrolled in your Courses prior to termination shall continue to have access to them so long as such Student maintains an Account with us.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you by posting(s) made on our Site, in an App, sending you an email or using other ways of communicating with you based on the contact information you provide to us. Any notice to SSAMCAST required according to this Agreement must be in writing and addressed to SSAMCAST, 5900 Shattuck Ave #204, Oakland, CA 94609 unless we have provided a more specific method way of notifying us.