TERMS OF SERVICE POLICY
PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES AT CGMW BY CGMA. BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES. NOTE: Please be aware that CGMA has created certain areas on the CG Master Workshops site, workshops and Q and A videos that contain adult or mature content. You must be at least 18 years of age to access and view such areas (example: nude or partially figures for figure drawing or anatomical references), or have prior written parental consent.
1. ACCEPTANCE OF TERMS
CGMA Online Inc. ("CGMA") welcomes you. The Service: Subject to the terms of this Agreement, Computer Graphics Master Academy, a California corporation (‘Company”) grants to you a limited, personal, non-transferable, and non-exclusive right to use the Educational services (the “Services”) during the Term. Your use of the Services shall be strictly in accordance with this Agreement and our Acceptable Use Policy. CGMA provides the CGMA Master Classes and Workshops (defined below) to you subject with the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.cgmwonline.com
Description of Computer Master Workshops (CGMW) by Computer Graphics Masters Academy (CGMA):
CGMW: CG Master Workshops (CGMW) by CG Master Academy (CGMA) is an online community dedicated to helping artists develop and cultivate their creative talents. The workshops are taught by some of the best artists in the entertainment industry; Individuals we like to call "Master’s". These artists have years of experience and have worked for many of the animation and gaming studios or taught in main art educational entities, and are passionate about mentoring the next generation of artists. The workshops consist of a drawing or painting visual demonstration with an average running time of 2 to 3 hours, unless indicated otherwise in the workshop description page. These videos will present a breakdown of a particular subject matter taught by an artist. In addition to the visual drawing or painting demonstration, unless the workshop is not label as “new workshop”, the student will be able to participate in a live Q and A session. All students will have access to past recorded Q and As. The workshops labeled as “new” will remain in this category for one month after their releasing dates. The time the workshops are available and the information about the artist that does the demonstration is always available under our “Workshop” tab under our main navigation website.
All workshops will be launched at 12:00 A.M., Pacific Standard Time- on the date of their scheduled release. Students will be able to choose the starting date of their viewing time according to their own schedules using the calendar device on their home page. CGMA gives student the opportunity of changing the date selected at the time of purchase in their profile page as long as it is done 24 hours prior to the original date selected. It is the client/student sole responsibility to commit to the date selected to view the workshops, no refunds will be given if the client/student miss such dates.
Workshops will remain viewable for a certain period of time specified on the registration page of each one of the workshops. For those individuals who purchased a certain amount of workshops, they will be provided more viewing time to access to those workshops; counting down from time of first release. Nevertheless, for specific timeframes please refer to the workshops description page ( http://www.cgmwonline.com/workshops.html ).
The format workshops are offering is “online streaming video”; therefore they are not available for download as an agreement between CGMA and the Artists.
You also understand and agree that CG Master Workshops may be included in advertisements, and that these advertisements are necessary for CGMA to promote the CGMW. You also understand and agree that the CG Master Workshops website may include certain communications from CGMA and CGMW, such as service announcements, administrative messages and the CGMA Newsletter, and that these communications are considered part of CGMA membership. Unless explicitly stated otherwise, any new features that augments or enhances the current CG Master Workshops, including the release of new CGMA properties, shall be subject to the TOS. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service. You understand and agree that the CG Master Workshops are provided "AS-IS" and that CGMA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CG Master Workshops, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the CG Master Workshops.
You agree to comply with our Acceptable Use Policy and all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations.
You understand that the technical processing and transmission of the CG Master Workshops, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Once again, please be aware that CGMW has created certain areas on the CG Master Workshops that contain adult or mature content. You must be at least 18 years of age to access and view such areas (example: nude or partially figures for figure drawing or anatomical references), or have prior written parental consent.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the CG Master Workshops, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CG Master Workshops under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CG Master Workshops registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CGMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CGMA has the right to suspend or terminate your account and refuse any and all current or future use of the CG Master Workshops (or any portion thereof). CGMA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 16 shall remember that the CG Master Workshops are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the CG Master Workshops areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Payment: For access to and use of the Service, you agree to pay the amounts set forth in the Fee Schedule with Company. The Fee will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Service.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and an account designation upon completing the CG Master Workshops Registration process, nevertheless the virtual classroom will go live on the date advertised in the website. Remember to add a phone number in our registration form in case we cannot contact you by email. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CGMA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Until you notify the Company, you remain solely responsible for such unauthorized use and any damages that may result from it. CGMA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You understand that all information, data, text, SOFTWARE, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not CGMA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CGMA Master Workshops Q and As. Although monitored, CGMA does not control all the Content posted via the CGMA Master Workshops Q and As and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CGMA Master Workshops Q and As, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CGMA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CGMA Master Workshops and Q and As.
You agree to not use the CGMA Master Workshops Q and As to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the CGMA Master Classes are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that CGMA may or may not pre-screen Content, but that CGMA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CG Master Workshops Q and As. Without limiting the foregoing, CGMA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that CGMA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CGMA, its users and the public.
You understand that the CG Master Workshops and SOFTWARE embodied within the CG Master Workshops may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CGMA and/or content providers who provide content to the CG Master Workshops. You may not attempt to override or circumvent any of the usage rules embedded into the CG Master Workshops. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CG Master Workshops, in whole or in part, is strictly prohibited.
You agree to indemnify and hold CGMA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit, modify or otherwise make available through the CG Master Workshops Q and As, your use of the CG Master Workshops, your connection to the CG Master Workshops, your violation of the TOS, or your violation of any rights of another.
7. NO COMMERCIAL REUSE OF CG MASTER WORKSHOPS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CG Master Workshops (including Content, advertisements, SOFTWARE and your CGMW ID).
8. MODIFICATIONS TO CG MASTER WORKSHOPS
CGMA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CG Master Workshops (or any part thereof) with or without notice. You agree that CGMA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CG Master Workshops (or any part thereof).
9. TERM AND TERMINATION
You may terminate your CGMW account, any associated email address and access to the CG Master Workshops by submitting such termination request to CGMA.
You agree that CGMA may, without prior notice, immediately terminate, limit your access to or suspend your CGMW account, any associated email address, and access to the CG Master Workshops. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines here described, (b) requests by law enforcement or other government agencies, (c) violates any intellectual property rights of Company or a third party, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CG Master Workshops, h) violates any export or import regulations, i) May expose Company to potential legal liability. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CGMA's sole discretion and that CGMA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CG Master Workshops.
Termination of your CGMW account includes any or all of the following: (a) removal of access to all or part of the offerings within the CG Master Workshops, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CG Master Workshops. You remain liable for the full workshop or workshops you registered during which your Service is suspended or terminated.
The CG Master Workshops may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CGMA 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 CGMA 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.
11. CGMA'S PROPRIETARY RIGHTS
You acknowledge and agree that the CG Master Workshops and any necessary software used in connection with the CG Master Workshops ("Site") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or information presented to you through the CG Master Workshops or by its contractors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CGMA or the applicable licensor (such as an instructor), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CG Master Workshops, such Content or the Site, in whole or in part.
CGMA grants you a personal, non-transferable and non-exclusive right and license to use its Site, granted you agree not to access the CG Master Workshops by any means other than through the interface that is provided by CGMW for use in accessing the CG Master Workshops. You agree not to modify the Site in any manner or form, nor to use modified versions of the site, including (without limitation) for the purpose of obtaining unauthorized access to the CG Master Workshops.
12. DISCLAIMER OF WARRANTIES
You expressly understand and agree to that:
- Your use of the CG Master Workshops and site are at your sole risk. The CG Master Workshops and site are provided on an "as is" and "as available" basis. CGMA and its subsidiaries, affiliates, officers, employees, agents, partners, contractors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- CGMA and its subsidiaries, affiliates, officers, employees, agents, partners, contractors and licensors make no warranty that (i) the CG Master Workshops or site will meet your requirements; (ii) the CG Master Workshops or site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the CG Master Workshops or site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the CG Master Workshops or site will meet your expectations; and (v) any errors in the site will be corrected.
- Any material downloaded or otherwise obtained through the use of the CG Master Workshops or site is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from CGMW or through or from the CG Master Workshops or site shall create any warranty not expressly stated in the TOS.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the CGMW service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the CGMW service. Immediately discontinue use of the CG Master Workshops and consult your physician if you experience any of the following symptoms while using the CGMW service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CGMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 CGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CGMA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CGMA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CGMA SERVICE.
14. 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 16 AND 17 MAY NOT APPLY TO YOU.
15. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CGMA may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the CGMA Master Classes, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the CG Master Workshops in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the CG Master Workshops in an authorized manner.
17. TRADEMARK INFORMATION
You agree that all of CGMA’s trademarks, trade names, service marks and other CGMA logos and brand features, and product and service names are trademarks and the property of CGMA Online Inc. (the "CGMA Marks"). Without CGMA's prior permission, you agree not to display or use in any manner the CGMA Marks.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CGMA respects the intellectual property of others, and we ask our users to do the same. CGMA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CGMA's site administrator the following information:
- an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CGMA's site administrator can be reached as follows:
By phone: 1-800-959-0316
By email: firstname.lastname@example.org
19. GENERAL IFORMATION
The TOS constitutes the entire agreement between you and CGMA and governs your use of the CG Master Workshops, superseding any prior version of this TOS between you and CGMA with respect to the CG Master Workshops. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CG Master Workshops, affiliate services, third-party content or third-party software.
Choice of Law and Forum
You and CGMA each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CGMA, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and CGMA agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of CGMA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CGMW account is non-transferable and any rights to your CGMW ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
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 CG Master Workshops or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com
YOU ACKNOWLEDGE THAT YOU HAVE COMPLETELY READ AND ACCEPT THIS END OF USER AGREEMENT AND TERM OF SERVICE POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.