ClayLessons ^TM Terms of Use For Teachers

Additional Supplement to General Terms & Conditions of Use

Updated August 6, 2011
(Previous Terms of Use)

Intro.
Teachers.
Process.
Tutorial Content.
Teacher Tutorial Policy (TTP).
Gallery Test Beds.
Gifts.
Retired or Deleted Tutorial.
Fees and Revenues.
Effect of Promotions, Sales and Refunds.
Links to Websites.
Email Correspondence.
Rights and Restrictions on Use.
Submissions to Site.
License Grant to EZ.
Your Copyright and Intellectual Property.
Disclaimer of Warranties.
Limitation of Liability.
General Release.
Disability or Death of Teacher.
Assignment and Succession.
Termination.

By clicking that you accept these Teacher's Terms and Conditions of Use of ClayLessons.com and EaZy Communities, you agree to abide by the Claylessons.com Terms and Conditions, and these supplemental Terms (collectively "Terms"). These Terms constitute a legally binding contract between you, the vendor/Teacher ("Teacher") and Eni Oken Designs, Inc. DBA EaZy Communities ("Company" or "EZ"). Eni Oken Designs, Inc owns and operates the Claylessons.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.

EaZy Communities reserves the right to change, modify, add, or remove portions of these Terms at any time. You agree to check these Terms periodically for changes. Your continued use of our website following the posting of changes to these Terms, including but not limited to the Privacy Policy and Guidelines, will mean you accept the changes. You represent and warrant to EZ that you will fully comply with our Terms and Conditions of Use, Guidelines, and Privacy Policy. If you do not agree with the terms, please do not use the Site. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

Our Privacy Policy and Community Guidelines outline our policy to respect the privacy and enjoyment of users. Please be sure to read our Privacy Policy and Community Guidelines. These are incorporated by reference into the Terms of Use.

Teachers. In order to become a vendor ("Teacher") to sell your tutorial lesson ("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 number, email address and valid Paypal 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, PayPal account email address and information, updated and accurate. After registration, you have access to additional content and the ability to publish Tutorials.

Process. Once approved by EZ for Teacher status, we suggest that you review our Teacher Guidelines which outline our guidelines, including specific formatting requirements. As a Teacher, you may upload and provide PDF Tutorial Files for registered users to download and/or purchase. Your Earnings page within your Account enables you to track sales of your Tutorials. Information on the Earnings page includes but is not limited to: Tutorial title and unique ID, link to PDF file, statistical information regarding sales, number of times a Tutorial was sold at full or discounted price, or by Userpoints. You are solely responsible for content and compliance with our Terms. Before posting, Tutorials are checked for formatting purposes only. This review process can take up to 4 days, and if no changes are needed, the Tutorials are available for purchase by registered users. Visitors can only view the Tutorial Information display page. We will contact you by email if any formatting changes are needed and ask that you resubmit your PDF File, or where applicable, allow us to adjust the formatting. Teachers may update their Tutorials or Tutorial Description by accessing the “Edit page” associated with each Tutorial at http://www.claylessons.com/write Note that some information is viewable to both visitors and registered members.

Tutorial Content. We want you to enjoy and benefit from your role as Teacher. You should not include your telephone number, street address, or any other personally identifiable information on any area of our Site unless you want it accessible by users or at times, the public. You 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 on your Profile. You should not include any work that has not been created by you, in full. This means you should only include images, art, text, photos, trademarks, copyrights (“Content”) that you have created and own. 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." In the event changes are made to any requirements, such as Formatting, we will email you. It is your responsibility for updating your Content Formatting 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. Please be sure to read the DMCA notice in the Site's Terms and Use.

Teacher’s Tutorial Policy (“TTP”). As a Teacher, you may provide your own policy that outline the use of your Tutorial(s). Your TTP will be posted on your Profile page. Your TTP should only address your Tutorials, and cannot contradict a policy of EZ. Our policies are posted in our Terms of Use, including any Supplemental Terms such as the Teacher Supplemental Terms, Privacy Policy, and Community Guidelines. In the event any term or policy you post appears to contradict EZ’s terms or policies, EZ’s Terms and policies will govern activity related to and arising from the EZ community, and supersedes your TTP. EZ’s Terms and policies supersede all TTP and Submissions.

Gallery Test Beds. We frequently request that our users vote on what type of Tutorial they would like to see on our Site. Teachers 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.

Gifts. As the author of a Tutorial, you may give a Tutorial to another member for free (“Gift”) through your Tutorial page(s) for the purpose of review. You may gift a maximum of 1 (one) tutorial each per month.

Retired or Deleted Tutorial. Once sold, a Tutorial will not be immediately deleted from the system, but will be "retired". A retired Tutorial will not be viewable by the public or registered members unless they have previously purchased it, in which case a link to the file will still be available to through your Downloads area. The Tutorial 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 for viewing but may remain in our archives, particularly if required to be stored for legal purposes. After 90 days, we will delete the Tutorial pdf from our database, and will archive the description page describing the Tutorial. You may retire a Tutorial at any time, for any reason. Tutorials with no downloads may be permanently deleted by emailing us at support@claylessons.com. Click here for Formatting information at our Teacher Guidelines page. EZ may remove or delete any Content at any time, in our sole discretion. You are responsible for backing up your Content. EZ bears no responsibility for the Content you upload, transmit, or post through our Site or Services.

Fees and Revenues. Please review our Service Fees and information for more specific information about sales, fees, and pricing. You determine the wholesale cost (base cost) of your product and therefore you decide the amount of revenue you will receive for each Tutorial sold. Upon completion of the sales transaction, you will receive payment based on the fees outlined on our Service Fees page. These fees may change at any time, with notice posted on our Site, and for current Teachers, notice sent by email. Delivery of Tutorials by EZ is made immediately after payment. If payment is not completed, the sales transaction is not complete and EZ owes no revenues to the Teachers. Your revenue earnings will appear in your Earnings page each month, and payment will be made no later than 31 days after the end of a month. If your revenue is less than $5 for sales within a given month, EZ reserves the right, at our discretion, to make payment to you at the time your revenue reaches $5. It is your responsibility to keep your contact information updated. If your Paypal account is inactive or terminated and we are unable to contact you, we may also, at our discretion, charge a termination fee equal to the amount of unpaid revenue to cover administrative costs. We do not collect taxes, and it is your responsibility to abide by all tax regulations.

Effect of Promotions, Sales and Refunds. When EZ offers special promotions including coupons, the ability to purchase Tutorials through User Rewards, sales, or discounts to Tutorials in bulk; User Rewards will result in no revenue to you as a Teacher and should be considered as necessary marketing costs, and Tutorials sold in bulk, through special promotions, or other discounted prices will result in partial discounted revenues to you. Claylessons.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 your sole discretion and management, you may offer Tutorial sales in which you reduce the price of their Tutorials, and manage your own promotions. In the rare event a refund is required to be issued to a user for a Tutorial for any reason, including but not limited to inability to access the Tutorial, payment to the Teacher will also be debited. In the rare event a user purchaser cancels payment or payment is reverted to the purchaser of the Tutorial, we will also debit the payment made to the Teacher.

Links to Websites. You may provide credits within the PDF that contain links to your general website home page, but NOT to products or to other pages within your website. You may provide links to your site in the Bio section of your Profile page. You are prohibited from providing links or references to sites that: (i) feature the same or similar tutorials, or tutorials of a similar subject matter, which may include your own personal site if tutorials are offered therein; or (ii) are advertisements for products or services, directories or stores. 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.

Email Correspondence. 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 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. Any information submitted to us will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. (Please refer to our Privacy Policy for additional information.) By participating in our Site and Services, and in the event you upload, share, transmit or display any Content, including but not limited to photos, text, Tutorials ("Submissions"), you warrant and represent that you own or otherwise control all of the legal rights to these submissions, as described herein, including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input or submit your Submissions. You should not reference any person by a real name, or provide any other personally identifiable information about any person or entity. You should not upload photos that include other people unless those people consent to the posting of the photo. We do not actively monitor the contents of messages, Tutorials, or ratings, and are not responsible for the content or views expressed therein.

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; (c) your Submission will not violate the intellectual property rights of any individuals or entities and (d) you will not post, distribute, transmit, or publish to a site or via a mobile device, Tutorials or substantially similar tutorials or lessons, at a price lower than the final price of Tutorials offered on our Site. 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. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. EZ DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT EZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, EZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY EZ, EZ USERS, INCLUDING COACHES, OR ITS ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE SITE. AS A SERVICE TO YOU, WE MAY PROVIDE ACCESS TO THIRD PARTY AFFILIATES AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS OF USE AND PRIVACY POLICY. YOU AGREE THAT NEITHER EZ NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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.

GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN YOU AND A USER, EACH OF YOU RELEASE EZ, OUR OFFICERS DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLIAMS,

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 Claylessons 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.

Breach. 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.

Indemnification. 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.

Privacy Compliance. 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.

Independent Contractors. Nothing in this Agreement shall be construed to create or imply a partnership, agency or joint venture relationship.

Disability or Death of Teacher. In the event that you, as a Teacher, become unable to continue in the role as a Teacher because of a disability or other event, we ask that you contact us so that we may take the appropriate action to protect your intellectual property interests (Tutorials) and Account. Since your Tutorials are intellectual property, please consider the finanical disposition of this property in the event of your death or incapacity. Upon written official notification of your death or incapacity, EZ will freeze changes to your Account, but will continue the sale of your Tutorials (unless directed to do otherwise), with funds paid out to your legally authorized representative, per your instructions.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California and the Southern District of California.

Entire Agreement. The Teachers' Terms, including Teacher Guidelines, 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. You may not assign your responsibilities or benefits under this Agreement unless expressly authorized in writing by EZ. You may assign your benefits as outlined under Disability and Death. This Agreement addresses your personal services as a Teacher.

Termination. You may cancel your Teacher membership at any time by writing to us at support@claylessons.com. Your membership cancellation will take effect within 30 days from the date of receipt of cancellation. Unless otherwise indicated herein, in particular, retired Tutorials, within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be unavailable for viewing 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. Any Teacher who has a terminated Account and retired Tutorials will be considered an inactive member, with your Content and Tutorials stored in our archives for legal purposes only.

Notice. Unless otherwise indicated, please direct notices to Eni Oken Designs, Inc, EaZy Communities, P.O. Box 491393 Los Angeles, CA 90049 Support@claylessons.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 Teacher, 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 Teachers' Terms and Conditions of Use and Teacher Guidelines, the Site's Term and Conditions, including the Privacy Policy 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.Claylessons.com.

© Copyright 2011 Eni Oken Designs, Inc. and Eazy Communities. All Rights Reserved.