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Policies

Terms & Conditions

February 1, 2017

 

Welcome to Imagine with Riley Blake. These terms of use (“Terms”) govern your access to and use of any of our products or services, including our online and/or downloadable educational programs (each a “Course”), our website(s) (including www.imaginewithrileyblake.com), and related applications (including any mobile and TV device apps) and features across all devices and platforms (e.g., computer, mobile phone, tablet, etc.), all of which are collectively referred to herein as the “Service.” By accessing or using the Service, you agree to be bound by these Terms, which constitute your agreement with ARL, Inc., and you also agree to review and be bound by our Privacy Policy and Community Standards, which also govern your use of the Service and are hereby incorporated into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind, and do bind, the organization to these Terms. References to “we,” “us,” and “our” refer to ARL, Inc.

 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

Changes to Terms. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.

 

Your Use of the Service.

Eligibility and Registration. You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (each, an “Authentication Service”). By registering for or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including your user name, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.

Account Security. You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. We will not ask you for your password. If you need a new user name or password, we will generate a user name and password automatically and send it to the email listed on your account. You must notify us immediately at support@imaginewithrileyblake.com if you believe that your account has been compromised.

General Practices Regarding Use and Storage; Modification to the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. We reserve the right to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.

Mobile Service; The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

Fees

Fee Changes. Fees for use of the Service, including fees for viewing or purchasing Courses (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.

General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to us.

 

Licenses

To You. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses purchased by you. Your purchase of any Course entitles you only to view that Course in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

 

To Us.

General. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute and display the content you upload to the Service, including your Imagine with Riley Blake social profile information (including your user profile on the Service), and other content you share with us through the Service (“User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share or otherwise include your User Content as a result, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. We will not offer any User Generated Content for sale or otherwise directly monetize it in any way.

Prohibited Conduct. You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, “frame,” “mirror,” “in-line link” to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party’s intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service

Our Proprietary Rights. All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof.

“Imagine with Riley Blake” and all related logos, graphics and icons are service marks or trademarks of ARL, Inc. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.

Third Party Content; Applications, Hyperlinks. The Service may include social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.

Procedure for Making Claims of Copyright Infringement. We may, in appropriate circumstances and at our discretion, disable 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 our Copyright Agent with a notice including the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • identification 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.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o ARL, Inc.
372 South Main St.  Suite E
Alpine, UT 84004

By email: copyright@imaginewithrileyblake.com

 

User-Generated Feedback. We value hearing from our users, and are always interested in learning about ways we can improve Imagine with Riley Blake better. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to “moral rights.”

Reservation of Rights. We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.

Disclaimer; Limitation of Liability.

 

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARL, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ARL, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

 

Limitation of Liability

ARL, . AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

Exclusions and Limitations

THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY OR BE ENFORCEABLE WITH RESPECT TO YOU.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE FOREGOING SECTION.

DISPUTE RESOLUTION BY BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

 

Pre-Arbitration Dispute Resolution.

We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@imaginewithrileyblake.com  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to:

Arbitration Agent
c/o ARL, Inc.
372 South Main Street, Suite E
Alpine, UT 84004

The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

 

Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.   Any payment of attorneys’ fees will be governed by the AAA Rules.

 

Confidentiality.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.

Future Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General. These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions. The parties consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within Utah County, Utah. These Terms and any other policies referenced herein constitute the complete agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any additional terms in any written or oral communication from you to us are void. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. We may assign these Terms, including any rights and licenses granted to us hereunder. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision herein, all of which will remain in full force and effect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”

 

Community Standards

Violations of any of the below guidelines may result in a warning, temporary suspension or, with repeated violations, banishment from the use of Imagine with Riley Blake’s social features.

 

Our community standards

 

Basic critique guidelines

We encourage our users to share creative processes and completed projects.  We also encourage feedback, support and critique from everyone. Any feedback should take into consideration the Community Standards and help the instructor improve the overall quality of their work or teaching method.  When commenting to an instructor or replying to the comment of another user, here are a few guidelines to keep in mind:

  • Be honest, but polite: be constructive, but also friendly.
  • Be balanced: point out both the positives and negatives.
  • Stay on point: focus on the project, not the instructor. Give feedback on things like: technical quality, lighting, techniques, etc.

Be kind — No harassing, threatening, libelous, racist, abusive, hateful, violent or obscene language, behavior or photos.

Be clean — Any posts, user names, photos or other content that are profane, sexually graphic, or offensive are not allowed.

Be lawful — Do not participate in, suggest or encourage any illegal or unethical activity. Do not violate or encourage others to violate our terms of use.

Be on-topic — Do not spam or solicit or post commercial advertising. This includes repetitive or irrelevant content.

 

Diversity statement

Imagine with Riley Blake welcomes and embraces a diverse group of people with varied worldviews arising from differences of culture and circumstance. We believe in a diverse educational environment and multiple points of view. Such differences include race, ethnicity, gender, sexual orientation, socio economic background, age, physical and learning ability, national origin or religion.

We also respect the rights of all instructors, guests and students to maintain their own beliefs and points of views on all issues. We do not allow harassing, offensive or intolerant behavior and all members of our community are required to follow our Community Standards and Terms of Use.

 

Appeals process

Imagine with Riley Blake takes all violations of our Community Standards seriously. If you would like to appeal your warning or suspension, you may contact us directly by sending an email to appeals@imaginewithrileyblake.com