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Terms

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PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY CHATROOM, NEWSGROUP, BULLETIN BOARD, MAILING LIST, WEBSITE, TRANSACTION OR OTHER ON-LINE FORUM, COURSE, OR SERVICE MADE AVAILABLE BY Creative Associates  (“Creative”) AT ENTRY-POINT URL (http://www.CreativeU.com) AND ITS RELATED WEBSITES ("SITE" OR "SITES"). BY USING AND PARTICIPATING IN THE SITES, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND Creative, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES. THE PARTICIPATING INSTITUTIONS ARE THIRD PARTY BENEFICIARIES OF THE AGREEMENT AND MAY ENFORCE THOSE PROVISIONS BELOW THAT RELATE TO THE PARTICIPATING INSTITUTIONS.

Right of Modification

We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

Disclaimer

Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by Creative or its participating institutions. Creative does not guarantee in any manner the reliability, validity, accuracy or truthfulness of content.  By posting to or viewing such forums, you agree that Creative and any of its participating institutions are not responsible or liable for the content of any postings therein. Creative reserves the right (but not the obligation) to remove any content from such forums in its discretion.

Rules for Online Conduct

You agree to use the Sites in accordance with all applicable laws. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site, or on any other Creative computing resources:

  • Content that defames, harasses or threatens others
  • Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
  • Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks, pricing or other trade secrets
  • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
  • Material that contains obscene (i.e., pornographic) language or images
  • Advertising, promotional materials, or any form of commercial solicitation
  • Content that otherwise harms other users or visitors to the Sites
  • Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
  • Content that probes, scans, or tests the vulnerability of any system or network
  • Content that breaches or otherwise circumvents any security measures
  • Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming,or mail-bombing any other user or part of the Sites
  • Content that plants malware or otherwise uses the Sites to distribute malware
  • Content that violates any applicable local, state, national law or international agreement or otherwise advocates or encourages any illegal activity. 

Although Creative does not routinely screen or monitor content posted by users to the Site, Creative reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use; (b) use Creative’s or any Participating Institution's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.

Privacy Policy

You understand that any personal information you submit to Creative on the Sites will be treated by Creative in the manner described in the Privacy Policy.

Online Course and Certifications

The Sites will, from time to time, offer online courses in a specific area of study or on a particular topic (an “Online Course”). Creative and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.

For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors and the Participating Institutions, you may be awarded a statement or certificate acknowledging your completion or passing of the class ("Statement of Accomplishment"). This Statement of Accomplishment, if provided to you, would be from Creative and/or from the instructors. You acknowledge that the Statement of Accomplishment, if provided to you, may not be affiliated with Creative or any college or university. Further, Creative offers the right to offer or not offer any such Statement of Accomplishment for a class. You acknowledge that the Statement of Accomplishment, and Creative’s Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither the instructors of any Online Course nor the associated Participating Institutions will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by Creative. The format of the Statement of Accomplishment will be determined at the discretion of Creative and the instructors, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.

Permission to Use Materials

All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of Creative and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the terms and conditions contained here, Creative grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.

You will have the ability to access or download content or other learning materials provided by other Users. While Creative requires Users to comply with the Creative Terms of Service in providing User Content, Creative cannot guarantee that any such User Content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm your computer, tablet, hand-held device or any programs or files therein. Creative disclaims any responsibility or liability relating to your access or download of such User Content. Accordingly, Creative recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.

User Material Submission

The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites’ public forums such as the course or group discussion forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant Creative and the Participating Institutions a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to Creative and the Participating Institutions that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit Creative and the Participating Institutions to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and Creative, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Sites may also provide you with ability to upload or send information to Creative regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant Creative and the Participating Institutions an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

Fees and Taxes

For selected Online Courses, you may have to enroll for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Creative reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site.

Choice of Law/Forum Selection

Sites are managed by Creative, located in Washington DC. You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the District of Columbia. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the District of Columbia as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Creative Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Creative or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by You and Creative. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Disclaimer of Warranty / Limitation of Liabilities

THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Creative AND ITS PARTICIPATING INSTITUTIONS, THEIR INSTRUCTORS AND THEIR STAFF (THE “Creative PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE Creative PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE Creative PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITES WILL BE CORRECTED. NONE OF THE Creative PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE Creative PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE Creative PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITES.

EXCEPT AS PROHIBITED BY LAW, THE Creative PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Creative'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE Creative SITES WILL NOT EXCEED FIVE U.S. DOLLARS ($5) OR THE TOTAL AMOUNT OF FEES RECEIVED BY Creative FROM THE USER FOR THE USE OF THE Creative SITES DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Creative PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO Creative'S ABILITY TO MAKE THE Creative SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE Creative SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the Creative Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Creative to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:

Jeffrey Marburg-Goodman

Creative Associates International
5103 Wisconsin Avenue, NW
Washington, DC 20015
JeffreyM@CreativeDC.com

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Indemnification

You agree to indemnify, defend and hold harmless Creative and the Participating Institutions, their respective subsidiaries and affiliates, and each of their respective officers, directors, agents, employees, and assignees, including the instructors of the Participating Institutions, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites or Online Course in violation of the Terms of Use; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites or through the Online Course, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights

You agree that each of Creative and the Participating Institutions, in their sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that none of the Creative Parties shall have any liability to you for any such action. You further acknowledge that for the purpose of any Creative course your sole relationship with Creative and the Participating Institution is as defined in these Terms of Use. You further agree that Creative has the right to cancel, delay, reschedule or alter the format of any Online Course at any time, and that none of the Creative Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to Creative.

Honor Code

All learners participating in the class must agree to abide by the following code of conduct:

  1. I will register for only one account.
  2. My answers to homework, quizzes and exams will be my own work (except for assignments that explicitly permit collaboration).
  3. I will not make solutions to homework, quizzes or exams available to anyone else. This includes both solutions written by me, as well as any official solutions provided by the course staff.
  4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve/hurt the results of others.