I. TERMS OF SERVICE
The CyberScholar® Retail Network is an Internet based service aiming, inter alia, at sales-related training and education of retail staff engaged in the sale of products and services of participating brands. The service is made available on www.cyberscholar.com including all mobile versions (collectively, the "Website"), and our mobile application (the "App") and related mobile services, or other services linking to this page and other related software, interactive features or downloads operated by us and that are made available by or controlled by us (all, collectively, the "Services"). The Services are owned and operated by Creative Channel Services, LLC ("we" or "us"). With direct (and often exclusive) access to a growing community of retail professionals, brands are able to actively engage with and incentivize these influencers, leading directly to improved sales effectiveness, increased shopper satisfaction & loyalty, and fewer returns.
(2) BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES. THIS AGREEMENT MAY BE MODIFIED, CHANGED OR ALTERED BY US AT ANY TIME WITHOUT PRIOR NOTICE. IN AGREEING TO THIS AGREEMENT, YOU ARE RESPONSIBLE FOR PERIODICALLY CHECKING FOR CHANGES AND/OR UPDATES TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WE WILL ENDEAVOR TO NOTIFY YOU OF ANY CHANGES BY POSTING SUCH CHANGES ON THE SERVICES. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
Use of the Service by You.
(1) You agree that (i) you will use the Services in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Services and (ii) all information supplied by you to us will be true, accurate, current and complete. Except in the event of an unlawful discrimination, we retain the right at our sole discretion to deny or suspend access to the Services to anyone, at any time and for any reason, without liability.
(2) You acknowledge and agree that your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation. We have no obligation to monitor any content on our server or a server under our control for violation of this Agreement or applicable law but will take any necessary action in the event objectionable content is identified to us.
(3) We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
(4) The Services may enable you to log-in through and otherwise interact with third-party services, such as social media accounts. These features may enable integration and/or access to your social media accounts. By connecting to the Services through the use of a third-party service, you give us permission to access and use information, content and/or material you have supplied to that service (including without limitation, your name, photographs, geographic location and any status update or text that you provide) as permitted by that service, and to store your log-in credentials for that service.
(5) As part of our Services, we provide a venue for users to post tasks to be completed, and for users to record their execution of those tasks. No relationship between a user who posted a task and a user who executed the same task is formed or implied by their use of the Services or their execution of the task. If we reward users for executing tasks, no relationship or transaction is formed or implied between those users and the users who posted the tasks for which they are being rewarded.
(6) Certain rewards programs, sweepstakes, contests and promotions may be subject to additional terms and conditions. In order to participate in such promotions through the Services, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
(7) The Services are not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 18.
(8) The content and information posted on the Services are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party's) intellectual property rights. The Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of this Agreement immediately and automatically terminates your right to use the Services and may subject you to legal liability.
(9) All listings, postings, offers, communications and Content (defined below) made through the Services must be made in good faith.
(10) In no event will anything contained in this Agreement or any area of the Services be construed as a representation or guarantee with respect to any such Content. We give no undertakings, representations, or warranties in relation to services rendered or listed on the Services, or products or services advertised or offered through our Services, including: about ownership of any item or property; as to the content, safety, description, worthiness, quality, or legality of our clients' products or services listed on our Services; as to the accuracy or truth of postings; that any user's services will meet your requirements or expectations; or ability of users to complete a task. We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, we do not endorse or recommend any of the jobs, tasks, business, opportunities or Content posted or promoted on the Services and we strongly recommend that, prior to entering into any agreement with any party you find on or through the Services, that you obtain your own independent legal, accounting, financial or taxation advice, as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, Content and other information provided through the Services. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Services. We do not act as agent for either party and do not participate in any sale or transaction between you and other users of the Services.
(11) Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of our users, including, without limitation, users that have registered under false pretenses or who attempt to defraud you, provided that we will take such necessary action against such misconduct as may be required under applicable law or as is deemed appropriate at our discretion.
(12) You represent, warrant, and agree that you will not: use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties; use the Services for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by this Agreement, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful; permit or otherwise enable unauthorized users to access and/or use the Services permit or otherwise enable any individual to access and/or use the Services through your account, use your user name, email address, password or other account information that may allow them to gain access to your account; use the Services to export software or data in violation of applicable U.S. laws or regulations; sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Services, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services; remove any copyright, trademark, patent or other proprietary notices from the Services or any Content on the Services; distribute, publish, exhibit, or otherwise use the Services, in any manner and for any purpose not expressly permitted under this Agreement; exploit the Services or collect any data incorporated in the Services in any automated manner through the use of bots, metaspiders, crawlers or any other automated means.
(13) You agree not to register as a user of the Services by providing false, inaccurate, or misleading information or impersonate another user; post hyperlinks to commercial services or websites; collect personal data about other users of the Services for commercial or any other purposes; post or otherwise make available inappropriate Content (as described below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; attempt to gain unauthorized access to our computer systems (including any non-public areas of the Services) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Services (or the servers and networks which are connected to the Services); make available Content (as defined below) that in our opinion constitutes or contains "affiliate marketing", "link referral codes", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; and/or access or use the Services if you have been previously removed from the Services by us.
(1) The creation of a user account is mandatory in order to access or use the Services. Our Services registration requires you to provide us contact information and may also require demographic information, including your name, email address, mailing address and telephone number. You warrant that you have provided complete, accurate and current information when registering as a user. You must maintain and update your information held by us to ensure it is current at all times. You must not register more than one account. You must not register as a user under multiple identities or personas (whether false or not). You may only register as a user if you can form a legally binding contract that is enforceable against you. By registering as a user, you warrant that you can form a legally binding contract. We reserve the right to decline to register or to terminate your account for any reason or no reason without further explanation or discussion. Without limiting the foregoing, we may terminate your account if a serious complaint or multiple complaints are received about you from other users, if you breach this Agreement, or if we, in our sole discretion, deem your behavior to be unacceptable. Users who have registered under multiple aliases will have all of their aliases disabled. You are responsible for keeping your login information, including your email address and password secret and secure.
(1) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE SERVICES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. WE EXPRESSLY DISCLAIM ALL LIABILITY WITH RESPECT TO ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON THE SERVICES OR IN CONTENT). WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS'' ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.
(2) Through your use of the Services, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE DIRECT SELLER OF SUCH PRODUCTS OR SERVICES.
You are not authorized to download any content from the Services. If you download any content from the Services, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
Provision of the Services by Us.
You acknowledge and agree that the form and nature of the Services that we provide may change from time to time without prior notice to you. You acknowledge and agree that we may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services (or any features or programs or Content within the Services) to you or to users generally at our sole discretion, without liability or prior notice to you.
Access to the Services; Reservation of Rights.
Subject to your compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Agreement and our associated policies, as applicable. We reserve all right, title and interest in and to the Services not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
Content in the Services.
(1) In general, much of the content contained on the Services is supplied by third parties and other users. You understand that all information and materials (including, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) accessible as part of, or through the use of, the Services are the sole responsibility of the person from whom such information originated. All such information is referred to as "Content".
(2) You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights which are owned or controlled by the persons and/or entities that provide that Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works of the Content (either in whole or in part), unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
(3) We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.
(4) You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by doing so.
(5) Content that you create, transmit, or display while using the Services must be appropriate for the Services. We may reject, remove, or edit any Content that: (i) is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual; (iii) contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, "off color," political, or propaganda; (iv) infringes or violates any party's rights, including, without limitation, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality; (v) discloses or references any personally identifiable information belonging to you or a third party or solicits personal information from any third party; (vi) depicts or describes any activities that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about others without their permission; (vii) impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including, without limitation, headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the Services; (viii) contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; (ix) interferes with, disrupts, or harms in any way the Service or any servers or networks connected to the Services; (x) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) uses the Services for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally; (xii) we otherwise determine to be inappropriate for the Services or inconsistent with our image and reputation.
(6) In connection with Content you upload, submit, post, or otherwise make available via the Services, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein.
No Content Monitoring.
You are solely responsible for your interactions with other users of the Services. We are under no obligation to screen or monitor Content, provided that we will take such necessary action against any misconduct or unlawful Content as may be required under applicable law or as is deemed appropriate at our discretion. We may review Content from time to time in our sole discretion to review compliance with this Agreement. We will make all determinations as to what Content is appropriate in our sole discretion. We may include, edit or remove any Content at any time without notice.
Termination of Access.
In addition to any right or remedy that may be available to us under this Agreement or applicable law, we may suspend, limit or terminate your access to the Services, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
(1) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
(2) You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Grant of Rights.
You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to, or make available on, the Services. By posting, uploading, submitting or otherwise making available Content, you give us a worldwide, perpetual, fully-sub-licensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies. Other users of the Services may, and you hereby grant all users of the Services the right to, search for, see, and/or use any Content that you make publicly available through the Services to the extent permitted by the features and functionalities of the Services. Moreover, by submitting Content, you also grant us the right to use your name, picture, likeness, voice, and biographical information in and in connection with the use or publication of your Content in any media, worldwide, in perpetuity.
You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, suggestions, and ideas you provide to us in any way without any liability or obligation to you.
Digital Millennium Copyright Act ("DMCA") Notice.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services; your address, telephone number, and e-mail address; a written 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; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated copyright agent for notice of claims of copyright infringement can be reached as follows: DMCA@creativechannel.com
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys'' fees, issued by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of the Agreement (including, without limitation, any breach of your representations and warranties set forth herein).
This Agreement shall remain in full force and effect while you use the Services or are registered with us. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by this Agreement to the extent you continue to access the Services in any capacity.
Links to Third Party Sites; Advertisers
Limitation on Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR USE OF THE SERVICES. To the extent required by applicable compulsory local law in your jurisdiction, the above liability limitation may not be enforceable upon you in a court of your jurisdiction. This may, in particular, apply to damages resulting from death, body injury and violations of cardinal contract obligations. In this case, in a court of your jurisdiction, the liability limitation shall be applicable only to the extent permitted by the local law in your jurisdiction.
U.S. Export Controls.
Software made available to you by the Services (the "Software") is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Arbitration/No Class Action.
Except where prohibited by law, as a condition of using the Services, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Services, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf. An award rendered by the arbitrator(s) may be entered and confirmed by the State and Federal courts of the State of California, County of Los Angeles The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the State and Federal courts of the State of California, County of Los Angeles .You agree that you must assert all claims against us within one (1) year from the date the claim first accrued.
(1) Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
(2) The section titles in this Agreement are for convenience only and have no legal or contractual effect.
(3) This Agreement and your account on the Services are personal to you and may not be transferred or assigned.
(4) Without limiting anything herein, this Agreement is governed by U.S. federal law and the laws of the State of California, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Services, subject to any compulsory limitations of the local laws in your jurisdiction.
(5) Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under this Agreement is subject to existing laws and legal process, and nothing contained this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
(6) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
(7) This Agreement, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services), constitutes the entire understanding between you and us.
(8) We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Services or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
These Terms of Service were last updated on March 27, 2015.
II. Official Rules Governing Prizes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE A PARTICIPANT''S CHANCES OF WINNING. Each sweepstakes is only open to retail sales employees of Sponsor's applicable participating authorized retailer(s), who are legal residents of and located within the 50 United States or the District of Columbia, and at least 18 years of age or older at time of entry. Wal-Mart Stores, Inc. retail sales employees are not eligible to enter due to Wal-Mart''s corporate policies.
PLEASE VISIT EACH MANUFACTURER''S "PRIZES" PAGE ON THE TRAINING WEBSITE FOR FURTHER DETAILS, INCLUDING START/END DATES, PRIZING AND ADDITIONAL ELIGIBILITY INFORMATION.
TO ENTER: Those eligible to participate in Sponsor''s sweepstakes training programs may first be required to completely fill out an online registration form in order to enter any applicable sweepstakes. Upon completion of the registration form, each participant will be assigned a unique identification number and will be asked to choose a password and user name, which shall be used by such participant eligible to enter Sponsor''s applicable sweepstakes. For certain CyberScholar Retail Partners, the Training Website may rather ask for the participant''s employee identification number and associated retailer in order to be considered "registered" (check with your employer if unsure).
During the "Eligibility Period" for the applicable sweepstakes (as set forth on the Training Website''s Prizes page(s)), each participant must log in to the Training Website, select and complete the applicable sweepstakes'' quiz(zes) (the "Quiz") and click the "Submit" button. Each participant may take a Quiz as many times as necessary to achieve the requisite "passing score" indicated in the online instructions; however, only one entry per passed unique quiz shall be entered into the associated sweepstakes'' prize drawing per person/email address/CyberScholar ID. Subsequent attempts made by the same individual to enter by using multiple e-mail addresses, CyberScholar IDs, employee IDs, or otherwise, will be disqualified. All entries must be received no later than 11:59:59 pm Pacific time at the end of the applicable Eligibility Period posted on the Training Website''s "Prizes" pages (or to be eligible to win a prize. (Monthly prize programs end the last day of each calendar month, quarterly prize programs end March 31, June 30, September 30 and December 31.)
In the event of a dispute over the identity of an online participant, entry will be deemed submitted by the authorized account holder of the User ID associated with the entry. "Authorized account holder" is defined as the person assigned the User ID by CCS and/or associated Retail Partners. Mass entries, or entries generated by a script, macro or use of automated devices will be disqualified. No liability is assumed for late, lost, incomplete or misdirected entries. Entries become the property of Sponsor and will not be acknowledged or returned. These Official Rules are subject to change at any time without notice by Sponsor, and are subject to the independent interpretation of Sponsor.
SELECTION OF WINNERS: Each sweepstakes'' winner(s) will be chosen by random drawing from among all eligible entries received during the applicable Eligibility Period. Odds of winning are based on total number of eligible entries received.
PRIZES: Prize details for each applicable sweepstakes can be found on the Training Website''s online Prizes pages. Limit one prize per family/household per sweepstakes. All prizes claimed shall be awarded. Value of each prize awarded is not dependent on the number of entries received. Only participants who provide a valid street address will be awarded prizes. Winners who provide a P.O. Box address will not be awarded a prize. Blackout periods and travel restrictions may apply to trips awarded and travel companion of winner may be required to execute a liability and publicity release (where not prohibited by law). Sponsor is not responsible for the delivery of manufacturer-partners'' prizes and participants acknowledge that suppliers of the prizes are liable for all costs and required notices relating to the prizes to be given to winners, including, but not limited to purchaser/acquisition costs, including without limitation any applicable sales/use taxes and delivery chargers, as well as making the 1099 Tax Notification to winners. Please allow 6-8 weeks for delivery of prizes after applicable paperwork is completed.
NOTIFICATION: Potential winners will be notified by phone (either at the number provided at registration or at their participating authorized retailer''s store) and/or email within ten (10) days of the applicable prize drawing and will be required to sign an Affidavit of Eligibility/Liability Release and, where legally permissible, a Publicity Release, within seven (7) days of notification date or prize may be forfeited and Sponsor reserves the right to randomly select an alternate winner. Unless otherwise indicated, no cash alternative, substitution or transfer of prize permitted, unless prize becomes unavailable, in which case a prize of equal or greater value will be substituted by Sponsor at Sponsor''s sole discretion. Return of any prize/prize notification as undeliverable may result in disqualification with an alternate winner selected. Once you are notified that a prize has been shipped, please contact the sender if it has not arrived within 30 days. Taxes and any other expenses and incidentals not mentioned herein are winner's sole responsibility.
ELIGIBILITY: Each sweepstakes is only open to the sales employees of Sponsor''s applicable participating authorized retailers (as listed in pull-down menu on Registration Pages) who are legal residents of and located within the 50 United States or the District of Columbia, and at least 18 years of age or older at time of entry. Specific manufacturer-partners may require that a participant''s employer is an authorized retailer of the manufacturer-partner''s products - see manufacturers'' "Prizes" pages on the Training Website for applicable restrictions. Void outside the fifty United States and the District of Columbia, in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited or restricted by law. Wal-Mart Stores, Inc. sales employees are not eligible to enter due to Wal-Mart''s corporate policies. Employees and immediate families (parents, children or siblings, whether or not the individual lives in the same household) of Sponsor, its advertising and promotions agencies and each of their affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of the applicable sweepstakes and immediate families and members of households (whether related or not) of each of the foregoing are ineligible to enter. All federal, state, and local laws and regulations apply.
CONDITIONS: By entering, each participant agrees to abide by and be bound by these Official Rules and any other terms set forth for the applicable sweepstakes on the Training Website. Winners consent to use of their name and likeness for advertising/publicity purposes without additional compensation, except where prohibited by law. Sponsor makes no warranty, express or implied, with respect to the accuracy of any information supplied by manufacturers, including pricing, product editorial, marketing programs and special offers presented by manufacturers on the Website. Participants hereby release and hold harmless Sponsor, its vendors, its authorized retailers, its advertising and promotions agencies, and each of their respective parent companies, subsidiaries, related entities, affiliates, and agencies ("Releasees") from any and all claims, demands, losses and liabilities arising out of any sweepstakes hereunder or use or misuse of the prizes awarded hereunder. The Releasees assume no liability or responsibility for damages, losses or injury resulting from any and all sweepstakes hereunder or the acceptance or use of the prizes. Participant is responsible for all on-line charges incurred by Internet Service Provider.
Neither any Releasee, any telephone network, nor service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website, including but not limited to the Website, or on-line service, or any other error or malfunction, or late, lost, illegible, mutilated or misdirected entries. Entry materials that have been tampered with or altered are void. If the judges determine, in their sole discretion, that there is any suspected or actual electronic tampering with any sweepstakes or if technical difficulties compromise the integrity of any sweepstakes, the judges reserve the right to void the entries at issue and/or terminate or modify such sweepstakes and/or conduct a random drawing to award the prize using all eligible entries received as of the termination date. If any sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on the Training Website. Any attempt to deliberately damage the content or operation of any sweepstakes is unlawful and subject to legal action. GOVERNING LAW; JURISDICTION: Participant agrees that should legal proceedings be commenced as a result of his/her participation in a sweepstakes, with Sponsor being a party to such proceedings, all proceedings will be held in Los Angeles County, California. Any disputes arising from participation in the program shall be governed by and construed in accordance with the laws of the State of California.
WINNER'S LIST: For a winner''s list of any sweepstake''s winners, send a separate, self-addressed, stamped envelope (VT residents may omit return postage), clearly identifying the official name of the particular sweepstakes on the envelope, for each such request to:
Creative Channel Services, LLC,
ATTN: Sweepstakes Winners
12777 West Jefferson Blvd., Suite 120
Los Angeles, CA 90066-7038
after the end date of such sweepstakes but in no event later than thirty (30) days thereafter.
SPONSOR: Each sweepstakes is sponsored by Creative Channel Services, LLC, 12777 West Jefferson Blvd., Suite 120 Los Angeles, CA 90066-7038.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to: email@example.com
You may also contact us by writing to:
Creative Channel Services
ATTN: Sweepstakes Entry
12777 West Jefferson Blvd., Suite 120
Los Angeles, CA 90066-7038
These Official Rules were last updated on November 24, 2014.
- What information we collect and why we collect it.
- How we use that information.
- The choices we offer, including how to access and update information.
please contact us at: firstname.lastname@example.org
Information we collect(1) Personally Identifiable Information
(b) Through cookies or otherwise, we may also collect information about the Services that you use and how you use them, like when you visit different parts of our Services and what selections you make on the Services. This may include the information you choose to share when you update your profile, participate or interact with a module or other content, create affiliations or use one of our affiliated platforms.
(c) Subject to your consent in your relationship to your employer or other third party, we may receive Personal Information about you from your employer and other third parties, such as when your Personal Information is provided directly to us through an employer's data-feed, when you or someone else posts a photo you appear in, when someone responds to your posting or location, or adds you to a group within the Services. When people use the Services and their affiliated properties, they may store and share information about you and others that they have, such as when they upload and manage affiliations between themselves and other users – done either by a business or by other users.(2) Non-Personally Identifiable Information
(b) Mobile: When you download the App, you may choose to allow it to obtain your precise location from your mobile device. In this case, we will determine your zip code from the precise location data received from your mobile device. You may also elect to provide us with your zip code directly. Unless specifically associated with your personal information, zip codes are treated as non-personally identifiable information. We may also enable our App to offer automatic (or "push") notifications. We will provide push notifications only to those users who opt-in to receive such notifications from us. If you have questions about location and notification privacy or other privacy issues that relate to the mobile service or your device, please contact your mobile service provider or the manufacturer of you device to learn how to adjust your settings.(3) Technical information.
We may also automatically collect certain technical information such as:
- Device information. We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access our Services).
- Log information. When you use our Services or view content provided by us, we may automatically collect and store certain information in server logs. This information may include:
- details of how you used our Services, such as your navigation paths and search queries.
- mobile related information if you access our Services using your mobile device, including as set forth above. internet protocol address.
- device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
Blogs and Social Networking.
How we use information we collect
(1) Your Personal Information may be used by us (i) to process and evaluate your registration requests; (ii) to communicate with you; (iii) to administer assistance to you when requested; (iv) to inform you about our Services, including letting you know about upcoming changes or improvements; and (v) as required by applicable laws, rules or regulations, or the Terms of Service applicable to the Services.
(3) Subject to your consent, we may share or sell the information we collect to our partners and other third parties for use for their own purposes including direct marketing purposes
(4) class="bold-text">To delete your account, please see the "Setting your account to Opt-Out and Deleting your account" section below.
(5) We also share your Personal Information with third parties if we believe that the law requires us to do, or to protect our own property or the property of our affiliates, including detecting, preventing, or otherwise addressing fraud, security or technical issues or protecting against harm to the rights, property or safety of our users or the public.
(6) Additionally, in the event of a corporate restructuring (such as, a sale, merger or other asset transfer), we may share your Personal Information with a third party.
(8) Your Non-Personal Information can be used by us for any lawful purpose and may be shared with any number of third parties, provided that such information shall not specifically identify you. For example, we may share Non-Personal Information to show trends about the general use of our Services.
Offers and Promotions
We may from time to time offer you opportunities that are sponsored or co-branded with third parties. Such content may include contests, sweepstakes or promotions. In connection with such opportunities, subject to your consent, the relevant third parties may obtain Personal Information that you voluntarily submit to participate in such opportunity. We have no control over these third parties' use of such information.
Unsubscribe from email and other communications
If you do not want to receive email or other communications from us in the future, please follow the unsubscribe instructions provided in each email from us, or send an email to us at the address below, or call us at the telephone number below requesting to be removed from our mailing list.
Email Contact: email@example.com
Telephone Contact: (310) 482-6500
Please note that there might be a brief delay between when you submit your request to unsubscribe and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.
If you have any problems or questions, please let us know by contacting us at firstname.lastname@example.org and we will assist you with the process.
Accessing and updating your personal information
Whenever you use our Services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it or to delete it, unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
Setting your account to Opt-Out and Deleting your account
(1) Setting your account to Opt-Out
When you set your account to opt-out, other users will no longer see your personal profile, but we do not delete any of your information. Setting your account to opt-out allows you to Opt-In at some point in the future, if you so choose. While your account is set to Opt-Out, you may be able to see some content on cyberscholar.com, but you may not be eligible for incentives including but not limited to prize, certification, promotion and employee purchase programs at the discretion of Creative Channel Services, LLC.
(2) Deleting your account
When you delete an account, the personal information associated with your activity on the Site is permanently deleted from our and all related affiliate platforms over which we have control. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to 90 days. You should only delete your account if you are sure you never want to reactivate it. If you do register on the Site again after deleting your account it is not possible to recover your historical activity.
We are committed to using commercially reasonable efforts to maintaining the security of your Personal Information. To help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect. Although we use commercially reasonable efforts to protect the security of your Personal Information and our system, due to the inherent open nature of the Internet, no transmission via the Internet can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Services. Therefore, you assume that risk by using the Services.
Children Under 16
Our site is not directed toward children under 16 and we will not knowingly collect information for any child under the age of 16. If someone under the age of 16 has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database. If you are the parent of a child under the age of 16 and have a concern regarding your child's information on our site, please contact us at: email@example.com
Our Services and Servers are Located in the United States
Our Services are hosted and our servers are located in the United States. If you are outside of the United States, your information will be processed and stored in the United States and by using the Services (or opting in where requested) you are consenting to such processing and storage. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
Governing Law and Venue for Disputes.
You may also contact us by writing to:
Creative Channel Services
12777 West Jefferson Blvd., Suite 120
Los Angeles, CA 90066-7038
A "cookie" is a small amount of data sent to your browser from a web server and stored by your computer. Generally, cookies are used to enable us to deliver to you a better and more personalized service, assist us in tracking visits to the Website and to measure visitor patterns.
Third party advertisers that serve ads on the Website may also use their own cookies and similar technologies.
You can block cookies
What happens when you block cookies
In order to use some parts of our Website you will need to accept cookies. If you choose to withhold consent, or subsequently block cookies, some aspects of our Website may not work properly and you may not be able to access all or part of our Website.
What we do with cookies
Here is a list of the cookies we use, their purpose and how long we store them on your device.
Name of cookie Purpose – which we or third parties set the cookie and what we do with the information collected Duration – how long the cookie is stored on your device
Used for tracking the login session for users on Global CyberScholar, so they can receive credit for training courses and activities they complete
CFID, CFTOKEN, CFGLOBALS
Used for tracking the login session for users on CyberScholar, so they can receive credit for training courses and activities they complete
OAID, _OXLIA[id], _OXLCA[id]
Used by Revive and OpenX within CyberScholar to serve internal site ad banners and track impressions and clicks
__utma, __utmb, __utmc, __utmz, __utmv
Used by Google Analytics for browser-based usage tracking and web analytics
Up to 2 years
km_ai, km_lv, km_ni, km_uq, km_vs, kvcd
Used by KISSmetrics for user-based tracking of product features, web analytics, and A/B testing of new features
Up to 6 years
NRMLID, NRMPID, NRREFL, NRREFP, __ar_v4, __insp_norec_sess, __insp_nv, __insp_ref, __insp_slim, __insp_wid, _biz_EventA, _biz_ctA, _biz_frmA, _biz_nA, _biz_pendingA, _biz_uid, _mkto_trk, hit_signup_confirmation, login_service_login_newrelic_com_tokens, nr_zd_logged_in, optimizelyBuckets, optimizelyEndUserId, optimizelySegments, utag_main
Used by New Relic for monitoring site performance, reliability, availability, uptime, and debugging
Up to 85 years
You may also contact us by writing to:
Creative Channel Services
12777 West Jefferson Blvd., Suite 120
Los Angeles, CA 90066-7038