Effective Data / Last Updated: May 1st, 2016
Welcome to the www.taprootvideo.com website and Applications (the “Site”) of Taproot Video Cooperative, a Washington state non-profit cooperative (“Taproot Video,” also referred to herein as “us,” “we” and “our”). We appreciate your interest in using our services (“Services”) and DVDs (separately, “Products,” and collectively “Offerings”). As part of our Offerings, we provide our Registered Users (defined below) access to our Site, and to a wide array of folk arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and/or messages, and a forum for blogs and postings (collectively, “Content”) from experienced artist instructors (“Artists”), students and others. This content is accessed by streaming it over the internet, or by purchase of physical DVDs.
PLEASE THEREFORE CAREFULLY READ THIS AGREEMENT BEFORE YOU REGISTER OR PURCHASE ANY CLASSES. IF YOU DO NOT AGREE WITH THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT REGISTER OR USE ANY SERVICES OF THIS SITE. Any acceptance of your offer, and the provision of our Offerings will be deemed to occur at our principal places of business, in Bellevue, Washington.
Future Changes to Agreement
We reserve the right, in our sole discretion, to change this Agreement at any time, effective ten (10) days after posting of the revised Agreement on the Site. Your continued use of the Site or any Services after such posting or notification means you accept all revisions. If you do not agree to the revised Agreement, you must terminate this Agreement pursuant to the termination provisions below, and discontinue your use of this Site and all Services. Except solely as provided in this paragraph and the severability provision of this Agreement, this Agreement may not be changed without the handwritten (non-electronic) signature of an authorized person at Taproot Video.
Registration, Profiles, and Access
In order to access the Websites, you will have to create an account. You may never use another's account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Taproot Video immediately of any breach of security or unauthorized use of your account. Although Taproot Video will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Taproot Video or others due to such unauthorized use.
Only Registered Users may view restricted Content or otherwise use restricted portions of the Site, leave comments or reviews, or request or receive certain Services
We reserve the following rights; to deny any person access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of this Agreement or appear likely to do so. By granting you access at any time, we do not obligate ourselves to maintain the Site in any form, and we expressly reserve the right to modify, suspend, or terminate any user’s access privileges. You understand and agree that we may, in our sole discretion and without any prior notice, close the Site and delete any files which you may have at the Site and any information which you may choose to post. You should keep a copy of any material which you post to or maintain at the Site because we will not plan to retain copies of any material which we may delete from the Site.
The Taproot Video Application allows you to access certain materials and functionality available on the Site through a tablet or mobile device. Taproot Video reserves the right to withdraw or change any Application at any time for any reason. As a Registered User, you acknowledge that the terms of the agreement with your mobile network provider will continue to apply when using an Application. You acknowledge you may be charged by your mobile network provider for access to mobile network connection services while accessing an Application from this Site or any such third party charges that may arise, and you accept responsibility for any such charges. If you are not responsible for the bill payment of the service for the mobile telephone or handheld device being used to access an Application, you will also be assumed to have received permission to access the Application from the responsible party. This is especially relevant between parents and their children. To use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the Application. Taproot Video does not accept any responsibility for any Application being unavailable, or for any difficulty or inability to download or access content or any other communication system failure that may result in an Application being unavailable or loss of any data or content which you may have provided to the Site. Taproot Video will not be responsible for any support or maintenance for Applications.
Communication from the Site
When you visit our Site or email us, the communication is electronic. You agree to receive communications from us electronically, either by email or notices we post on our Site, and if it becomes necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be ‘in writing’.
To Registered Users, we grant a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license to access and use the Site and Services only in order to view such Content on no more than one computer or personal device at any given time and, only for your non-commercial, personal or household use (“License”). Except for the above limited License, no right, title or interest is provided to you.
Except as allowed in the License and except for your own Content that you authored and uploaded to the Site (for example comments and reviews), you may not do any of the following; download or copy, distribute, transmit, display, perform publicly, publish, upload, edit, post, link to, frame, transmit, rent, lease, lend, sublicense, modify, create derivative works of, or offer for sale, in whole or in part, any Content, advertisements, or other information contained on, or obtained from or through, the Site without our express written consent.
Without limiting the generality of the above, you may not distribute any part of the Content over any network, including a local area network, nor sell nor offer them for sale.
Updates and Software
At various times, Taproot Video may choose to make available updates, enhancements, bug fixes, or changes to the Services or Site (collectively, “Service Updates”). Service Updates may be: (1.) automatic (general network changes and additional features or updates to data); (2.) your choice, in which case you will receive information and instructions for how to authorize optional Service Updates; or (3.) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to fully utilize the Services. Taproot Video will not be responsible for any support or maintenance for Applications. Taproot Video does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable.
Payment for Classes Fees, Class Coupons, and Refund Policy
WE RESERVE THE RIGHT TO MODIFY, TERMINATE OR OTHERWISE AMEND THE OFFERING OF CLASS COUPONS AT ANY TIME WITHOUT PRIOR NOTICE. By starting your Taproot Video account, you expressly agree that we are authorized when you purchase a class to charge to the Payment Method you provided at that time (or to a different Payment Method if you change your Billing information or we change Payment Methods) the applicable fee at the then current rate plus any applicable taxes, and any other charges you may incur in connection with your use of the Services or purchase of Products. We will bill your Payment Method for such amounts as covers the said purchase. Discounts, rebates or other special offers are only valid for user with an active Taproot Video account. A user must have an active account to redeem Class coupons. UNUSED GIFTED CLASS FEES ARE NON-REFUNDABLE. Gifted classes have no exchange, cash or surrender value. Each Subscriber’s License is expressly conditioned upon timely payment of all applicable fees. At any time, and for any reason, we may provide a refund, discount, bonus, or other offer to some or all of our account holders (“considerations”). The amount and form of such offers, and the decision to provide them or not, are at our sole and absolute discretion. The provision of such discounts in one instance does not entitle you to discounts in the future for similar instances, nor does it obligate us to provide discounts in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least thirty days’ advance notice of these changes via email. Such notices to you shall be deemed to have been given upon this electronic transmission.
You must have Internet access and a valid Payment Method to purchase to our Services or purchase a gift class. All prices, features, specifications, Offerings, and Content are subject to change or discontinuance at any time without prior notice. All prices are listed in U.S. dollars and are valid until altered by Taproot Video. Our payment method is through 3rd party payment processors such as Amazon Payment, (currently accepting VISA, MasterCard, and American Express credit cards, PayPal (in some instances), and may accept in the future other payment methods (collectively, “Payment Methods”). We have no control over 3rd party payment processors, nor which payment cards they accept, and we reserve the right to change the Payment Method at any time without notice. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information. Prices are subject to change without notice. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
Due to the potentially large amount of Content posted by users on the Site, we generally do not undertake to monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists, other Content providers (students giving comments), and other users of the Services. We reserve the right but have no obligation to monitor interactions between you and other users of the Services, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Services may consider to be unlawful, obscene, lewd, lascivious, filthy, excessively violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable.
By commenting, reviewing classes, posting photos, sending to us any User Submissions (including your Profile information), you hereby grant us perpetual, irrevocable, royalty-free, right to use in any media now known (or created in the future), and to display your User Submissions throughout the world in any media, for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and User Submissions, you hereby irrevocably waive any claims based on moral rights, if any, to such User Submissions.
You agree that you will not: (1.) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, (2.) publish falsehoods or misrepresentations that could damage Taproot Video or any third party; (3.) submit material that is offensive, including but not limited to content which is obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, discriminatory on the basis of race, ethnicity, gender or sexual orientation; (4.) post advertisements or solicit business; (5.) impersonate another person or otherwise misrepresent yourself; (6.) use the Site in any unlawful manner; (7.) intimidate or harass another student;(8.) use or attempt to use another’s account, or create a false identity on the Site.
We expect all users to act responsibly when using the Services. You may only use the Services, Site, and Content for lawful purposes. You agree that if any third party claims that any of your User Submissions are unlawful, you will bear the burden of establishing that they are lawful.
Intellectual Property Non-Infringement and Other User Conduct
In your use of our Site or Services, you may not: (1.) attempt to disrupt, interfere with, or damage the Site or any Service or any web sites linked to our Site, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other methods or technology;(2.) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation;(3.) engage in any activity that interferes with a third party’s ability to use or enjoy the Site or Services.
You agree that all content included on and software used on or by the Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, and all related intellectual property rights, are the exclusive property of Taproot Video, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws.
Taproot Video, the Taproot Video logo; are trademarks owned by Taproot Video Cooperative (doing business as “Taproot Video”). All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Taproot Video. All other trademarks, trade names, service marks and the like that appear on the Site, Service or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.
Ownership of Data
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
EXCLUSION OF DAMAGES
Taproot Video AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, ARTISTS, PARTNERS, SERVICE PROVIDERS, AND/OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION, YOU (AND NOT Taproot Video) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICES AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, THE FOREGOING LIMITATION EXCLUSION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY
We assume no liability or responsibility to you for any (1.) mistakes or inaccuracies of content, instructor submissions or student submissions; (2.) personal injury and/or property damage of any nature whatsoever resulting from your use of this Site; (3.)any bugs, viruses or the like which may be transferred to or through our Site by a third party. Taproot Video does not endorse, guarantee, warrant nor assume responsibility for any product or service mentioned in these classes. As with any purchase of a product or service, use your best judgement and exercise caution.
We do not guarantee that the classes (1.) will be uninterrupted (2.) will be free of inaccuracies, viruses, defects (3.) meet your expectations (4.) will operate with your hardware or software system. You assume all risk in the use of this Site and its offerings.
Limitation of actions
Any claim arising for use of this Site must be made in writing and be received by us within 6 months of the problem arising, or shall be forever barred.
Arbitration of Disputes
Any dispute relating in any way to your visit to the Site and/or to your purchase or use of any Services or any privacy-related issues shall be submitted to confidential arbitration in Bellevue, Washington, United States of America.
In the event of any dispute or for any other information
Taproot Video Cooperative
5527 166th Pl SE
Bellevue, WA 98006
In appropriate circumstances, and in our sole discretion, we may terminate the rights of any user to use the Site (or any part thereof) who infringes the intellectual property rights of others. This means the classes are the sole property of the instructors teaching them, and you agree not to pirate the class in any way.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your intellectual property rights have been violated in connection with the Service, please notify Taproot Video’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at firstname.lastname@example.org
Please provide the Agent with the following Notice:
- Identify the material on the Site that you claim is infringing, with enough detail so that it may be located on the website
- 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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Taproot Video will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).