Wyzant, Inc. ("Wyzant") operates its websites and mobile sites, located at www.wyzant.com as well as Wyzant mobile applications (collectively, the "Sites"). Only users who are 18 years or older are permitted to use the Lesson Recording Feature to record lessons on the Wyzant Learning Studio located on the Sites (“Lesson Recording Feature”). By using the Lesson Recording Feature, you agree to the following Terms and Conditions:
The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or participates in or submits content or any material to the Lesson Videos (defined below). If you do not agree to these Terms and Conditions, then you may not use the Lesson Recording Feature. Use of the Lesson Recording Feature is subject to the Site Terms of Use and Privacy Policy, which are incorporated as part of these Terms and Conditions.
Functions, Availability, Storage, etc. of Lesson Recording Feature. The video recorded after using the Lesson Recording Feature (“Lesson Video” or in plural, “Lesson Videos”), will be processed and uploaded onto your Wyzant Account which may take up to 24 hours. The file will be stored for a period of approximately 30 calendar days and is not editable. If you navigate to your Online Lessons tab from your account, you will be able to view your currently stored Lesson Video file(s). The Lesson Video is not downloadable and is intended to be viewed only on the Wyzant Sites. You are not permitted to attempt to otherwise reproduce or display the Lesson Video outside of the Wyzant Site. We cannot guarantee the results of the quality of the Lesson Video as they may vary depending on the user’s bandwidth. You agree that your use of Lesson Recording Feature is for use only in connection with Wyzant lessons, and the resulting video is subject to all applicable local, state and federal laws and regulations. You also agree to comply with US federal and state law and local laws or rules regarding online conduct and acceptable material or otherwise use the Lesson Recording Feature for illegal purposes, and you agree, without limitation, that you shall not use the Lesson Recording Feature in connection with any content that:
User License Grant to Wyzant. You grant Wyzant, its affiliates, and related entities a royalty-free, perpetual, irrevocable, exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all the Lesson Videos. You also grant Wyzant and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Wyzant's Privacy Policy) included with any Lesson Video in connection with the use, reproduction or distribution of such Lesson Videos. You also grant Wyzant the right to use the Lesson Videos, or portions thereof, and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Lesson Videos or communication you transmitted through Wyzant for developing, manufacturing, and services. You grant all rights described in this paragraph in consideration of your use of the Lesson Recording Feature, without compensation of any sort to you. Wyzant does not claim ownership of any rights in the Lesson Videos.
Disclaimer of Responsibility for Material. Lesson Videos are not endorsed by Wyzant, and do not represent the views of Wyzant or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Wyzant does not control any of the Lesson Videos, and disclaims any responsibility for such Lesson Videos. Wyzant specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Lesson Videos. In addition, Wyzant does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free.
Review & Removal of Material. Wyzant reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, or remove in their entirety (at any time and without prior notice) any Lesson Videos that Wyzant believes, in its absolute and sole discretion, may violate the Terms and Conditions contained herein. You may contact Wyzant at info@Wyzant.com or Wyzant at Wyzant, Inc., 1714 N. Damen Ave, #3N, Chicago, IL 60647 to request removal of a Lesson Video. However, Wyzant disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. Wyzant also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Lesson Videos on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion.
Wyzant prohibits users from recording any copyrightable third-party materials as part of their Lesson Videos.
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 US copyright law. If you believe in good faith that Lesson Videos posted on the Sites infringe your copyright, you (or your agent) may send Wyzant a notice requesting that the Lesson Video(s) be removed from the Site(s), or access to it be 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 Sites 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 Wyzant to locate the Lesson Video(s); (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 Lesson Video 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-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 Sites should be sent to Attn: Compliance Officer, Wyzant, Inc. 1714 N. Damen Ave, #3N, Chicago, IL 60647 and/or Legal@wyzant.com. Wyzant suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
Indemnity. You agree to indemnify and hold Wyzant, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any loss, claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees arising from, or in connection with your use of the Sites, the Lesson Recording Feature, and/or your Lesson Videos.
Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, LESSON RECORDING FEATURE, LESSON VIDEO, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY
WYZANT, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES) IS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WYZANT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT SHALL WYZANT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WYZANT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF,
OR SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION THE LESSON RECORDING FEATURE. WYZANT ASSUMES NO RESPONSIBILITY AND
SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. WYZANT ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF
OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD-PARTY
WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY,
PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Jurisdiction and Applicable Law. You agree that these Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions. Wyzant makes no claims or assurances that the Site is appropriate outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms and Conditions, or services or features available on or through the Site must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
AUTHORIZATION
By clicking the “Yes, I Agree” button, I hereby consent to the audio and/or video recording of any Wyzant lesson in which I appear or participate, using the Lesson Recording Feature. I understand that I may revoke my consent to such recording only by de-selecting the consent button available via the www.wyzant.com full website. The revocation mechanism is not available via Wyzant’s mobile website or mobile application. I understand, if I revoke my consent after a lesson commences, such revocation will take effect for the next lesson via the Wyzant Learning Studio. All content recorded during any period of my consent may remain available on the Site in accordance with these Terms and Conditions. Revocation of consent shall not affect Wyzant’s right to maintain or use any Lesson Videos previously recorded with my consent.