FOUNDER'S ARTICLE:

A Note About Our Community: JewelryLessons.com is a venue, a place where people can buy or sell many kinds of content. We feature tutorials, articles, questions and answers, tips and other content. In other words, we help people distribute information and art related specifically to our jewelrymaking industry. As such, we also set out to provide a safe, friendly, and serious site for people of all ages and backgrounds.

JewelryLessons.com users are mostly artisans focused in the art of making jewelry for fun, hobby or commercial use. Because of this focused range, we plan to steer clear of content which is not related to our industry and would be considered inappropriate.

Our community has another maxim: we support and enforce copyrights, which means that you can't post content that you don't own or have permission to publish.

We are out to create a website which is a meaningful and useful tool for a lot of people, and that permits the exchange of knowledge and ideas that have real value. Below, you will find the terms and conditions for the use of JewelryLessons.com's web site. Please don't hesitate to contact support at Contact Us if you have any questions about the statements contained in this agreement.

Member Agreement: Contents

PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU MUST ACCEPT THESE TERMS BY CHECKING THE BOX BELOW IF YOU WISH TO USE ANY OF JEWELRYLESSONS.COM'S SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY JEWELRYLESSONS.COM.

1. Legal Agreement
2. Introduction
3. Content
4. Community Use
5. Privacy
6. Payment Terms and Userpoints
7. Delivery and Returns
8. User Registration and Information
9. Retiring Content and/or Terminating Membership
10. Restrictions on Use of Content
11. International Users
12. Operation of Site
13. Disclaimers
14. Limitation of Liability
15. Proprietary Rights
16. Miscellaneous
17. Term
18. Agreement and Amendments

1. Legal Agreement

The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to JewelryLessons.com's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and JewelryLessons.com (Eni Oken Designs, Inc. DBA Jewelrylessons.com).

Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

2. Introduction

JewelryLessons.com is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable Users to publish, and other people to purchase, digital content in on-line. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials.

3. Content

When you post Content on JewelryLessons.com's website, you keep your copyright, but you grant that JewelryLessons.com will provide a service to post, display, copy, and sell that Content within the limitations we determine in this agreement.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize JewelryLessons.com to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.

By posting your Content on the site, you grant that JewelryLessons.com, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and JewelryLessons.com may make minor modifications to the Content for technical reasons. Of course, JewelryLessons.com will credit you and/or the original artist, and we will usually ask you first. You further agree that JewelryLessons.com may make minor modifications to the Content for technical reasons.

By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

a. Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to JewelryLessons.com for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;

b. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;

c. Does not invade any individual's right of privacy or publicity;

d. Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;

e. Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);

f. Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or JewelryLessons.com rule or policy;

g. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;

h. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.
Despite all this, JewelryLessons.com cannot guarantee the accuracy, integrity or quality of Content.

JewelryLessons.com reserves the right to refuse to permit your publication on the Site of any Content that JewelryLessons.com, in its sole discretion, deems in violation of the terms and conditions set forth above.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

4. Community Use

The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to JewelryLessons.com. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold JewelryLessons.com responsible for any inadvertent damage to, corruption of or destruction of the Content. JewelryLessons.com is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. JewelryLessons.com will not be responsible for archiving or backing-up any Content. If any Content transmitted to JewelryLessons.com is damaged, lost or corrupted in any way, JewelryLessons.com will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to JewelryLessons.com.

As a User, you agree not to use the Site to:

a. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm anyone, including minors, in any way;

c. Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;

d. Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;

e. Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;

f. Impersonate another person or entity or to forge any e-mail communication or message; and

g. Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.

In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

JewelryLessons.com reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

5. Privacy

In general, JewelryLessons.com collects Personal Data when you register with JewelryLessons.com, when you use JewelryLessons.com services and when you visit JewelryLessons.com pages or pages related to the Content posted on JewelryLessons.com pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content (if you have selected to use the JewelryLessons.com Thank You Note program) and to improve JewelryLessons.com services. JewelryLessons.com endeavors to limit access to your Personal Data to only those JewelryLessons.com employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.

JewelryLessons.com will disclose Personal Data under the following circumstances:

a. In response to subpoenas, court order, other legal process, to establish or exercise JewelryLessons.com's legal rights or defend against a legal claim, or as otherwise required by law;

b. As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;

c. To JewelryLessons.com's trusted partners who work on JewelryLessons.com's behalf under confidentiality agreements;

d. If JewelryLessons.com is acquired by or merged with another company.

JewelryLessons.com will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of JewelryLessons.com's Privacy Pledge.

If you include your Personal Data in content that you upload for posting and/or purchase on JewelryLessons.com's site, that information may be widely available to other users. JewelryLessons.com does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in JewelryLessons.com's terms of agreement. JewelryLessons.com does not delete or redact your personal information from content you provide. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other JewelryLessons.com Users in a way that is inconsistent with JewelryLessons.com's Privacy Pledge. If you do, you will have violated the terms of this Agreement, and JewelryLessons.com may terminate your membership.
JewelryLessons.com is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on JewelryLessons.com's site.

JewelryLessons.com will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.

Your Personal Data does not include Your JewelryLessons.com username, and any information you make available through your Public Contact settings. Your JewelryLessons.com username and Public Contact information may be displayed on the site to other users.

For a complete description of JewelryLessons.com's use and disclosure of your Personal Data and our contact information, please review JewelryLessons.com's Policies found at Policies.

6. Payment Terms and Userpoints

In order to purchase Content on site, User must possess either a valid credit card, a PayPal account (http://www.paypal.com/) or have enough Userpoints to redeem content.

About Userpoints: Users of the site who post content at JewelryLessons.com earn "Userpoints" for participation. These Userpoints can be used later to redeem certain benefits at the site such as being featured as guest artists, purchase tutorials or others. JewelryLessons.com is solely responsible for establishing the amount of userpoints needed to redeem each type of benefit, including content sale and can change the values at our discretion. This process is fundamental for establishing community participation.

About Base Cost and Final Price of Published Content: During the publishing process, Users are asked to choose the amount of creator revenue they will receive for each piece of Content sold (“Base Cost”). If JewelryLessons.com sells your content, and we receive payment, JewelryLessons.com will pay you the creator revenue amount you chose. In general, JewelryLessons.com's service fee is 50% of the net amount (“Final Price”) actually received for your Content.

For example, if a User publishes a tutorial with a Base Cost of $2.50, JewelryLessons.com will set the price of the tutorial at $5.00. So:
Creator Revenue: $2.50
JewelryLessons.com fee: $2.50
Final price of download: $5.00

In this example, the Final Price is $5.00, of which you get HALF - 50% ($2.50) and JewelryLessons.com gets 50% ($2.50). However, if you choose to make your Content free, JewelryLessons.com waives its service fee altogether. Exceptions to the 50% margin rule will be applied in the case of special offers, content purchased through Userpoints or discounts to Users who purchase their own Content in bulk. You agree that Content sold by userpoints will result in no revenues to you as a vendor and should be considered as necessary marketing expense. You also agree that content sold in bulk, special promotion or other discounted prices will result in partial discounted revenues to you as vendor.

If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the "My Earnings” page which appears on the “My Profile” navigation bar of the site. All payments of Creator Revenue due to you are paid via PayPal and are made in US dollars.

You will receive your creator revenue on a monthly basis. Specifically, no later than 31 days after the end of a month JewelryLessons.com will make a good faith effort to pay you, using the contact information in our records.
If JewelryLessons.com owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $5 is reached. It is your responsibility to update your contact information if it changes. If your Paypal account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.

In order to use the basic JewelryLessons.com Service you are not required to provide any taxpayer information.

7. Delivery and Returns

All Content is delivered electronically via the automated system of JewelryLessons.com. Delivery of goods is made immediately after payment by Users has been cleared and complete. Should the payment of the User be delayed or not cleared, delivery will be delayed accordingly. Should the payment not be completed for any reason, including but not limited to fraud, then JewelryLessons.com does not consider the transaction as complete and owes no revenues to the Teachers. Should Teachers choose to deliver content using their own means such as email before payment is complete, they do it at their own risk.

Content that has been purchased in electronic format will be accepted for return only if it is damaged when received by the purchaser. If you receive an electronic file that is damaged in some way we will be happy to provide a replacement copy. Please notify us by using the form at Contact Us.

Because JewelryLessons.com provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.), formatting or design. JewelryLessons.com provides a template which Creators are requested to use to format the layout of their documents, however, the Creators and Users are solely responsible for the content and quality of the information provided, including the quality of the imagery presented in those documents. JewelryLessons.com's staff does monitor and checks only superficially individual Content prior to publication through our web site to see if it conforms to the standard layout of the site.

JewelryLessons.com also suggests modifications to the instructions and content which may be or may not be followed by the Creator.

8. User Registration and Information

We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.

You will have the opportunity to select a Username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your Username and Password, and (b) maintaining the confidentiality of your Username and Password. Only one individual may access the Site at the same time using the same Username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, Username or Password or any other breach of security regarding the Site of which you are aware. JewelryLessons.com may refuse to grant you a Username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.

9. Retiring Content and/or Terminating Membership

If you wish to terminate your Membership, please contact us Contact Us with a specific request to do so.

When you choose to 'retire' or 'delete' your Content from JewelryLessons.com, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you can delete it from the site. The exceptions to your ability to remove Content are as follows:

a. Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on JewelryLessons.com, then the derivative work remains available even when the original work is retired;

b. Content retained in our archives to the extent required by our data backup systems or, at JewelryLessons.com's discretion, for archival purposes. JewelryLessons.com will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected;

c. Content that has been sold or used in another project may still be retired, but that Content will continue to appear on the site; and

d. Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' My Downloads) to Users who have purchased that Content.

JewelryLessons.com does not retain any residual rights to deleted or retired work other than those outlined above.

If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.

10. Restrictions on Use of Content

If you purchase Content from the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:

a. You may not resell the Content or otherwise profit from its use or display;

b. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible ONLY IF EXPLICITLY designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;

c. The Content owners who sell Content through JewelryLessons.com retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and

d. You will not remove or obscure any proprietary rights notices contained in or on the Content.

11. International Users

JewelryLessons.com makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.

12. Operation of Site

Technical, maintenance and other issues may make JewelryLessons.com unavailable from time to time. JewelryLessons.com makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. JewelryLessons.com may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.

13. Disclaimers

Everything on JewelryLessons.com's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by JewelryLessons.com and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, JewelryLessons.com cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.

REGARDING DOWNLOADS, JEWELRYLESSONS.COM DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. JEWELRYLESSONS.COM WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.

14. Limitation of Liability

In no event shall Eni Oken Designs, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if JewelryLessons.com or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of JewelryLessons.com, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to JewelryLessons.com in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF JEWELRYLESSONS.COM, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST JEWELRYLESSONS.COM IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.

Indemnification

If someone takes JewelryLessons.com to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by JewelryLessons.com. In other words, you shall indemnify and hold JewelryLessons.com harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that JewelryLessons.com may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.

15. Proprietary Rights

JewelryLessons.com is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. JewelryLessons.com owns the design, format and layout of the Site. JewelryLessons.com authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from JewelryLessons.com does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, JewelryLessons.com grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.

The JewelryLessons.com logo and the names of all JewelryLessons.com products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of JewelryLessons.com.

16. Miscellaneous

This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of California, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Los Angeles, California. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. JewelryLessons.com and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.

17. Term

This Agreement is effective until terminated. JewelryLessons.com may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by JewelryLessons.com. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

18. Agreement and Amendments

By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.

JewelryLessons.com may change the terms in this Agreement from time to time. When the terms are changed, JewelryLessons.com will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify JewelryLessons.com and discontinue your use of the Site. If you use the Site after JewelryLessons.com has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.

Welcome to JewelryLessons.com!

Updated November 14, 2008