We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of May 19, 2021.
Description of Service
The DBD Service allows students to find classes that they are interested in taking, and allows teachers to find students interested in taking their classes.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by national copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Driven by Design Creative Agency LLC, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by DBD in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by DBD in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DBD or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the DBD name or trademarks without the express written consent of DBD.
Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. DBD does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize DBD to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You hereby grant to DBD a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to DBD by all means and in any media now known or hereafter developed. You also grant to DBD the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DBD for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DBD.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyrights, Licenses and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Rules for All Users
DBD is a community of millions of learners. When you sign up for the Site, you agree to the following rules:
- You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
- Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
- You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
- You assume full responsibility for the content of the Service offered.
- You understand that classes posted are publicly available to be viewed and accessed by any student.
- You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- You will not share content from the Service with anyone who is not properly licensed to access the content.
- You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
- You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
- You will not impersonate any person or entity, including any of our employees or representatives.
- You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Specific Rules for Teachers
When you publish a class on the Site, you agree to the following rules:
- You will honor any enrollments through dbdcreativeagency.com at the price and time listed in the Service, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.
- You grant us the right to place advertisements on your content at our sole discretion.
- Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
- You represent and warrant to DBD that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
- You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
- You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.
- You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
- You agree that you will not submit content to DBD that violates the DBD Community and Class Guidelines, which may be occasionally updated.
- DBD reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
Specific Rules for Students
When you enroll in a class on the Site, you agree to the following rules:
- You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on DBD.
- You will follow all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.
- You may access class content for your information and personal use only.
- You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.
- DBD reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
Cancellations and Refunds
Driven by Design Creative Agency LLC is not responsible or liable for any refunds for classes, courses, workshops, or other purchases on the Service.
Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your DBD Membership through the end of your current billing period.
Driven by Design Creative Agency LLC also known as “DBD” Rights
DBD reserves these rights:
- We can make changes to the DBD Site and Services without notice or liability.
- We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use DBD in that jurisdiction.
- We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- We have the right to remove a teacher from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
- We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.
DBD is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
When a student takes a class on DBD, we will share the student’s username and profile with the teacher for the purpose of teaching these students on DBD. By enrolling in a class on DBD, a student grants to us permission to share that student’s information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for DBD-related communications or for DBD-facilitated transactions. The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any DBD misuse any student’s personal information. Remember that you need to comply with all relevant legal rules when you use DBD. This include applicable data protection and privacy laws which govern the ways in which you can use another DBD user’s information.
Teaching or Participating in a Class
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but DBD has no control over either party’s compliance. Among other things, DBD cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, DBD shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DBD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DBD PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or participation in a class is at your sole risk. DBD does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DBD AND EACH OF THE OTHER DBD PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”