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Terms of Use

Last modified: April 22, 2020

The Savannah College of Art and Design, Inc. (“SCAD”, “we”, “us” or “our”) is a private, nonprofit institution focused on providing an excellent arts education and effective career preparation for students.

Please carefully read the following terms and conditions of use (the “Terms of Use”) because they describe your rights and responsibilities and form a legally binding agreement between you and SCAD. For purposes of these Terms of Use, “you” and “your” means the person using the Service (as defined below). If you use the Service on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf.

Your use of the https://www.scad.edu/ website, and any other website owned or operated by or on behalf of SCAD, including any related sub-site, service or feature thereto, social media site and all content and software associated therewith (each a “Site” and collectively the “Sites”), SCAD’s related mobile device applications (in each case, the “App”), and related content, software, applications, widgets, materials and/or services (together with the Sites and the App, the “Service”) constitutes your agreement to these Terms of Use.

Additional or different terms may apply to some offerings on our Service. Those terms will be posted on the Service in connection with the relevant offering. If other terms are inconsistent with these Terms of Use, the other terms will govern for the relevant offering.

By your use of the Service, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Service and to enter into and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Service is not intended for children who are under 13 years of age.

 

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE OR THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

Your use of the Service is subject to these Terms of Use and our Privacy Policy set forth at https://www.scad.edu/content/privacy-and-terms-use (the “Privacy Policy”). Accordingly, by using the Service or any part thereof, you hereby agree to these Terms of Use and the Privacy Policy. We collect information about you, including in relation to your use of the Service. We also monitor use of the Service for a wide variety of different purposes, including preventing hacking and improving the Service. Further information about how we collect and use information we collect is set forth in the Privacy Policy.

Any new features or tools added to the current Service shall constitute part of the Service and shall also be subject to these Terms of Use. You can review the most current version of these Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Service. Any such changes shall become effective immediately upon posting. It is your responsibility to check this page periodically for changes to these Terms of Use. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

1. Grant of a Limited License

Subject to your agreement to and continuing compliance with these Terms of Use, SCAD hereby grants you a personal, non-exclusive, non-assignable, non-transferable, limited license to access and use the Service for your personal and non-commercial use only. You may not use the Service, the App, the Sites, or any part or portion of any of the foregoing, for any other purpose, including in any way that breaches our Privacy Policy, or any other agreement applicable to the Service. Any approved use of the Service is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Service is being transferred or assigned, and this Terms of Use should not be construed as a sale of any rights in the Service.

2. License Limitations

The license granted to you in Section above is subject to the limitations as set forth in Sections and (collectively, the “License Limitations”). Any use of the Service in violation of the License Limitations or these Terms of Use will be regarded as an infringement of SCAD’s rights. The above granted license in Section does not grant you the right to, and you hereby agree that you will not, under any circumstances:

    a) download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service, without SCAD’s prior express written consent;

    b) duplicate, decompile, reverse engineer, disassemble, decrypt, decode, translate, or derive source code from any aspect of the Service (including any underlying idea or algorithm), or attempt to do any of the same;

    c) decrypt or modify any data transmitted between a client and the SCAD server in a manner not expressly authorized by SCAD;

    d) use third-party software that intercepts, collects, reads, mines, or stores user information gathered by SCAD or generated by the Service;

    e) use, reproduce or remove any copyright, trademark, trade names, slogans, logos, images, service marks or other proprietary notations displayed on or through the Service;

    f) frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of SCAD without our prior express written consent;

    g) purchase search terms or use any meta tags or any other “hidden text” utilizing the SCAD name or trademarks;

    h) use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Service or use any device, software or routine that causes the same;

    i) attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;

    j) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service; k) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

    l) use the Service to impersonate, or attempt to impersonate SCAD, a SCAD employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing) or otherwise misrepresent yourself;

    m) use the Service to ask users for their personal information;

    n) use the Service for illegal, harassing, unethical, or disruptive purposes;

    o) use the Service in any way that would adversely affect or reflect negatively on SCAD, the Service, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion of the features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;

    p) violate any applicable law or regulation in connection with your use of the Service;

    q) use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Service, including with respect to any CAPTCHA displayed on the Service. Operators of public search engines may use spiders to copy materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; or

    r) use the Service in any way not expressly permitted by these Terms of Use.

You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

3. Data and Intellectual Property Ownership

SCAD takes its data and intellectual property rights very seriously. As between SCAD and the user, SCAD owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service. SCAD’s intellectual property rights include, but are not limited to, copyrights, trademark rights, trade dress rights, and trade secrets. You agree that you have no right, title or interest in or to the Service or any other SCAD content.

Savannah College of Art and Design™, SCAD, the SCAD logo, and all related trademarks are the property of SCAD. SCAD names and trademarks may not be used by third parties without the express prior written permission from SCAD. Other trademarks, service marks, and trade names used on the Site are the property of their respective owners. All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by SCAD and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by SCAD on the Service, or in connection with the Service are the exclusive property of SCAD and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. SCAD and its licensors reserve all rights in connection with the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom.

 

4. User Accounts

In order to use certain features of the Service, you may be required to have and maintain a valid and active user account or other authorized-user credentials, such as activation codes, tokens, serial numbers or user keys, with an online service, such as a social network account (“Third-Party Account”), or an account with SCAD or a SCAD affiliate to function properly, either in whole or in part. The Service may also require you to create a software-specific user account with SCAD or a SCAD affiliate (“User Account”) in order to access certain functionality and features of the Service. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Service and for any unauthorized use of them. You may not sell, transfer or allow any other person to access your User Account or login credentials, or offer to do so. You are entirely responsible for maintaining the confidentiality of your User Account’s login credentials. If you have reason to believe that someone is using your User Account or Third-Party Account without permission, you should contact us immediately. Although we are not responsible for any loss or damage resulting from unauthorized use of your User Account or Third-Party Account, you may be liable for the losses of SCAD or others due to such unauthorized use.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY USER ACCOUNT STORED OR HOSTED BY OR ON BEHALF OF SCAD (WHETHER OR NOT HOSTED ON A SCAD SYSTEM), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SCAD.

SCAD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY USER ACCOUNT FOR ANY REASON OR FOR NO REASON AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.

 

5. User Content and Feedback

In connection with the Service you may be permitted to create, upload or transmit communications, images and sounds (including your voice and likeness), or other content (“User Content”) to the Site or other portions of the Service in various forms. By submitting User Content, you certify that you are at least the age of majority in the jurisdiction from where you are using the Service, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content. You agree, promise and represent that your User Content shall not: (a) infringe any third-party intellectual property or other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, child pornographic or harmful to minors; or (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for the content of your User Content. However, while SCAD does not and cannot review all submitted User Content, we reserve the right to take any action with respect to your User Content if we believe it may create liability for us or harm to the Service, or may cause us to lose (in whole or in part) the services of our suppliers, or otherwise cause harm.

By submitting User Content and/or feedback regarding the Service to SCAD through the Service or other means, you hereby (i) grant SCAD a perpetual, irrevocable, worldwide, paid-up, non-exclusive, transferable, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, publicize, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content or feedback, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or hereafter developed, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity); (ii) grant SCAD a perpetual, irrevocable, worldwide, paid-up, non-exclusive, transferable, license (including the right to sublicense to third parties) to display and otherwise use your name, image, likeness and User Content for the purpose of advertising and promoting SCAD, User Content and/or the Service, in any form of media now known or hereafter developed, including printed publications, in digital reproductions and displays, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity); (iii) waive any moral rights you have in any User Content, to the extent permitted by applicable laws; (iv) represent and agree that any persons appearing and/or depicted in such User Content have consented to such use and grant of rights as outlined above; and (v) agree that User Content is not being provided to us in confidence, there is no confidential or fiduciary relationship between you and us and you have no expectation that we will review, acknowledge or compensate you for your User Content. You shall not (and shall not permit any third-party to) create, upload, download, post, submit or otherwise distribute, or facilitate distribution of, any User Content on or through the Service, that:

    A. infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty (see our Notice of Infringement - DMCA policy below); for example, by reproducing articles, logos, trademarks, pictures, photos or other materials that are not owned by you (or which you do not have a license to reproduce on the Service);

    B. you know is false, misleading, untruthful or inaccurate;

    C. constitutes unauthorized or unsolicited advertising, junk, spam or bulk email;

    D. is subject to any obligation or condition (including under any “open source” license such as the GNU Public License, Lesser GNU Public License, or Mozilla Public License) that could require or condition the use or distribution of such User Content or any portion thereof on (I) the disclosure, licensing, or distribution of any source code for any portion of such User Content, or (II) the granting to licensees of the right to make derivative works or other modifications to such User Content or portions thereof; or

    E. includes your or another’s identification documents, personal information, or sensitive financial information.

 

6. Content Screening and Disclosure

SCAD does not, and cannot, pre-screen or monitor all User Content. Our representatives may however monitor and/or record your communications (including without limitation chat text when you are on the Service), and you hereby provide your irrevocable consent to such monitoring and recording. You further acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat, text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these Terms of Use; (c) to protect SCAD’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

 

7. Third-Party Websites, Apps or Resources

The Service may provide links to other websites, apps or resources by third parties. These third-party websites, apps and resources are provided for your convenience only. The third-party websites, apps and resources are not reviewed, controlled, examined, sponsored, or endorsed by SCAD, and SCAD is not responsible for the information, advertising, products, resources or other material of any third-party website, app or resource, or any link contained in a third-party website, app or resource. The inclusion of any website, app or resource does not imply endorsement of the owner/sponsor of the website, app or resource or its content by SCAD. YOUR USE OF ANY SUCH THIRD-PARTY WEBSITES, APPS OR RESOURCES IS AT YOUR OWN RISK. None of SCAD or its licensors or partners (the “SCAD Parties”) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such websites, apps or resources. These third-party websites, apps and resources have separate and independent privacy policies, notices and/or terms of use, which we recommend you read carefully. Once you leave our servers, use of any information you provide is governed by the privacy policy, notices and/or terms of use of the operator of the site you are visiting. None of the SCAD Parties shall be responsible for the policies or the content of such websites.

 

8. Notice of Infringement – DMCA Policy

Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to SCAD’s copyright agent identified below in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

    A. identification of the copyrighted work that is claimed to be infringed;

    B. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

    C. information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;

    D. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent or the law;

    E. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

    F. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by noting this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Notices of copyright infringement claims should be sent by mail to our copyright agent as follows: The Savannah College of Art and Design, Inc., Attn: Brad Grant, 15 Drayton Street, Savannah, GA 31402-3146; by phone: (912) 525-4001, or by email: [email protected] SCAD will respond expeditiously to claims of copyright infringement using the Service that is reported to SCAD’s copyright agent in the manner of notification explained above. It is SCAD’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or other intellectual property rights of others.

Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

 

9. Changes to Terms of Use or the Service

SCAD reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of these Terms of Use, any feature of the Service, content, data, software or equipment needed to access the Service, effective with or without prior notice; provided, however, that material changes to these Terms of Use agreement will not be applied retroactively. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with the Terms of Use, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. SCAD may change, modify, suspend, or discontinue any aspect of the Service at any time. SCAD may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. The entire risk arising out of the use of the Service remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

 

10. Termination

These Terms of Use are effective until terminated. You may discontinue your use of the Service. SCAD reserves the right to terminate and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of the Service, at any time, effective immediately, with or without notice, in the event of any conduct by you which SCAD, in its sole discretion, considers to be unacceptable or a violation of these Terms of UseIf SCAD terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service. The provisions of Sections -, and - of these Terms of Use shall survive any termination of your use of the Service.

 

11. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE SCAD PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE SCAD PARTIES ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF, OR ACCESS TO, OR USE OF THE SERVICE.

FOR THE AVOIDANCE OF DOUBT, SCAD DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT HEREIN.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may, in whole or in part, not apply to you.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

 

12. Limitation of Liability

SCAD IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE, INCLUDING ANY LOSS OF USE OR LOSS OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE. IN NO EVENT SHALL THE SCAD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THE TERMS OF USE, THE SERVICE OR USE OF THE SERVICE OR THE DELAY OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE SCAD PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SCAD IS TO STOP USING THE SERVICE.

IN NO EVENT SHALL ANY OF THE SCAD PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE GREATER OF (i) THE AMOUNT PAID FOR THE SOFTWARE, OR (ii) US $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of SCAD Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

13. Indemnification

To the greatest extent possible under applicable law, you agree to defend, indemnify and hold harmless SCAD Parties, and our licensors, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Use for which you are responsible or in connection with your distribution of any content on or through the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold SCAD Parties and our licensors harmless from and against any claims, damages, judgments, liabilities and expenses (including attorney fees) arising from improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any content you contribute, and that you will indemnify and hold harmless SCAD, SCAD’s licensors and affiliates from any liability or damages arising from your conduct on the Service, including any content that you contribute.

 

14. Equitable Remedies

You agree that your breach of these Terms of Use may cause irreparable injury to SCAD for which monetary damages would not be an adequate remedy and that SCAD shall be entitled to seek equitable relief, without being required to post a bond other security, or to prove actual damages, in addition to any remedies it may have hereunder or at law.

 

15. Dispute Resolution and Governing Law

THIS SECTION APPLIES TO ALL USERS TO THE FULLEST EXTENT ALLOWABLE BY LAW. BY ACCEPTING THESE TERMS OF USE YOU EXPLICITLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST SCAD. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    A. Binding Arbitration. Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, and including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration before a single arbitrator in accordance with the JAMS International Arbitration Rules in Atlanta, Georgia, United States of America. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

    For non-commercial consumer disputes (where a “consumer” is any user who has not generated any income or profit in association with his or her activities involving the SCAD Service), the following additional standards apply:

    B. Restrictions. You and SCAD agree that any arbitration shall be limited to the dispute between SCAD and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    C. Exceptions to Informal Negotiations and Arbitration. You and SCAD agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or SCAD’s intellectual property rights; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief. Any dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and SCAD agree to submit to the personal jurisdiction of that court.

    D. Location. The Service is controlled and operated by SCAD from its offices within the State of Georgia, United States of America. SCAD makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    E. Governing Law. Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Georgia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

      i. this arbitration agreement is reciprocally binding on all parties;

      ii. this Section of the Terms of Use constitutes your notice of the arbitration clause;

      iii. remedies that would otherwise be available under applicable federal, state or local laws remain available under the arbitration clause;

      iv. the arbitrator will be neutral and you will have a reasonable opportunity to participate in the process of choosing the arbitrator(s);

      v. if you are a resident of the United States, any arbitration brought against you will take place at any reasonable location within the United States convenient for you;

      vi. for residents outside the United States, any arbitration shall be initiated in the County of Fulton, State of Georgia, United States of America;

      vii. any arbitration brought by you against SCAD shall be initiated in Atlanta, Georgia;

      viii. in the event of arbitration, you are encouraged to retain counsel;

      ix. with respect to the cost of the arbitration, when a consumer initiates arbitration against SCAD, the only fee required to be paid by the consumer is $250. All other costs must be borne by SCAD, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. When SCAD is the claiming party initiating an arbitration against the consumer, SCAD will be required to pay all costs associated with the arbitration;

      x. a consumer is not required to pay the fees and costs incurred by SCAD if the consumer does not prevail;

      xi. this arbitration provision allows for the discovery or exchange of non-privileged information relevant to the dispute;

      xii. the Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

 

16. General Provisions

    A. Severability and Survival. If any provision of this Terms of Use is held to be illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

    B. No Waiver. The failure of SCAD to exercise or enforce any right or provision of this Terms of Use will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in a writing signed by SCAD. Any waiver by SCAD shall not be deemed to be a waiver of any preceding or subsequent breach or default.

    C. Entire Agreement. The Terms of Use is the complete and exclusive statement of the agreement between you and SCAD concerning the Service, and the Terms of Use supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and SCAD; provided, however that the Terms of Use is in addition to, and does not replace or supplant SCAD’s Privacy Policy.

    D. Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.

    E. Third-Party Links. The Service may contain links to websites operated by third parties. SCAD does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any of your personal information those sites may collect. Some links are provided to you by SCAD as a convenience, other links are provided by users posting User Content. Use these links and the corresponding external websites at your own risk. We do not control the linked sites, and we are not responsible for the content available there. Such links do not imply our endorsement of information or material on any other site, and we disclaim all liability with regard to your access to and use of such linked websites.

 

17. Additional App Store Terms

Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple Store. To the extent the terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple Store.

You acknowledge and agree that these Terms of Use are solely between you and SCAD, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and SCAD acknowledge that Apple is not responsible for addressing any claims of you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and SCAD acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third-party’s intellectual property rights, SCAD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using the App. You and SCAD acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

Google Play Store

If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms of Use, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. SCAD and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SCAD or you (or any other user) under these Terms of Use or the Google Play Terms.

 

18. Contact

To contact us, please email us at [email protected] Notice to California Residents. Pursuant to Cal. Civil Code § 1789.3, please note that (a) SCAD is located at P.O. Box 3146, Savannah, Georgia, 31402, United States, (b) the fees and charges for the Service vary depending on the services selected by you, and (c) if you have a complaint regarding the Service or desire further information on use of the Service please contact us via email at [email protected] For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.