Last Updated: October 31, 2019
Welcome to the Internet website https://www.commonsensemedia.org (together with any materials and services available on the Site, including paid access to certain premium features or content (the “Member Services”), collectively, this “Site”), which has been developed and is controlled and maintained by Common Sense Media (“CSM”). Please note that while this Site is owned and operated by CSM, the services provided on this Site may be performed by entities affiliated with or under contract to CSM. CSM and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”.
IF YOU SUBSCRIBE TO MEMBER SERVICES, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION AT CSM'S THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIBE IN ACCORDANCE WITH SECTION 8 BELOW. MEMBER SERVICES ARE PROHIBITED IN THE FOLLOWING COUNTRIES: CUBA, IRAN, LEBANON, SYRIA, NORTH KOREA, LIBYA, SUDAN, SOMALIA, AND BY SUBSCRIBING TO MEMBER SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN THOSE COUNTRIES.
2. MATERIALS ON THE SITE AND RELATED RIGHTS AND RESTRICTIONS
Although CSM strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although CSM endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship. In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. CSM will have no liability to you for any such unavailability.
The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of CSM, CSM’s licensors and suppliers, and others. Our Trademarks include Common Sense, Common Sense Media, Common Sense Education, and Common Sense Kids Action, and any associated logos. The Trademarks owned by CSM, whether registered or unregistered, may not be used in connection with any product or service that is not CSM’s, in any manner that is likely to cause confusion with CSM or in any manner that disparages CSM. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of CSM, CSM’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of CSM, CSM’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and CSM will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
As between you and us, we own the rights to all of the images and other materials on the Site. You may use these images and other materials in accordance with these terms, but may not make any changes to them. We try to keep the Site up-to-date, but it is possible the Site may not be fully accurate or complete or that content within a Member Service will always be available. The trademarks and logos on the Site belong to either us or their owners. Such trademarks and logos may not be used by you unless you receive permission to do so from the owners of such trademarks and logos.
3. SUBMISSION OF MATERIALS
Our Forums are designed to facilitate the exchange of information between users. Information, products, services and other materials available on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with CSM (“Third Party Materials”). You acknowledge that a large volume of information, including Third Party Material, is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither control, nor endorse, nor are we responsible for such messages or statements, or for any opinion, advice, information or other content or Third Party Materials made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the CSM community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of CSM. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information or Third Party Materials. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information or Third Party Materials.
We have no obligation to monitor the Site or the Forums, or any Submissions or other materials (including Third Party Materials) that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we and our affiliates have the right (but not the obligation) to monitor or analyze your access to or use of the Site and the Forums and the materials you transmit or post, including Submissions; to evaluate, alter or remove any such materials (including, without limitation, any Submissions or postings to a Forum) before or after they appear in a Forum; to disclose such materials and the circumstances surrounding their transmission to any third party for any reason or purpose, including in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
4. USE OF MATERIALS
Without limiting the generality of the foregoing, your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement).
5. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE
Certain Site functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because CSM has no control over such sites, resources or Third Party Materials, you acknowledge and agree that CSM is not responsible for the availability of such external sites, resources or Third Party Materials, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including Third Party Materials. You further acknowledge and agree that CSM shall not 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 or reliance on any such content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Our Site may provide you with access to content, goods, services and other materials, including through links to other third party websites or resources. We are not responsible for these third-party websites or resources (or the content, goods, services and other materials provided by them), and we note that they may not necessarily be safe or secure.
6. YOUR ACCOUNT
When and if you register with the Site and/or purchase Member Services, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address and any additional information required if you purchase Member Services) and (b) maintain and update your information (including your email address and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Site.
As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You may need to have an account with us in order to use our Site or any portion of our Site, including to purchase Member Services. If you choose to create an account with us, you agree to provide us with your real e-mail address (and real billing information if purchasing Member Services) and to keep your information up-to-date. You can choose your own username and password, but we may ask you to change it or refuse to approve you for an account. Please keep your username and password confidential, and let us know if you learn that someone is misusing your account. You will be responsible for anything that happens on the Site through your account.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:
- Use the Site or Materials for any unlawful or improper purpose;
Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or otherwise fails to respect the rights and dignity of others, (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial purpose or communication;
Use any CSM Trademark or any CSM graphics, logos, page headers, button icons, scripts or services names;
Remove any copyright, trademark or other proprietary rights notices contained in the Site or any Materials;
“Frame” or “mirror” any part of the Site, or otherwise incorporate any part of the Site into any product or service, without our prior written authorization;
Collect, harvest or store personal data or other information about other users;
Harass other users;
Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of interfering or disrupting the operation of the Site or the servers or networks used to make the Site available, such as by “hacking” or defacing any portion of the Site;
Engage in spamming or flooding;
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without CSM’s prior written consent;
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
Transmit any software or other materials that contain any viruses, worms, trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other items of a destructive nature; or
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or in any way gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site or its contents.
If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at [email protected].
When you use the Member Services, you further agree not to (and will not attempt to):
use any part of the Member Services in an illegal manner or for an illegal purpose;
share your CSM account password with someone else to allow them to access any part of the Member Services that such person did not order;
copy, sell, rent, or sublicense the Member Services to any third party;
circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that CSM or any third-party uses to protect the Member Services or encourage or help anyone else to do so;
access the Member Service other than by means authorized by CSM; or remove any legal notices or labels on Member Services;
present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.
This Section describes some ground rules to protect our Site community and seeks to ensure that all users can make the most of our Site. In addition to the other rules listed above, this Code of Conduct requires that you not harass or spam other users, post inappropriate content, transmit any viruses or engage in any disruptive or illegal conduct. While we don’t want to be in a situation where we have to cut off your access to our Site, we can do so if you violate our Code of Conduct or these terms, or otherwise behave badly in using our Site. Please be considerate of the other users on our Site and let us know if you suspect someone is acting inappropriately!
Your use of Member Services is specifically subject to certain restrictions. For example, you may not attempt to circumvent restrictions we have on access to or availability of the Member Services.
8. MAKING PURCHASES; MEMBERSHIP FEES
Third-Party Payment Providers. All payments will be processed via a third-party platform. CSM accepts payment via the current payment method indicated at time of purchase, which may include credit or debit card, and any other form of payment that CSM makes available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with CSM, Apple, Stripe, Google, PayPal or another third-party platform, that governs your use of a given payment processing method.
Membership Fees. Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course of transaction. Your subscription begins upon payment of the first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)
Prices for Member Services may change at any time, and CSM does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order. Your credit card or other form of payment will be charged for the price and billing period listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that CSM will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, CSM reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, CSM may cancel your subscription.
Taxes. If CSM is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase.
Cancellations and Refunds. You can cancel your Member Services at any time by contacting CSM at [email protected]. If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by CSM. You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by CSM. If CSM reasonably determines that a user has violated these Terms of Service, CSM may immediately terminate the subscription and the user’s access to Member Services without notice and without refund. Refund requests should be directed to [email protected].
Important Notice With Respect to Products or Services on the Site. Descriptions or images of, or references to, products or services on the Site do not imply CSM’s endorsement of such products or services. We make no representations as to the accuracy, validity or timeliness of such descriptions, images or references. We reserve the right, without prior notification, to change such descriptions, images or references, to limit the order quantity on any product or service and/or to refuse service to you Verification of information applicable to a purchase may be required prior to CSM’s acceptance of any order. Price and availability of any product or service are subject to change without notice. It is your responsibility to follow all laws regarding the purchase and use of any product or service.
We may make available various products or services for purchase on our Site. Please note that we may run out of or change these products or services at any time or may choose not to sell you something. Just because we make available a product or service on our Site does not mean we endorse it and you should be sure you are allowed to use a product or service before purchasing it. You are responsible for all purchases made using your username and password. If you enter any credit card information to make a purchase, you are indicating to us that you have the right to use that credit card.
If you purchase Member Services, your subscription will automatically renew and you authorize us to charge you each billing cycle. Subscription fees are subject to change, and you may cancel your subscription at any time. We may terminate your subscription if we are unable to charge the payment method we have on file for you or if we reasonably determine you are violating these Terms of Service. Subscription fees are final and nonrefundable.
9. CLAIMS OF COPYRIGHT INFRINGEMENT
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 U.S. copyright law. If you believe in good faith that any of the materials hosted on the Site infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CSM 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 Site must be sent in writing to our Chief Financial Officer as follows: by mail to Copyrights c/o Chief Financial Officer, Common Sense Media, 699 8th Street, Suite C150, San Francisco, 94103; or by e-mail to [email protected]. Our Chief Financial Officer’s phone number is (415) 863-0600. We suggest 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. Please note that CSM may terminate any user who it reasonably believes to be a repeat copyright infringer.
If you see something on our Site that you believe is your copyrighted work, but which you have not authorized to be on our Site, this Section explains how you can contact us regarding such unauthorized use of your work. We will review your request, and, based on the result of our review process, may take down the work from our Site.
10. OUR PROPRIETARY RIGHTS
We and our respective licensors and suppliers own the Site and the information and materials made available through the Site, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Our Site, as well as the information, content and other materials on our Site, is owned by us (and our licensors and suppliers).
THE SITE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. NEITHER CSM NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, OR ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
Our Site, and everything provided through our Site, including any Member Service, is provided to you “as is,” and we can’t guarantee that our services will always be accurate, available or error free.
12. LIMITATION OF LIABILITY
NEITHER CSM NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF CSM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SITE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SITE, MATERIALS, THIRD PARTY MATERIALS, LINKED SITE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO CSM DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
In addition to the Section above, please note that if something bad happens to you while using our Site (including any information, content or other materials on our Site and Member Services), our liability to you is limited to the amount you have paid to use our Site or $100, whichever is more. If you don’t like something about our Site, please stop using the Site.
13. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES
We may suspend or terminate your access to use our Site (or a portion of our Site, including Member Services) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account. If our Site allowed for you to download any materials, you will need to delete or destroy those materials, if we terminate your access to our Site. We reserve the right to make changes to Member Services.
This Section is important because it may require you to defend us in certain situations, including if a lawsuit arises as a result of your use of our Site or if you violate these terms. This may include an obligation to pay for the defense and any related costs.
15. ACCESS BY MINORS
Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information.
16. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a resident of California and have a concern about our Site, you can contact California Department of Consumer Affairs using the contact information in this Section.
17. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION
The Site is controlled and operated by CSM from its office in San Francisco, California and is not intended to subject CSM to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Member Services are not available in Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan or Somalia, and you may not, and should not attempt to, purchase Member Services if you are located in any of those countries..
Our Site is controlled and operated from San Francisco, California, and is only directed to people who live in the United States. If you access our Site from outside of the United States, it is your responsibility to comply with all local laws. Member Services are only available in the United States, and you may not purchase Member Services if you are located outside the United States. If there is a legal disagreement between us, arbitration will be used to resolve our disagreement, rather than a court room with a judge and jury. The arbitration will be subject to the laws of the United States and the State of California.
18. Export Control
The supply of good and services through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” (2) you are on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users, or (3) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users.
Our Site is subject to U.S. export controls and you are responsible for complying with these controls.
This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that these terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Site and how these terms are interpreted.
Please contact us with any questions or comments!
21. TERMS THAT APPLY TO EU-BASED USERS
All references to “you”, “your” or “user(s)” in this Section 21 (Terms specific to EU-based users) are references to European Users.
c) DISAPPLIED SECTIONS. The following Sections of the Terms shall not apply to European Users:
i. Paragraph 5 of Section 1 (Introduction), which relates to notice of certain arbitration-specific provisions, which are not applicable to European Users; and
ii. Section 14 (Indemnification).
i. Two new paragraphs are added to the end of Section 8 (Making Purchases; Membership Fees) reading as follows:
‘Cooling-off’. When you first purchase a subscription to the Member Services, you have the right to change your mind, cancel your purchase without reason, and receive a refund from CSM, during the fourteen (14) days immediately following that purchase (your, “Cooling-off Period”). You can exercise this right by contacting CSM at [email protected] during your Cooling-off Period. If you use the Member Services at all during your Cooling-off Period, we reserve the right to prorate any sum that we reimburse you to reflect such use. Once your Cooling-off Period has come to an end, if you did not exercise your right to change your mind and cancel your purchase, you will lose the right of withdrawal and refund that is described above.
Price Changes. As noted above, we may change the prices for Member Services from time to time. We want to make two things clear about how these price changes will occur, and how they might affect you:
- When we change the prices for Member Services, we will provide you with a notification of those changes a reasonable period in advance of their taking effect (as described below).
- Any such price changes will only take effect from the start of your next subscription period (if any) that follows the date on which such price change is notified.
- If you do not wish to accept any such price changes, you can cancel your Member Services prior to their taking effect by contacting CSM at [email protected].
- If you do not choose to cancel your subscription after being notified of any such price change, your continued use of the Member Services after that price change coming into effect (as described above) constitutes your acceptance of that price change.
ii. Section 11 (Disclaimer) is replaced with the following:
You expressly understand and agree that (to the extent permitted by applicable law) your use of the Site is at your own risk. The Site is provided on an “as is” and “as available” basis, it is not bespoke to you and has not been developed to meet your individual requirements. For this reason, it is your responsibility to ensure that the generally available facilities and functions of the Site meet your requirements – for more information on the nature of the facilities and functions of the Site, please see our ‘About Us’ page.
iii. Section 12 (Limitation of Liability) is replaced with the following:
Commercial loss excluded.
Subject only to the sub-section below titled Compliance with the Law, we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or any other business-related loss or damage, which arises as a result, or in the course, of your use of the Site for any commercial, business or resale purposes.
Only Foreseeable Loss Covered.
To the extent that we may be liable to you for loss you suffer as a result of your non-commercial use of the Site, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the limit specified in sub-section below titled Cap on Liability, below.
IMPORTANT NOTE: We are not responsible or liable for any loss or damage which you may suffer:
- that is not "foreseeable" – please see below for an explanation of what we mean by the word foreseeable here, as it has a particular ‘legal’ meaning in this context; or
Loss or damage you may suffer will be "foreseeable" if either:
- it is obvious that it would result from our breach or negligence; or
Cap on Liability.
Compliance with the Law.
- our willful misconduct;
- death or personal injury resulting from our negligence;
- our fraud or fraudulent misrepresentation;
- our breach of any terms implied by Section 46 (Remedy for Damage to Device or to other Digital Content) of the UK Consumer Rights Act 2015 or any equivalent provision of consumer-protection law implemented elsewhere in the European Union and applicable to you; or
- any other liability that cannot be excluded or limited by applicable law.
iv. A new Section 13(A) entitled MEMBER SERVICES (CHANGES AND DISCONTINUATION) shall be added, reading as follows:
Our right to discontinue or change the Member Services. We may discontinue or change the Member Services, or any part of them, at any time:
- for legal or regulatory reasons;
- for security reasons; and
- where applicable in respect of changes to the Member Services:
- to enhance features of the Member Services;
- to reflect our obligations to third parties;
- to reflect advancements in technology;
- to make reasonable technical adjustments to the Member Services; and/or
- to ensure the ongoing operability of the Member Services.
We will inform you a reasonable period in advance if we wish to discontinue, or make any material changes to, the Member Services.
Cancellation and refunds. If we do choose to discontinue the Member Services, we will give you a prorated refund of fees paid for the Member Services. If you do not wish to accept any such changes to the Member Services notified to you, you can cancel your Member Services by contacting CSM at [email protected] – if you choose to cancel your Member Services in these circumstances, we will give you a prorated refund of fees paid for the Member Services.
- the final sentence of Paragraph 7 of Section 1 (Introduction);
- the final two sentences of paragraph 2 of Section 2 (Materials on the Site and Related Rights and Restrictions);
- the final sentence of Section 13 (Termination; Changes or Discontinuation of Services).
v. Section 17 (Applicable Law and Jurisdictional Issues; Arbitration) shall be replaced with the following:
vi. The following sentence shall be deleted from Section 19 (Miscellaneous)