THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF CREATIVE HIGHWAY LLC’S ("OUR", "WE", "COMPANY" OR “CREATIVE HIGHWAY”) SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Additional Terms.
If you are an Instructor (as defined below), you are also subject to the Instructor terms and conditions located here (the "Instructor Terms"), which are hereby incorporated by reference into these Terms. If you are an Instructor and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.
The Products enable students ("Students") to connect with independent contractor instructors (the "Instructors") who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (the "Courses"). Students and Instructors are, collectively, "Users." The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
4. General Disclaimer.
The Site is only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.
The Site and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Products.
6. Specific Obligations of Instructors.
If You are instructing Students in connection with a Course You are an "Instructor" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You are subject to the Company's approval, which We may grant or deny in Our sole discretion;
- You need to visit the application page and complete the Instructor enrollment form and if You will charge fees for Your Courses You will also need to agree to the Premium Instructor Pricing terms;
- You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to any User;
- You will not use the Products for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
- You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;
- You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
- You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Terms and the Instructor Terms and will assume responsibility and liability for Your performance and compliance hereunder.
7. Specific Obligations of Students using the Site.
If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
- You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Instructor or other User.
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
9. Content, Licenses & Permissions.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company in accordance with the procedures that We maintain on the Copyright section.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Pricing for Paid Courses
"Base Price" means the course price set by the Instructor.
"Base Currency" means the currency of the Base Price.
"Base Exchange Rate" means a system-wide rate used by the Company for foreign currency conversion and does not include any fee or mark-up by the Company. The rate is established using one or more third parties such as Open Exchange Rates and is fixed periodically (e.g. monthly) to prevent daily price fluctuations. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, the Company will determine the Sale Price based on the applicable Base Exchange Rate and Cost Adjustment Factor.
"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
"Cost Adjustment Factor" means applicable local taxes and other fees associated with currency conversions. In regions that use a common currency, e.g., the EU, the Cost Adjustment Factor uses a weighted average of country specific tax rates to ensure the same prices to end customers across the region.
Except when a Course is made available through theCreative Highway Marketing Programs, or a Course is offered on Company's iOS mobile applications, an Instructor will be solely responsible for determining the Base Price to be charged for such Course, in accordance with the Instructor Terms . In the case of Courses offered on Company's iOS applications, Company will select the Apple App Store price tier (App Store Pricing Matrix available here) that is closest to the fee set by the Instructor. When the Sale Currency is different than the Base Currency, the Company will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor.
If You are a Student, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
All payments are made to Creative Highway, LLC.
In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law,Creative Highway will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union.Creative Highway may at its own discretion increase the Sale Price whereCreative Highway is of the view that VAT may be due andCreative Highway will have a liability to account for such. You will indemnify and holdCreative Highway harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
All other countries
For sales of any of Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location).Creative Highway is unable to provide you with tax advice and You should consult your own tax advisor.
Company may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Company will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Company may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Company to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Company's online platform will default the Sale Currency based on Your geographic location. The currency of any transaction will match the Sale Currency displayed to You on the website. You cannot change Your displayed currency.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
Creative Highway offers Students a thirty (30)-day, no-questions-asked money back guarantee on Courses that are purchased on theCreative Highway website (at www.creativehighway.com) or the Android application. Any courses purchased through a third party website or the iOS application will not be eligible for refunds. If you, as a Student, are unhappy with a Course eligible for a refund and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via support.creativehighway.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you. In addition, please note that notwithstanding anything to the contrary in these Terms,Creative Highway does not provide refunds for Courses purchased through our iOS application. All sales of Courses throughCreative Highway's iOS application are final.
You, as an Instructor, acknowledge and agree that Students have the right to receive a refund as set forth in this section. Neither Instructors nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course afterCreative Highway has sent an Instructor payment for that Course,Creative Highway reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor's Course to the extent no additional payments are due fromCreative Highway to Instructor or such payments due Instructor are insufficient to cover the amounts refunded to Students.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
11. Warranty Disclaimer.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RSULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 13, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at [email protected] (but if You are an Instructor then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
15. Electronic Notices.
By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system's breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Company at [email protected]
- Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles.
1. Personally Identifiable Information We Collect and How We Use It.
If you request to receive company or product information, or request information about specific Services, or provide comments about Services, you will be asked to provide contact information so that we can complete your request. We use this Site Information to fulfill your request. We may also use this Site Information to send you additional information about our Services or Courses on the Site that you may be interested in.
Some of the Services require that you become a registered user and create a user account. This will require that you provide certain personally identifiable information, that may include (but not be limited to) your (and if you are enrolling as part of our Creative Highway for Business program) your company’s name, e-mail address, as well as telephone and address information.
You allow us to use this personally identifiable Site Information to register you to use the Services, enroll in Courses, and otherwise provide you with the Services; verify your authority to enter the Site and access the Courses and Services; notify you of updates; improve the content and general administration of the Site and the Services; provide you with notices regarding the Services and other services that you have purchased or may wish to purchase in the future.
You also consent to our providing this personally identifiable information to Instructors as part of the Course Information when you enroll in a Course. Instructors will use this Course Information to provide the Course to you. Instructors may have other users for Course Information. It is your responsibility when you enroll in a Course to confirm what uses the Instructor will make of your personally identifiable Course Information. Creative Highway does not control these uses by Instructors.
2. Other Information We Collect and How We Use It.
Creative Highway may also automatically collect and analyze Site Information about your general usage of the Site, Services and Courses. We might track your usage patterns to see what features of the Site, Services and Courses you commonly use, Site traffic volume, frequency of visits, type and time of transactions, type of browser, browser language, IP address and operating system, and statistical information about how you use the Services and Courses. We only collect, track and analyze such Site Information in an aggregate manner that does not personally identify you. This aggregate data may be used to assist us in operating the Site and the Services and provided to other third parties to enable them to better understand the operation of the Services, and improve their Course offerings, but such information will be in aggregate form only and it will not contain personally identifiable data.
Instructors may collect non-personally identifiable Course Information in connection with your participation in Courses. This Course Information may include, but not be limited to, your interaction with the Instructor and other Users, comments you leave on Course forums, answers or essays you submit to satisfy Course requirements, and so forth. As noted above, it is your responsibility to review the Instructor’s policy in connection with all Course Information and decide whether or not you want to provide such Course Information.
We recognize the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete such information. Children under the age of 13 may not register for an account or register for or purchase Courses. Individuals under the age of 18 may only use the Services with the involvement, supervision, and approval or a parent or legal guardian.
4. Disclosure of Information.
5. Data Retention.
We retain Site Information and the personal data we process on behalf of Users for as long as needed to provide the Services. We will retain and use this personal Site Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements with Users, and/or the period required by laws in applicable jurisdictions. Please see the sections above for how Course Information may be used.
6. Updating, Correcting and Deleting Your Information; Opt-out.
If you believe that Creative Highway has incorrect Site Information or Course Information that was provided as part of the Services, you may use the Services to correct, amend, or delete that information. You may also contact us by e-mailing our customer support at [email protected] Highway.com. We can only alter Course Information that was initially provided to us; you need to contact the Instructor for other purposes. Alternatively, you may send a letter with your requested changes, corrections or deletions to the following address:
By mail:Creative Highway LLC
600 Harrison Street, 3rd Floor
San Francisco, CA 94107
From time to time, we may send you emails about Course or new or modified Services that we believe might interest you. If you wish to opt-out of receiving these materials, you may follow the unsubscribe procedure provided in the email.
The security of your personal information is important to us. Creative Highway employs procedural and technological measures to protect your personally identifiable information. These measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. We may use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your personally identifiable information. However, Creative Highway cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personally identifiable information for improper purposes. Therefore, you should be aware that when you voluntarily display or distribute personally identifiable information, that information could be collected and used by others. Creative Highway is not responsible for the unauthorized use by third parties of information you post or otherwise make available publicly.
8. Links to Other Websites.
The Site, Services and in particular the Courses, may provide links to third party web sites or resources not associated with us and over which we do not have control (“External Web Sites”). Such links do not constitute an endorsement by Creative Highway of the External Web Sites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that Creative Highway is only providing these links as a convenience, and cannot be responsible for the content of such External Web Sites.
9. Material Changes.
10. Contact Us.
1835 Bucalo Ave.
Colorado Springs, CO 80951
1. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Creative Highway, Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
Creative Highway’s intellectual property policy is to (a) remove material that Creative Highway believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Creative Highway considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom Creative Highway has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Creative Highway has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Creative Highway’s own determination.
2. Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Creative Highway to locate the material;
- Information reasonably sufficient to permit Creative Highway to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
3. Designated Agent Contact Information.
Creative Highway’s Designated Agent for notices of claimed infringement can be contacted at:
- Via E-mail: [email protected]
- Via U.S. Mail: Creative Highway, LLC. 1835 Bucolo Ave. Suite 100 Colorado Springs, CO 80951 Attn: Copyright Department
4. Counter Notification.
If you receive a notification from Creative Highway that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Creative Highway with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
5. False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Creative Highway] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
Creative Highway reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at [email protected] or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Creative Highway, the operation of the Site or any other matter should be sent to [email protected].
Procedure for submitting a Trademark Infringement Notice
The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to the Designated Agent identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:
- Your complete contact information (full name, mailing address and phone number).
- The specific word, symbol, etc. in which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Information reasonably sufficient to permit us to locate the material on Creative Highway that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
- A description of how you believe this content infringes your trademark.
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”
- The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
- Your electronic signature or physical signature.
Designated Agent Contact Information.
Creative Highway’s Designated Agent for trademark infringement notices can be contacted at:
- [email protected] if done via email
- Creative Highway, LLC. 1835 Bucolo Ave. Suite 100 Colorado Springs, CO 80951 Attn: Copyright Department if done via physical mail.
Updated on May 10, 2016
"Base Price" means the course price set by the Instructor within the Price Tier Matrix.
"Base Currency" means the currency of the Base Price.
"Base Exchange Rate" means a system-wide rate used by Creative Highway LLC for foreign currency conversion and does not include any fee or mark-up by Creative Highway LLC. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
"Instructor Revenue" shall mean Net Amount less any refunds paid.
"Gross Amount" means the amount actually received by Creative Highway LLC for purchases by Students for Your Course. Please note that for mobile application sales, mobile platforms apply applicable fees, such as Apple’s App Store or Google Play.
"Net Amount" means the amount actually received from Students for Your Course, less (1) Taxes (as defined below), (2) for web sales, a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%), and (3) any amounts paid in connection with Marketing Programs that You participate in.
"Price Tier Matrix" means the table available here: https://creativehighway.com.com which will provide the course Base Price, set on the Base Currency translated into the Sale Currencies.
"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Creative Highway LLC will determine the Sale Price based on the applicable Base Exchange Rate.
"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s) from the Price Tier Matrix. You may select any increment as defined in the Price Tier Matrix by going to the Price Edit screen in your Instructor Account. You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable pdfs or other content and services (such as providing a link to a third party service to sell downloadable pdfs). Creative Highway LLC will handle billing and other fee interaction with Users. When the Sale Currency is different than the Base Currency, Creative Highway LLC will determine the Sale Price using the most recently published Price Tier Matrix available here: https://creativehighway.com.com. Creative Highway LLC reserves the right to make changes to the Price Tier Matrix at any time.
As part of Your participation on Creative Highway LLC, You give Us permission to share Your Course, and information about You and the Course with Creative Highway LLC employees and selected partners, for which you will not receive compensation.
If You choose to participate in any of Creative Highway LLC's Marketing Programs, the fee You receive from Creative Highway LLC will be in accordance with the terms of the particular Marketing Program that applies to the sale of Your Course. Company also reserves the right to increase or decrease the Sale Price in connection with Creative Highway LLC's marketing and promotional efforts (including through Marketing Programs).
You will be able to increase Your portion of the fee by promoting Your Courses by using a coupon code that You have created on Creative Highway LLC in accordance with the instructions found at https://creativehighway.com or those Users that input Your coupon code at the time they enroll in Your Course, You will receive one-hundred percent (100%) of the Net Amount. The maximum amount of a coupon code is approximately fifty percent discount (50%). The actual discount may be slightly higher due to rounding and currency conversion. You may issue coupons to allow users to take your course for free.
You authorize Creative Highway LLC to perform the appropriate calculations, deduct and retain the transaction fee, and pay You the Net Amount as indicated above.
Marketing Programs include, but are not limited to, Company's Deals Program and Marketing Boost Program. You acknowledge that the amounts paid for Marketing Programs are not fixed, and Creative Highway LLC has the sole discretion to determine those amounts and which Courses to offer as part of Marketing Programs. Further, Creative Highway LLC does not guarantee any minimum level of success in connection with any Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. If You do not wish to participate in Marketing Programs, log into Your account and opt out of them.
As an Instructor you are contracting directly with Creative Highway LLC, LLC., a Colorado Limited Liability Company in the United States of America. Instructors do not have a direct contractual relationship with Users so the only information you will receive about Users is what is provided to you through the Service. Additionally, although we may utilize other Creative Highway LLC subsidiaries to facilitate your payments, your contract remains between you and Creative Highway LLC, LLC.
Trust & Safety
By agreeing to these Instructor Terms and Conditions, you also agree to abide by the Trust & Safety policies found here. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. Creative Highway LLC reserves the right to remove courses and instructors at its sole discretion.
Restricted Persons We Cannot Do Business With
You hereby warrant that you are not a Restricted Person ("Restricted Person"). For purposes of the Instructor Terms and Conditions, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Site or Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Instructor Terms and Conditions, you shall notify Creative Highway LLC within twenty-four (24) hours, and Creative Highway LLC shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Creative Highway LLC.
You agree that you shall not utilize the Sites or the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Generally, Creative Highway LLC will pay 55% for instructors/contributors or 60% if you want to be exclusively partnered with Creative Highway LLC as an exclusive venue for selling your products outside of your own web store.
The amounts based on your status of instructor/contributor or exclusive venue partner is after any affiliate fees with affiliates getting as much as 30% commissions.
$100 Product Sale:
* Direct sale from the site - Contributor receives $55 - $60 with $40 - 45 going to Creative Highway LLC.
* Affiliate sale from the site - Affiliate receives up to $30. Contributor gets $33 - $36 with $24 - 27 going to Creative Highway LLC.
* Special Limited time 50% Affiliate sale from the site - Affiliate gets $50. Contributor gets $27.5 - $30 with $20 - 22.50 going to Creative Highway LLC.
The special limited time 50% commission sales would be an optional opt-in in the contract and/or pre-approved with the contributor.
The Net Amount equals the amount actually received from Students for Your Course, less any refunds paid, applicable sales or other taxes (if any), applicable fees for mobile application sales from either the Apple App Store or Google Play, and any amounts paid in connection with Marketing Programs that You participate in. The Net Amount will typically be based on the Base Price, but Company reserves the right to increase or decrease the Base Price in connection with Creative Highway LLC's marketing and promotional efforts (including through Marketing Programs).
Users are entitled to refunds pursuant to Our general Terms of Service and You agree that Company may deduct such refunds from subsequent amounts owed to You. Company will remit to You any amounts remaining after the foregoing deductions and adjustments, in US dollars, via check or PayPal. So that Company can pay you in a timely manner, you must have a PayPal account in good standing and keep Creative Highway LLC apprised as to the correct email address associated with your PayPal account. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.
As an Instructor, you are responsible for determining whether you are eligible to be paid by a US company.
You understand and agree that You are responsible for any taxes on your income. With regard to sales tax on the sale of your Courses, the following applies:
In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, Creative Highway LLC will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Creative Highway LLC may, at its own discretion, increase the Sale Price where Creative Highway LLC is of the view that VAT may be due and Creative Highway LLC will have a liability to account for such. You will indemnify and hold Creative Highway LLC harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on your Instructor Revenue or otherwise.
All other countries
For sales of any of Courses or Submitted Content in countries other than the European Union, South Korea and Japan, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on your Courses (which may be different to the tax authority in your own location). Creative Highway LLC is unable to provide you with tax advice and You should consult your own tax advisor.
Optional Marketing Programs
Creative Highway LLC Optional Marketing Program(s) for Paid Courses
1. Creative Highway LLC Deals Program: Targeted Price Testing to Drive Sales of Your Course(s)
The "Creative Highway LLC Deals Program" is the Creative Highway LLC Marketing Program that utilizes highly segmented discounting via email and other channels designed to optimize sales of Your Course.
Creative Highway LLC Deals Program Terms & Conditions:
Creative Highway LLC Deals Program offers may be promoted via the Products, communications to Users, the Site, or third party websites. You understand and agree that the actual duration and amount discounted may vary in the Creative Highway LLC Deals Program.
By participating in Creative Highway LLC Deals Program, You agree that We may offer Your Course(s) in limited time deals and price tests for a discount of up to and including 50% off the Base Price.
By participating in the Creative Highway LLC Deals Program, You acknowledge that Your revenue share may vary, but will be 50% of Net Amount in most cases.
2. Creative Highway LLC Marketing Boost Program: A Multi-Channel Marketing Program to Drive Sales of Your Course
Creative Highway LLC has a network of tens of thousands of partner sites ("Affiliates") and established relationships with third-party deal sites ("Deal Partners," and with Affiliates, "External Partners"). We also have an entire team dedicated to using advanced digital marketing tactics (such as paid advertising) that spends hundreds of thousands of dollars marketing instructor courses each month! The "Creative Highway LLC Marketing Boost Program" is the Creative Highway LLC Marketing Program that promotes Courses through Affiliates and Deal Partners.
There is no upfront cost to this program.
Creative Highway LLC Marketing Boost Program Terms & Conditions:
When an External Partner promotes Your Course, a portion of the fee for each Student that the External Partner refers to Your Course will be paid to the External Partner.
When Creative Highway LLC, at its option, purchases and places advertisements for Your Course on third party websites, and tracks the resulting sales through appropriate means (including, but not limited to, tracking pixels, cookies and the like) ("Paid Advertising"), there will be fees associated with such activities.
By participating in the Creative Highway LLC Marketing Boost Program, You agree that Creative Highway LLC: (i) may employ External Partners and Paid Advertising to promote Your Courses; and (ii) may deduct External Partner fees or Paid Advertising fees before calculating the amount remitted to you. You acknowledge that Your revenue share may vary, but will be 25% of Net Amount in most cases.
3. Creative Highway LLC For Business Content Subscription: An Opportunity to Join a Select Group of Courses Offered to Creative Highway LLC's Corporate Customers
Should you decide to opt-in to the program, Creative Highway LLC may invite You to join its "Content Subscription Program," in which select Courses are offered in a bundled monthly subscription offering to Creative Highway LLC's corporate or enterprise customers ("Enterprise Customers"). Although not all of Your Course(s) will be included in the Content Subscription Program, the Content Subscription Program is a terrific way to be a part of Creative Highway LLC's growing business-to-business offering and generate incremental revenue.
Content Subscription Program Terms & Conditions
By participating in the Content Subscription Program, You agree to make all of Your Course (s) eligible for inclusion in the Content Subscription Program offerings. Creative Highway LLC may elect which of Your Courses to include in the specific Content Subscription Program for an Enterprise Customer, and may change the selection of Courses in each Content Subscription Program from time to time, in its sole discretion, in response to the needs and requests of Enterprise Customers. The Sale Price for Courses included in the Content Subscription Program are at Company's discretion.
You understand and agree that by participating in the Content Subscription Program, You may not unpublish or make your courses private during the term of your participation.
You may elect to terminate Your participation in the Content Subscription Program at any time. CreativeHighwa.com will earn fees for all enrollments in Your Course(s) offered through the Content Subscription Program. These fees will be calculated as follows:
- Each month, Creative Highway LLC will calculate the Net Amount from all Enterprise Customers attributed to the Content Subscription Program ("Total Amount").
- Creative Highway LLC will track the total number of whole minutes when all Students in a Content Subscription Program are viewing any Course ("Aggregate Minutes"), and the percentage of the Aggregate Minutes that Your Course(s) are viewed ("Your Percentage").
- Your fee for Your Course(s) offered in that Content Subscription Program will be 50% of Your Percentage of the Total Amount for that Content Subscription Program.
Any fees under the Content Subscription Program will be paid according to the standard payment terms.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Creative Highway, INC. BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Creative Highway’s Affiliate Program. The purpose of this Agreement is to allow you to make referrals from your website to the Creative Highway website in the manner set forth herein. Please note that throughout this Agreement, "we," "us," and "our" will mean Creative Highway, and "you," "your," and "yours" will mean you, the affiliate.
2. Enrollment in the Affiliate Program.
(a) Completion of the Application: If you have not already done so, you need to complete an application to the Affiliate Program. You need to identify your website, describe how you plan to implement the program, provide certain contact information. The application can be found at www.Creative Highway.com/affiliate.
(b) Acceptance of Your Application. You understand that we may accept or reject your application at our sole discretion. Your application will be rejected if any of the information you provide is incorrect or incomplete, or if your website promotes materials of a sexual, pornographic, violent, or defamatory nature, or if you or your website discriminate, violate any applicable law, violate any person’s intellectual property rights.
(c) You Will Be Given a Password to Access Specific Affiliate Information: You will be given a password so that you may enter our secure Affiliate Center. From this website you will be able to download the Referral Specifications and Referral Materials and receive your reports that will describe our calculation of the Referral Fees due to you. It is your responsibility to keep your username and password information secure.
3. As an Affiliate What You Have to Do.
(a) Link to Our Site:
(i) As a member of Creative Highway’s Affiliate Program, you will implement the links, widgets, ads and other means of linking your website to our website pursuant to the Referral Specifications set forth at www.Creative Highway.com/affiliate. At this site you will be able to download certain technical materials, including without limitations, links, HTML code, other software or applications, widgets, pixels, associated banner ads, copy and other content, and any documentation for the foregoing (collectively, “Referral Materials”).
(ii) We have the right to monitor your website as we feel necessary to make sure that you have used the Referral Materials and implemented and maintained the Referral Specifications properly. We will notify you of any changes that we feel should be made. Any failure by you to use the Referral Materials properly or to implement changes that we request will be a violation of this Agreement and grounds for termination.
(b) Give Us Your Full Cooperation: You agree to cooperate with us fully to establish and maintain any links between the our website and your website.
(c) Maintain Your Site: The maintenance and the updating of your website will be your responsibility. Because you are a member of our Affiliate Program and our information is updated often, it will be necessary for you to update the Referral Materials on your website on a regular basis to maintain consistency and accuracy between the our website and the Referral Specifications. We may monitor your website as we feel necessary to make sure it is up-to-date and to notify you of any changes we feel should be made, which changes you will promptly implement.
(d) Follow All Copyright Laws: It is entirely your responsibility to follow all applicable copyright and other laws that pertain to your website. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible if you use another person's copyrighted material in violation of the law.
4. As an Affiliate What You Need to Know and Understand.
(a) We Can Monitor Your Site: You give us the right to monitor your website at any time to determine if you are following the terms and conditions of this Agreement, and to notify you of any changes we feel you should make to remain in compliance. Failure to comply is a violation of this Agreement and grounds for termination.
(b) We Determine the Policies for the Purchases: Customers who purchase products through referrals made in the Affiliate Program will be considered our customers. All our rules, policies, and operating procedures concerning customer orders and customer service will apply to those customers. We may change our policies and operating procedures at any time.
(c) You Cannot Send Out Publicity Without Our Consent: You may not create, publish, distribute, or permit any written or electronically transmitted publicity material that makes reference to us without first submitting the material to us and receiving our consent.
(d) Starting Date of this Agreement: This Agreement will begin upon our acceptance of your Affiliate application.
(e) How this Agreement can be Ended: Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.
(f) We Can Modify this Agreement: We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. You will be notified by email and a change notice will be posted at www.Creative Highway.com/affiliate. Modifications may include, but are not limited to, changes in the scope of Referral Fees, payment procedures, and Affiliate Program rules, or to Referral Specifications or Referral Materials. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
5. As an Affiliate What You Receive.
(a) You Earn Referral Fees: Except in states in which such a transaction is not permitted, you are eligible to earn Referral Fees during the term of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. The exact amount of Referral Fees due to you in any given quarter will be calculated in the following manner:
(i) The Referral Fee shall be forty percent (40%) of the amount actually received by us from a Referral that enrolls in a course on our website within thirty (30) days of our receiving the Referral, less taxes, returns, credits, and shipping. A “Referral” is a person that you refer from your website to our website using the Referral Materials in accordance with the Referral Specifications. Final determination as to whether to accept a Referral as a customer is at our sole determination.
(ii) Payment of Referral Fees will be made on a quarterly calendar basis, but only if your unpaid, cumulative quarterly Referral Fee earnings exceed $50. If your unpaid, cumulative quarterly Advertising Fee earnings are less than $50, they will be rolled to the following quarter. If this Agreement terminates, Referral Fees due at the time of termination will be paid at the end of the quarter following termination. Referral Fees are based on amounts we actually receive from Referral customers during the quarter.
(iii) If we determine that payment of Referral Fees to you in any jurisdiction is illegal under any laws, then we may reserve the right to not pay Referral Fees for any sales made in that jurisdiction.
6. Grant of Licenses.
(a) Subject to all the terms and conditions of this Agreement, we grant to you a non-exclusive, non-transferable, revocable right to: (i) grant your end-users access to our website solely through the Referral Materials used in accordance with the Referral Specifications and (ii) solely in connection with such activities, to use the Referral Materials and Referral Specifications. You may not alter, modify, or change the Link Referral Materials and Referral Specifications in any way. You are only entitled to use the Referral Materials and Referral Specifications to the extent that you are a member in good standing of our Affiliate Program.
(b) You grant to us a non-exclusive, non-transferable, revocable right to use your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of our rights under this Agreement. However, we are under no obligation to so advertise, market, promote, or publicize.
(c) Each party agrees not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Either party may revoke this license at any time by giving the other party written notice. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
7. As An Affiliate More Things You Need To Know and Understand.
(a) Disclaimer: WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Creative Highway. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
(b) Representations and Warranties: You represent and warrant to us that:
(i) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
(ii) You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement; and,
(c) Limitations of Liability: WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THIS AGREEMENT.
(d) Indemnification: You agree to indemnify and hold harmless Creative Highway and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
(i) Each party shall be deemed to be independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship.
(ii) You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
(iii) This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
(iv) You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(v) This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
(vi) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(vii) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(viii) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIM PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT.
The Creative Highway credits program ("Program") is offered to anyone with a Creative Highway account at the sole discretion of Creative Highway, Inc. Participation in the Program is automatic. You will earn Creative Highway credits ("Credits") any time you complete certain activities that are eligible for receiving Credits (each an "Eligible Activity"). For example, Creative Highway may designate enrolling in a certain course as an Eligible Activity; as soon as you enroll in that course you will receive the Credits allocated for that Eligible Activity. Remember, to earn the Credits the activity must be an Eligible Activity and you must complete all steps associated with the Eligible Activity. There are a few additional rules and terms that apply to the Program:
- The Program is void if prohibited by law.
- Creative Highway may change or terminate the Program at any time, with or without notice to you. However, any Credits earned prior to termination shall continue to be available until the expire.
- If the Eligible Activity has conditions – such as an expiration date, or restrictions on how Credits can be used – you must comply with those conditions.
- If you try to hack, tamper or otherwise "game" the Program, you lose all Credits and may be barred from the Program or from the Creative Highway site.
- Credits are automatically applied to courses and other products and services you order through the Creative Highway site (subject to any restrictions). You do not have the ability to select how the Credits are applied.
- If you receive a permitted refund for a course or product or service that was ordered using Credits, the refund will be in Credits to your account for the appropriate amount. The original expiration date for the refunded Credits will still apply.
- Credits have no cash value and may not be traded or redeemed for cash, or assigned, sold or transferred to anyone else. However, if you purchase a course, product or service for someone else through your account your Credits will be applied to that purchase.
- If taxes are owed on your Credits or their use or your participation in the Program, you are responsible for their calculation and payment.
If you have any questions about the Program, your account, or Creative Highway, please contact us.
Every day, thousands of minutes of life-changing content are consumed on Creative Highway. This is made possible by instructors who are passionate about teaching and students who are dedicated to learning. Creative Highway is founded on core values centered around this exchange of knowledge. We are committed to empowering highly knowledgeable everyday experts to provide an amazing learning experience for a global community of students.
It is up to all of us here at Creative Highway to live these values: instructors, students, and the Creative Highway team. When we live these values, we continue to create a thriving, sustainable marketplace where anyone can truly learn anything online — and have a great time doing it.
Who forms our community?
Students – Our students come to Creative Highway to have an engaging learning experience where they have access to a huge variety of topics from experts who practice these skills on a daily basis.
Instructors – Our instructors are an inspiring bunch who love to teach. They come to Creative Highway because of the opportunity to impact millions of students across the world, and for access to the tools, platform, and coaching that enables them to create high-quality courses.
What are the ground-rules?
Students come to Creative Highway to have a safe and engaging learning experience and instructors teach for the love of sharing knowledge. Instructors: Once you’re on the Creative Highway platform, don’t try to sell other products or spam each other with requests and offers.
2) Don’t game the system
- For instructors: Don’t direct Creative Highway students away from the Creative Highway platform, push the envelope on what is and is not allowed, or search for loopholes in policies. We want our community of students to grow, as does every other instructor. When you game the system, the whole community loses out on having a common pool of engaged students who want to learn.
- For students: Don’t harass instructors, ask for free coupons, or offer reviews in exchange for things. The community relies on a healthy interaction between students and instructors, as well as honest student feedback to understand which courses are right for them.
Our instructors actively collaborate and communicate with each other, and students and instructors have healthy and vibrant discussions through the course-taking experience. We ask that, in connection with those relationships, you are respectful, honest, and considerate with students, instructors, and Creative Highway staff. Be a positive member of the Creative Highway community. Never ask for personal information, or post unoriginal content as your own.
4) If you see something, say something
If anything you see or experience ever seems like a violation, or you are unsure about a policy, just let us know by emailing [email protected]. Someone on our team will review every report, answer your questions, and determine whether there has been a violation of our policies.
We’re here to help you understand our policies and be successful on Creative Highway.
What Happens when there is a violation of our policies?
Our students and instructors are typically good, responsible members of the community. We understand that everyone makes mistakes, and sometimes, you just don’t know what is okay and not okay. That’s why, the first time there is a violation, you will only receive a warning. We will provide resources to help you understand our policies, and learn how to work successfully on Creative Highway. We’re also happy to speak with you directly to help you better understand what is okay and not okay.
But we do expect you to be proactive about understanding and following Creative Highway policies. If we see another violation of any of our policies, there will be more severe consequences in the form of “strikes.” Each strike is recorded in our system, and instructors who repeatedly violate policies will eventually be removed from the Creative Highway platform.
These strikes apply at a course level. So if another instructor on the course has a violation, all instructors associated with the course will see the features disabled for that course.
Please note that we reserve the right to escalate strikes based on the severity of the violation. We will re-evaluate the strikes on an account on a six month rolling basis.