Terms of Use

Definitions:

“Content” means videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks and other files, information and content.

“Services” means the services that Company provides to You under this Agreement, which may include use of the **customer support and training.

Use of Services; No License. The Service is being provided to Client for Client’s internal use only. Client acknowledges and agrees that Reverb may provide services to third parties, which are the same or similar to the Services provided to Client hereunder. No licenses, ownership rights or rights to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Services or any works of authorship, ideas, documents, or other materials delivered in connection therewith (“Materials”), in whole or in part, are granted to Client except as expressly provided by this Agreement.
Ownership: Reverb will retain sole ownership, title and interest in and to on demand content developed by Reverb and provided to Client. Reverb’s trademarks, service marks, patents, copyrights, trade secrets, know-how, and other proprietary rights, will be the property of Reverb and are not to be replicated or repurposed for any use outside this course.
Term + Termination: This Agreement begins on the date when you first sign up and terminates when or if your user account is deleted from the Thinkific platform. Company may terminate this Agreement if Company discovers sharing of logins and accounts Sharing of logins and accounts is is prohibited and monitored closely. Login sharing will lead to unenrollment or deletion of your account.
Payment: Payment will be made in full prior to accessing any course owned by Reverb unless otherwise specified in writing and agreed upon with a member of the Reverb team and accounting department.
Limitation of Liability. THE PARTIES AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT REGARDLESS OF THE CLAIM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE: (a) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR CLIENT’S LIABILITIES TO THIRD PARTIES, ARISING FROM ANY SOURCE; AND (b) THE ENTIRE CUMULATIVE LIABILITY (IF ANY) OF REVERB, AND THE REVERB INDEMNITEES UNDER THIS AGREEMENT, IS LIMITED TO DIRECT LOSSES IN AN AMOUNT NOT TO EXCEED THE TOTAL AGGREGATE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT BY CLIENT TO REVERB DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Disclaimer of Warranties. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SERVICES AND MATERIALS ARE PROVIDED BY REVERB “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVERB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES AND MATERIALS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Entire Agreement: This Agreement represents the complete understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether electronic, written or oral, between the parties. This Agreement may not be modified or amended, in whole or in part, except by a written agreement signed by each of the parties hereto.

ACCEPTABLE USE POLICY (AUP)

Reverb. (“Company”) has established this Acceptable Use Policy (“Policy”) in order to define certain activities and behaviors that are prohibited. Company reserves the right to modify this Policy at any time. Changes and modifications to this Policy will be effective when posted to the Reverb’s website or when Company provides notice of the change, whichever is sooner. Capitalized terms used in this Policy but not defined in this Policy shall have the meanings given to such terms in the Terms of Service.

You will neither knowingly upload Content to on the Reverb’s Platform which:

Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as the rights of privacy and publicity) of others, or is libelous or defamatory.
Uses explicit or obscene language, contains sexually explicit images (actual or simulated) or is pornographic in any way
Uses racially, ethnically or otherwise offensive language
Is discriminatory (based on race, color, religion, gender, sexual orientation, age, national origin, ancestry or physical ability) or ridicules or makes negative reference to certain individuals or groups, including, without limitation, with respect to religion, the mentally or physically disabled, sexual orientation, gender, or national origin or ethnicity.
Exploits children or minors
Depicts cruelty to animals
Incites illegal activity or otherwise promotes the committing of a crime
Incorporates any material to which You do not possess all necessary rights or which infringes or misappropriates any intellectual property or proprietary right of any party, including, without limitation, any patent, copyright, trademark, trade secret or moral right or any right of publicity or privacy.
Incorporates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Falsely expresses or implies that such content or material is sponsored or endorsed by Reverb or Company.
Transmits or provides any viruses, worms, defects, Trojan horses or other items of a destructive nature or any software or material that is designed or intended, or otherwise likely, to cause harm to any software, equipment, hardware or system, including, without limitation, any materials which contains a virus, Easter egg, worm, software code, data or other files or programs designed to damage or allow unauthorized access to any hardware, software, equipment or system or which may cause any defect, error, malfunction, corruption, damage or harm to any such hardware, software, equipment or system.

In the community areas of the Reverb’s Platform, You will not knowingly:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others, or make libelous or defamatory statements.
Use explicit or obscene language, or make sexually explicit or pornographic statements.
Use racially, ethnically or otherwise offensive language
Make discriminatory statements (based on race, color, religion, gender, sexual orientation, age, national origin, ancestry or physical ability) or ridicule or make negative reference to certain individuals or groups, including, without limitation, with respect to religion, the mentally or physically disabled, sexual orientation, gender, or national origin or ethnicity.
Exploit children or minors
Encourage cruelty to animals.
Incite illegal activity or otherwise promote the committing of a crime
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Collect any information about other users or members (including usernames and/or email addresses) for any purpose.
Falsely express or imply that Your statements are sponsored or endorsed by Reverb or Company.

You will further refrain from knowingly:

Using any robot, spider, scraper or other automated means to access the Reverb’s Platform or Services
Taking any action that imposes an unreasonable or disproportionately large load on Company’s equipment or infrastructure.
Creating user accounts by automated means or under false or fraudulent pretenses.
Removing, obscuring or changing any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services, Reverb’s Platform, Reverb’s Assets or any Reverb’s Platform related code embeddable or embedded on a third party web site.
Using the Reverb’s Platform, Reverb’s Assets or Services to violate the security of any computer, equipment, device, hardware, system or network or transfer or store illegal Content or material.

This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (a) terminate Your account and/or suspend Your access to the Reverb’s Platform for violation of this Policy until such time as the violation is corrected and (b) block or delete any of Your Content or Your Videos; with or without cause, and with or without notice, which Company reasonably determines in good faith is inappropriate or disruptive to the Services or the Reverb’s Platform or to any other user of the Services or the Reverb’s Platform (or any combination thereof) or that may expose Company to liability. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this site or on the Internet.

Company has no obligation to monitor, police or remove any of Your Content or other information submitted by You or anyone else.