MKCREATIVE, LLC – End-User License Agreement (EULA)
Webinar Terms and Conditions
Access and use of this Webinar (“MKCREATIVE Webinar”) is subject to compliance by you (referred to as “you” or “user”) of the terms and conditions set forth herein. Please read this document carefully before accessing or using the MKCREATIVE website, eCommerce system, or membership site.
The terms and conditions set forth herein may be modified, at the discretion of MKCREATIVE, at any time, and any such modification shall be effective immediately upon the posting of the modified terms and conditions.
Registration for any MKCREATIVE Webinars will not be considered complete until payment is received and approved and registration username and password are obtained by “user”. The username and password are for the exclusive use of the “user”. IF YOU ARE VIEWING A WEBINAR NOT REGISTERED TO YOU, YOUR UNAUTHORIZED ACCESS PERMITS MKCREATIVE TO SEEK IMMEDIATE LEGAL ACTION.
All sales are final. No refunds will be made for “No Shows” (a “No Show” is a person who registers for an e-course or webinar but who does not cancel registration or attend the event). If MKCREATIVE needs to cancel a webinar, MKCREATIVE may elect to offer transfer of registration to another webinar, provided such a program is scheduled and space is available or will refund all fees that were received.
If MKCREATIVE determines that a participant must be removed from a webinar for inappropriate or illegal conduct, MKCREATIVE will not provide a full refund.
MKCREATIVE is not responsible for typographic errors. MKCREATIVE is not responsible for user’s computer or software failure during the webinar. Users should check the webinar computer requirements found in the Computer Software Issues below.
MKCREATIVE has the right to restrict access to the recorded webinar at any time. Users will have the right to view recorded webinars for a period of 1 year.
I understand that I will need to download, install, and configure Fuze Video Collaboration software in order to view the webinar and failure to do so does not constitute a refund by MKCREATIVE.
I understand that I must obtain my login ID and password 24 hours before the webinar start time. Failure to do so may result in an inability to view the webinar. Failure to obtain a login ID within 24 hours of the webinar start time does not constitute a refund by MKCREATIVE.
MKCREATIVE reserves the right to change the terms and conditions of sale at any time. Cancellations received up to 10 working days prior to event will be refunded in full. Cancellations received between 10 working days and 24 hours (1 day) prior to event, may receive a credit to use on any of the other MKCREATIVE training events.
COMPUTER SOFTWARE ISSUES
MKCREATIVE is not responsible for users who fail to download the appropriate software and/or verify their telepresence client software before the webinar begins. Failure to do so and inability to view the webinar does not allow for a refund of any amount.
- Internet (broadband recommended)
- Speakers/headset is required to hear the presentation (telephone call-in option not available)
- Access to your computer to install a small plug-in required by the webinar software (see below)
To attend the webinar you will need to download, install, and configure Fuze Video Collaboration software. The first time you join the webinar, the Fuze Launcher software will automatically be installed; however we recommend that you manually download it before the webinar to ensure time for troubleshooting if necessary. Download the installer for your operating system:
It’s also recommended that you verify your computers rich media players before the webinar to ensure that you can view the live video presentation.
You must have administrator privileges on your computer to use this installer.
OWNERSHIP OF MKCREATIVE CONTENT
This Webinar contains content which includes without limitation images, illustrations, designs, icons, photographs, video clips, sounds, text, data and other materials displayed or available on the MKCREATIVE Webinar (the “Content”) that is protected by copyright, trademark, trade dress, and/or other proprietary rights of MKCREATIVE and third-party content providers (all parties, including MKCREATIVE are singly and collectively the “Providers”). You agree to comply with any and all restrictions regarding use of the Content.
USE OF MATERIALS
NO CONTENT FROM THIS WEBINAR MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. YOU MAY NOT ALTER OR MODIFY THE CONTENT IN ANY WAY.
NOTWITHSTANDING THE FOREGOING, UPON PURCHASE OF A RECORDED WEBINAR YOU MAY STREAM ONE (1) COPY OF THE MATERIALS ON ANY SINGLE COMPUTER SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF MKCREATIVE’S WEBINAR IS AT USER’S OWN RISK. USER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF USER’S PASSWORD(S) ON THE MKCREATIVE WEBSITE.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Neither MKCREATIVE nor its Providers make any representations that the continuing education materials contained in the site are appropriate or authorized for use by all states or any other professional membership or credentialing organization. If you choose to access the Webinar, you do so on your own initiative and you are responsible for compliance with all applicable laws.
DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MKCREATIVE PROVIDES THE LICENSED MATERIALS AS IS WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LICENSED MATERIALS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, AND RELATED CONTENT THROUGH LICENSED MATERIALS OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED MATERIALS.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MKCREATIVE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED MATERIALS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, OTHERWISE ARISING OUT OF THE USE OF THE LICENSED MATERIALS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE KNOWLEDGE FOUNTAIN, AND EVEN IF THE KNOWLEDGE FOUNTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE STATEMENTS, YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS ARE FOR GENERAL EDUCATIONAL PURPOSES AND ARE NOT INTENDED TO PROVIDE YOU WITH MARKETING INSIGHTS, LEGAL ADVICE, COUNSEL, FUNDRAISING ADVICE, OR EXPERTISE IN ANY AREA OTHER THAN AT THE LEVEL DESCRIBED IN THE COURSE DESCRIPTION PERTAINING TO THE WEBINAR OFFERED BY MKCREATIVE. MKCREATIVE MAKES NO WARRANTY REGARDING THE ACCURACY OF THE LICENSED MATERIALS AND ASSUMES NO OBLIGATION TO UPDATE ANY OF THE LICENSED MATERIALS OR ANY INFORMATION CONTAINED THEREIN.
This EULA is governed by the laws of the State of Maryland, USA.