Membership Terms and Conditions
tl;dr - You're signing up for an ongoing monthly membership. It will give you access to a bunch of content at our discretion. It won't give you access to everything we launch. You'll get access to it and the work you do while you're a member. But, if you cancel, you won't have access to it. Please be nice to other people in Sweathead. And don't steal our stuff. Oh, and we don't do refunds. It's $10 per month!
Welcome to Sweathead. Please take the time to read and understand these Membership terms and conditions (Membership Terms). They govern your (your or you) use of the Sweathead service (Site) as a member.
Signing up for Sweathead means you agree to the Membership Terms as a legally binding contract between you and Sweathead (part of Mighty Jungle, LLC).
In these Membership Terms, Content means all the content available on the Site including tutorials, courses, videos, eBooks, sample files and user forum content.
1. Payment Plan Agreement Contract
MONTHLY PAYMENT PLAN MEMBERSHIP
Applies to memberships where payments are made every month during the duration of the membership term. You need a monthly membership to gain access to any part of Sweathead.
You understand and agree that you have committed to a contract. And you agree to membership fees payable by you at the rate offered at purchase time every month from the date you joined indefinitely.
Cancellation of MONTHLY PAYMENT PLAN
We have launched with a monthly membership that is both affordable and plentiful. And, we have not asked for an annual commitment. For this reason among others, there are no refunds.
But you can cancel your membership at any time. Cancelling will not refund your current month. Your monthly payment and access to Sweathead will cease in the following month. You won't be able to access any of the course material or your work if it's stored inside Sweathead after you cancel. Again, this is a $10 monthly membership. If you cancel but want to access any work you've stored in Sweathead, you'll need to rejoin.
If you are under 18 years, you need your parents’ permission before becoming a member and accessing the Site.
Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your membership, username or password.
Membership is based on periodic subscription fees which are detailed on the Site’s sign up page. Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.
3. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.
When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.
We are pleased to be able to offer a wide range of exclusive Content on the Site for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.
4. Rights to Content; intellectual property
Each item of Content is copyright of its author. We own any Sweathead-contributed Content, and all other rights in the Site including its design, compilation and look and feel.
Your membership gives you a right (a revocable, non-exclusive licence) to use the Content for personal purposes. You must not redistribute Content (such as tutorials, eBooks, videos, courses and source files). Any project files, spreadsheets or other assets associated with Content are included to demonstrate the course or tutorial. You may use, modify and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets. If you love the Content, please ask your friends to become members too.
You may freely use the procedures and techniques demonstrated in the Content (that is, the knowledge you gain) for any commercial or personal purpose.
The trade marks and logos displayed on the Site are, unless otherwise stated, those of Sweathead. and others, and you must not use these without the approval of the relevant owner.
5. Fair use and prohibited conduct
You are permitted to download Content to your computer as part of your membership. But your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Site or Content;
c. attempt to gain unauthorized access to computer systems or materials through the Site;
d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or g. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.
6. Intellectual property complaints
We respect the intellectual property rights of others, and require that you do the same.
Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.
If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:
a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the copyright work that has been allegedly infringed; and
d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
7. Forum and community rules
Please read our Forum and Community rules (TBC), which are part of these Membership Terms and apply to content contributed to the Sites by members (such as comments, reviews and forum posts).
We reserve the right, but are not obliged, to monitor all matter posted to the Site. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.
You must not upload or post any materials that:
a. restrict or inhibit others’ use or enjoyment of the Site;
b. are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
c. infringe others’ rights, including privacy or intellectual property rights;
d. disclose personal information about others, particularly sensitive information;
e. contain a virus, spyware, or other harmful component; or
f. contain commercial solicitation or ‘spam’ of any kind.
Personal information that you disclose may be used by Sweathead, its agents and contractors in relation to your membership and the Site, including marketing activities for the Site.
We may disclose any personal information as necessary to satisfy any law, regulation or government request.
11. Refusal, suspension or termination of membership
We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.
We reserve the right to refuse membership in our discretion
12. Liability and disclaimer
Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms. Except as provided in an applicable Non-excludable Law:
a. we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and
b. we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Site.
13. Changes to Membership Terms
We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your subscription if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.
14. Applicable Laws
We control and operate the Site from our offices in America. The laws of America govern these Membership Terms, and you and Sweathead submit to the jurisdiction of the courts there.