Instructor Terms & Conditions
Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
1. Key Definitions
- "Base Price" means the Product price set by the Instructor within the Price Tier Matrix.
- "Evicity Membership" means permission to use Evicity services and govern access to Instructor Site.
- "Evicity Subscription" are auto-renew monthly purchases of Evicity Membership. Please see our page for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. All fees may be subject to taxes.
- "Instructor site" means site created when Instructor registers to Evicity Membership.
- "Base Currency" means the currency of the Base Price.
- "Base Exchange Rate" means a system-wide rate used by Evicity for foreign currency conversion and does not include any fee or mark-up by Evicity. 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.
- "Gross Amount" means the amount actually received by Evicity for purchases by Students for Your Product.
- "Net Amount" means Gross Amount, less (1) Evicity fee (2%) and (2) Stripe fee
- "Sale Price" means the actual sale price for the Product. When the Sale Currency is different from the Base Currency, Evicity 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 Product. Instructor can later change this to any available currency.
As an Instructor You are contracting directly with Evicity, Inc., a Delaware corporation in the United States of America. Additionally, although We may utilize other Evicity subsidiaries to facilitate Your payments, Your contract remains between You and Evicity, Inc.
3. Your Relationship with Students
The information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify Evicity for any issues arising out of Your use of any Student Related Data.
As an Instructor, You represent, warrant, and covenant that:
- You will visit www.evicity.com/register and complete the Instructor enrollment form and if You choose to charge fees for Your Products, You will also need to agree again to the pricing terms which are presented to you during the paid Product creation process;
- You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Evicity, 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 Services in the manner contemplated by these Instructor Terms;
- 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 Your Product and through the Services;
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- 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 Services or to any User;
- You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require Evicity 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, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
- You will not frame or embed the Services in a manner to embed a free coupon version of your Product or other similar functionality intended to circumvent the Services;
- You will not impersonate another person or gain unauthorized access to another person's Account;
- Your use of the Services are subject to Evicity's approval, which We may grant or deny in Our sole discretion;
- You will not 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 Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Products;
- You will maintain accurate Account information;
- You shall respond promptly to Students 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 Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
5. License to Evicity
You hereby agree that We may record all or any part of any Products (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Evicity permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Products, 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.
6. Trust & Safety
7. 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, 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 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 these Instructor Terms, You shall notify Evicity within twenty-four (24) hours, and Evicity 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 Evicity.
You agree that You shall not utilize 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.
As part of Your participation on Evicity, You give Us permission to share Your Product, and information about You and the Product with Evicity employees and selected partners, for which You will not receive compensation.
Instructors are eligible for a refund of Evicity Services within 14 days of Instructor's first subscription bill.
Unfortunately, an Instructor requesting a refund beyond the specified period will not be refunded.
If you are an Instructor you are not obligated to offer a refund to Student.
You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation.
11. Deletion of Your Account
If You wish to delete Your Instructor Account, You may do so by sending email to firstname.lastname@example.org.
12. End of subscription
If Evicity Subscription is not paid, You and Your Students will not be able to access your Instructor Site from the day Evicity Subscription period ends. If receipt for last subscription is not paid after 60 days, all videos and data will be permanently deleted and cannot be restored later.
13. Domain names
Domain names that are registered upon registration of Your Instructor Account are owned by Evicity Inc.
14. Content restriction
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
Evicity cannot be responsible if any of Your content is downloaded from server by Your Students and uploaded elsewhere.
Violations of Content restrictions may lead to the removal of your videos and/or your Instructor Account.
14. Modifications to These Instructor Terms
From time to time, We may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Evicity reserves the right to modify and/or make changes to these Instructor Terms at any time. If We make any material change We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.
* These Instructor Terms & Conditions were last updated 12 Februar, 2017. *