Date: February 28, 2021
These Terms and Conditions (“Terms” or “Terms and Conditions”) govern your use of the Academy Workshop website (“Website”) and the workshops (“Workshops”) that we provide on the Website (collectively referred to as our “Service”).
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Academy Workshop (“Academy Workshop”, "us", "we", or "our") concerning your use of our Service.
By using our Service, for example by creating or logging into your account, you represent and warrant that you have read, understand, and agree to be bound by these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Article 1. Account
1.1 When creating an account on our Website, you will provide Academy Workshop with registration information which will be true, accurate, current, and complete. You will not create an account by providing false information.
1.2 You acknowledge and agree that you are responsible for maintaining the confidentiality of your account information, including your username and password.
1.3 You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account.
1.4 You acknowledge and agree that Academy Workshop is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account on our Website.
1.5 You may cancel your account at any time by contacting us at email@example.com.
Article 2. Acknowledgements
2.1 You acknowledge and agree that:
Article 3. Workshops
3.1 You may participate in any of the Workshops offered on our Website.
3.2 By purchasing a Workshop you are buying the right (or license) to participate in the Workshop solely for your own personal, individual, non-commercial, and non-promotional purposes subject to these Terms.
3.3 You may not sell or re-sell your rights in a Workshop. You can only gift your workshop to someone else. You can do this by forwarding the email with the link to the Workshop, in which case you are no longer allowed to participate in the Workshop yourself.
3.4 We reserve the right to remove a Workshop from our Website at any time for any reason without any notice to you.
Article 4. Payment
4.1 The price of a Workshop is specified on the Website. The price may exclude any applicable additional charges for the payment.
4.3 If your payment is declined you will not be able to participate in the Workshop. Only after full payment has been received by Academy Workshop, you will be able to participate in the Workshop.
4.4 All payments previously made are non-refundable, whether or not you have been able to participate in the Workshop. We will only refund the payment for a Workshop if the Instructor has cancelled it.
4.5 We reserve the right, in our sole discretion and without the need to give a reason, to refuse to accept any payment. In that event we will return any payment that has been made to you.
Article 5. Intellectual Property
5.1 After complete payment of a Workshop we grant to you a limited, non-transferable, non-exclusive license to attend the Workshop.
5.2 All intellectual property provided to you under these Terms and Conditions, including but not limited to the audio and video provided during the course of a Workshop and other proprietary rights in or related to the Service, including but not limited to trademarks, logos, brand elements, trade names, domain names, copyrights, texts, ideas, moral rights and know how, are and remain the sole property of Academy Workshop, the Instructors or their licensors.
5.3 The intellectual property as described in this article is protected under U.S. and international laws. You may not copy, record, reproduce, display, upload, sub-license or redistribute such material without our prior express written consent.
5.4 You hereby grant to Academy Workshop a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use any submission that you make during a Workshop, including but not limited to audio or video of your participation in the Workshop or any feedback or review of the Workshop, for the purposes of promoting and improving our Services and Website.
5.5 You represent and warrant that you will not make any submission during a Workshop that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose. Academy Workshop will not be responsible or liable for any submission that you make during a Workshop.
5.6 Any access and use of the Service not expressly permitted in these Terms and Conditions is strictly prohibited and will constitute an infringement of either Academy Workshop’s copyright or other intellectual property rights and/or the copyright or other intellectual property rights of the Instructors or licensors.
5.7 Breach by you of the foregoing shall allow us to immediately terminate your access to a Workshop, terminate your account and remove or ban you from the Website. Whether the provisions of this article have been violated may be decided by us at any time, without notice to you and in our sole discretion.
5.8 Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright. If you believe that copyright, trademark or other intellectual property rights have been infringed, please notify us by sending an email to firstname.lastname@example.org. Your notice must include the following information:
- an electronic or physical signature of the copyrighted work owner (or authorized person);
- your contact details: an email address, telephone and address;
- a description of the copyrighted work, including the URL where this infringing content is available or a copy of it;
- a statement of “a good faith belief” that the works is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information you are providing in the notice (all the above information) is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
Article 6. Data Protection
Article 7. Disclaimer
7.1 Except as may be otherwise specifically provided in these Terms and Conditions, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permissible by applicable law, Academy Workshop disclaims all warranties, conditions, representations and guarantees of any kind, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
7.2 In particular, we make no representations or warranties about the accuracy or completeness of content available on or through our Website, including but not limited to the Workshops.
7.3 We do not guarantee the Service will be will be uninterrupted, error free, or that defects will be corrected, or that the Service, the Website, the Workshops or the server that makes the Service available are free of viruses or other harmful components.
Article 8. Limitations on Liability
8.1 You acknowledge and agree that Academy Workshop disclaims all liability for any of the content that is shared through the Service. The third party content on our Website, such as the Workshops, is completely independent of Academy Workshop. We are not responsible for this content in terms of its correctness, accuracy, legality, adequacy, usefulness, timeliness, reliability or otherwise. You understand and acknowledge that you may be exposed to content that is inaccurate, objectionable or offensive and you waive any legal or equitable rights or remedies you have or may have against Academy Workshop with respect thereto. You further understand and agree that any interactions you have with an Instructor are solely between you and the Instructor. You acknowledge that Academy Workshop has no part in this relationship. You are also solely responsible to make whatever investigation you feel necessary or appropriate before deciding to purchase a Workshop. Academy Workshop will under no circumstances be liable for any loss, damage, expenses or liabilities of any kind or nature incurred as a result of your decision to purchase a Workshop or your participation in a Workshop. Your use of the Service is at your sole risk and you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so.
8.2 To the fullest extent permitted by applicable law, you acknowledge and agree that in no event shall Academy Workshop be liable for any indirect, punitive, special, incidental or consequential, or any other damages of any kind (including damages for loss of business, profits, opportunity or data), whether based upon contract, warranty, negligence (tort), strict liability, breach of any statutory duty, or otherwise, however caused, arising out of or in connection with these Terms and Conditions, even if Academy Workshop has been advised of the possibility of such damages.
8.3 Notwithstanding the above, in no event shall the sole and entire maximum cumulative liability of Academy Workshop, for any reason, and your sole and exclusive remedy for any cause whatsoever, exceed the fees actually received by Academy Workshop from you the during 12 months preceding the claim giving rise to such liability.
8.4 You agree and understand that the limitations of liability set forth in this article are fundamental elements of the Service that Academy Workshop provide and that the pricing of the Workshops which would be different without such limitations.
8.5 Nothing in these Terms and Conditions shall exclude or limit Academy Workshop’s liability for any matter which may not be limited or excluded under the law.
Article 9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless Academy Workshop and its affiliates, officers, employees, directors, agents, service providers, and licensors from and against any and all claims, losses, damages, liabilities, costs or expenses (including reasonable attorneys’ fees) of any kind or nature in connection with these Terms and Conditions. You will reasonably cooperate with us in connection with any claim. We may appoint counsel and control the defense of any such claim that you are indemnifying.
Article 10. Miscellaneous
10.1 Your use of our Website and the Service shall be governed in and construed in accordance with the laws of the State of Massachusetts, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Service shall be in the state or federal courts located in the State of Massachusetts.
10.2 Any cause of claim you may have must be commenced within one (1) year after the claim or cause of action arises.
10.3 Our failure to exercise or enforce any right or provision of these Terms of Conditions shall not be construed as a waiver of any such right or provision and will not prevent Academy Workshop from enforcing such right or provision in the future or amend these Terms.
10.4 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, invalid or unenforceable, that provision or part of the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions, and shall not invalidate the validity and enforceability the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
10.5 We may assign any or all of our rights and obligations to others at any time without notice to you. You may not assign, transfer or sub-contract all or any of its rights or obligations under these Terms of Conditions without our prior written consent.
10.6 You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties here to execute these Terms and Conditions.
10.7 Under no circumstances will we be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of Academy Workshop.
10.8 We reserve the right, at our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms are posted.