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Welcome to Digital Media Academy Vancouver and the DigitalMediaAcademyVancouver.org
website (sometimes referred to as the “Site” or “Website”). Through this Site, Digital Media Academy
Vancouver partner Halfmoon Education (referred as “Partner” thereafter) offers Digital Media
Academy education and training programs and camps, activities, events, applications, software,
materials, and related products and services (collectively the “Services”). Access and use of the Site
and purchase and use of the Services are governed by and subject to these Terms and Conditions
(referred to as the “Agreement” or “Terms”), as well as all applicable laws, whether or not you are a
registered user of the Site or you create an account on the Site. Please review the Agreement
carefully before using the Site or purchasing any Services. By accessing, using or downloading any
materials from the Site or purchasing any Services from Digital Media Academy, you agree to be
bound by the terms and conditions in the Agreement.
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a
binding contract with Digital Media Academy and its Partner, or (b) you are a person barred from
receiving the Services under the laws of the United States or other countries including the country in
which you are resident or from which you use the Site.
In accordance with the Children’s Online Privacy Protection Act, an individual must be 13 years of
age or older to complete and submit any forms or provide any personal information on this Site.
Digital Media Academy reserves the right to amend this Agreement at any time and without notice.
Your continued use of the Site and any Service after any such changes constitutes your acceptance
of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access
(or continue to access) the Site or any Service. This Agreement applies to all visitors, users, and
others who access the Site, or purchase, download, or receive materials from Digital Media Academy
and its Partner.
Code of Conduct and Guidelines
I have read through, understand, and agree that my learner and I will be held to the Guidelines below
and the Code of Conduct. I also agree that I have reviewed the Code of Conduct and Guidelines myself and with my learner. I understand that my learner and I must act in a way that is in keeping
with the Guidelines and Code of Conduct and that my learner’s Digital Media Academy Program can
be canceled if either of our actions or attitudes are deemed harmful to the learning atmosphere, to my
learner, other participants, or staff, in the opinion of Digital Media Academy Vancouver staff. My
learner and I understand that Digital Media Academy Vancouver Partner reserves the right to cancel
my learner’s Digital Media Academy Program without any prior warning for violating any of the terms
of the Guidelines or Code of Conduct. Refunds will not be provided when programs are canceled for
the failure of the learner or the parent to abide by the Guidelines and Code of Conduct.
Digital Media Academy Guidelines
Tech Camps
Media Release
As a condition of participation in Digital Media Academy Online Programs, I authorize that photos,
videos, images, audio, and testimonials may be taken of me and my learner and agree that said
content may be used by Digital Media Academy and its Vancouver Partner in promotional materials,
marketing collateral, and online media. Any images, testimonials, photos, videos, and audio may be
shared and used by corporate partners, the media, or other organizations who work with Digital Media Academy and its Vancouver Partner to promote or describe products and services. I understand that Digital Media Academy and its Vancouver Partner, its owners, agents, partners, facility providers, and employees will not be held liable for damages and injuries associated with said publishing, including any and all claims based on negligence. I agree that all images, testimonials,
photos, video, and audio taken at or in connection with Digital Media Academy and its Vancouver Partner are the sole and exclusive property of Digital Media Academy and its Vancouver Partner.
Staff Communications
Learners and parents/guardians should be aware that under no circumstances should learners give
their personal contact information to Staff, nor is Staff allowed to give learners or parents/guardians
their personal contact information. Other than during the lessons, Staff are not permitted to communicate privately with; give out personal contact info to, or become social media friends with
learners.
Use of Digital Media Academy Site
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of
your continued use of the Services. Any registration information you give to Digital Media Academy will always be accurate, correct and up to date. You agree to use the Services only for purposes that
are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the
Services by any means other than through the interface that is provided by Digital Media Academy Vancouver Partner.
2. Site Operation
No person, adult or child, shall engage in any activity that interferes with or disrupts the operation of the Site (or the servers and networks which are connected to the Site). You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You are solely responsible for (and Digital Media Academy Vancouver Partner has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the consequences (including any loss or damage which Digital Media Academy Vancouver Partner may suffer) of any such breach.
3. Account Confidentiality
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to Digital Media Academy for
all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Digital Media Academy immediately
at: vancouver@digitalmediaacademy.org
Digital Media Academy Privacy Policy
For information about Digital Media Academy’s data protection practices, please read the Digital Media Academy Website Privacy Policy. This policy explains how Digital Media Academy treats your
personal information, and protects your privacy when you use the Website. You agree to the use of
your data in accordance with the Digital Media Academy Website Privacy Policy.
Terms of Service for Education and Training Programs, Camps, Activities, & Events
Additional Definitions
For purposes of these Terms, the following additional definitions shall apply:
Authorized Purchase of Services
All Services must be purchased by a Responsible Adult, and the individual submitting a registration
and the required payment for participation in a Program certifies that they are either: an Adult Program Participant or the Responsible Adult for the Minor Participant identified in the Program
registration. Entering the “My Digital Media Academy” or “Online Learning Center” portion of the Site certifies that the Responsible Adult agrees to the Terms governing Program Services, and will take
the time to ensure that all information in the required personal information and registration pages of the Website will be up-to-date and accurate to the best of the Responsible Adult’s knowledge, prior to
the Participant’s attendance at a Digital Media Academy Vancouver Partner Program.
Consent to Participate, Guidelines, and Waivers
By submitting a registration and the required payment for participation in a Program, each Adult Participant or Responsible Adult grants permission for the Participant to participate in all Program activities led by Digital Media Academy Vancouver Partner staff during the Program, and, except as otherwise provided in Sections 4 through 7, below, certifies that the Participant is in good health and able to participate in all Program activities. In certain circumstances, Digital Media Academy
Vancouver Partner will make exceptions to its age policies. If you feel like your child would learn better in an environment for older or younger children, we ask that you acknowledge and agree that your child will be outside of the age range, and if the course does not work out for your student, Digital Media Academy Vancouver Partner reserves the right to move your child to another program with no refunds or credits. If any information in the account is falsified, Digital Media Academy Vancouver Partner has the right to move the student or remove them entirely from the program. No refunds or credits will be given. In addition to completing the required personal information and registration forms as well as paying the required tuition for participation in the Program, prior to Program check-in,
each Adult Participant or Responsible Adult must sign (either electronically through e-signature provided on the Website or in person prior to Program check-in) the following completed forms:
Based on the particular Program or information provided in registration pages on the Website, prior to Program check-in, Responsible Adults and Participants may also be required to sign, (either electronically through e-signature provided on the Website or in person prior to Program check-in) the following completed forms:
If any of the above completed, signed forms (collectively referred to as the “Check-in Forms”) are not delivered to Digital Media Academy Vancouver Partner prior to the commencement of the Program, the Participant will not be permitted to attend the Program and no refund of any kind will be owed.
Medical Consent
Responsible Adults of Minor Participants grant Digital Media Academy Vancouver Partner permission to monitor the administration of prescribed medications, provide routine healthcare, and seek
emergency medical treatment, including ordering of x-rays or routine tests of the Participant if required. Additionally, Responsible Adults grant permission to the professional physician selected by
Digital Media Academy Vancouver Partner to secure and administer treatment to the Participant, including emergency medical or surgical treatment and hospitalization, if necessary. In these cases, Digital Media Academy Vancouver Partner will make reasonable efforts to contact the Responsible Adult immediately, and obtain consent regarding any required care, however, care will not be denied
or delayed for the inability to contact the Responsible Adult to obtain prior consent. Responsible Adults agree to assume financial responsibility for any charges incurred. Responsible Adults grant
Digital Media Academy Vancouver Partner permission to arrange necessary related emergency transportation for the Participant. Responsible Adults agree to release any medical or personal records necessary for insurance purposes. Digital Media Academy Vancouver Partner will make reasonable efforts to contact the Responsible Adult or the emergency contact(s) listed on the medical information page of the account holder’s My Digital Media Academy account before releasing information.
Additional Registration Information
Upon registration, Digital Media Academy Vancouver Partner requests and will require certain additional information regarding the Participant that will help Digital Media Academy foster a positive
experience at the Program.
Management of Medications/Allergies
Digital Media Academy Vancouver Partner does not directly administer medication and has a strict procedure in place for Minor Participants who require medication during the course of their Program.
Medication for Minor Participants must be stored and locked in the Program Director’s office. At the appointed time each day the Minor Participant will be brought to the office and Digital Media
Academy’s Program Director will give the Minor Participant one individual daily dose that has been prepared by the Responsible Adult. Digital Media Academy’s Program Director will keep a logbook each day that notes the time and dosage given to the Minor Participant. The Minor Participant will then sign off that they received the medication. Upon arrival, the Responsible Adult must provide the Director with a signed Medication Consent and enough individual daily doses of all medications for the duration of the Program. Each collective group of medications must be placed in the original container with the following: (1) Name of Responsible Adult; (2) Name of Minor Participant; (3) Contact telephone number; (4) Name of medication(s); (5) Amount in each dose; and, (6) Time at which medication must be taken. Please take a moment at check in to speak with either a Director or Lead Camp Counselor to ensure that camp staff clearly understand the correct dosage and times. Any changes to the doses listed on the original container must be accompanied by a signed doctor’s
note. Inhalers, diabetic testing kits and EpiPens are the exception to the above procedure. If the Responsible Adult has provided a signed EpiPen/Inhaler Consent, the permitted items may be kept
with the Participant throughout the Program. Participants with a history of serious allergic reactions must bring an EpiPen to the Program. All medication brought to the Program Location MUST match the information listed on the Participant’s medical information section of their My Digital Media Academy account on the Website and the Medication Consent. Any discrepancies may result in long delays at check-in and may require the cancellation of the registration, without a refund. Responsible
Adults understand and agree that no Digital Media Academy Vancouver Partner personnel are authorized to give any Participant over-the-counter medication without written permission. In most cases, Digital Media Academy Program personnel are not professional nurses or doctors, and have not been trained in medicine. Participants needing injections (insulin, hormones, etc.) will be required
to self-administer their medication. Responsible Adults agree that it is the responsibility of the Responsible Adult to retrieve the Participant’s medication from the Program staff at the end of the
Program. All medication(s) that are left behind will be disposed of at the end of the Program. Should Digital Media Academy dispose of any medication pursuant to this policy, Digital Media Academy Vancouver Partner shall not be responsible for any damages or liabilities related in any way to such medication, including, but not limited to the replacement cost of the medication and any damages resulting from Participant’s failure to administer such medication. Digital Media Academy Vancouver
Partner, by law, is not allowed or permitted to mail medication. Please retrieve all medication before leaving the program location. If a Participant has a dietary restriction, the Responsible Adult must
inform Digital Media Academy Vancouver Partner. Digital Media Academy Vancouver Partner makes reasonable efforts to make each university or other food service provider aware of Participants’ needs and take measures to accommodate those needs. Nevertheless, Digital Media Academy Vancouver
Partner also depends on Participants and Responsible Adults to notify Digital Media Academy Vancouver Partner of any individual circumstances. Most university dining halls or other food services providers provide clear information regarding allergens, but this can vary from location to location.
Please note, Digital Media Academy Vancouver Partner cannot always arrange special meals. This depends on the university or other food service provider. To make special dietary requests, please
email us at vancouver@digitalmediaacademy.org. To ensure dietary needs are met, all formal dining requests must be received no later than 6 weeks before the start of the registration.
Special Needs
If a Participant’s condition, illness or disability requires limited participation in Program activities or special accommodations, the medical information page of the MyDMA Digital Media Academy account on the Website must specifically describe the required limitations or accommodations in the
MyDMA account, and Digital Media Academy Vancouver Partner must agree, in writing, to specific limitations or accommodations. It is crucial that Responsible Adults provide Digital Media Academy Vancouver Partner with all relevant information so that Digital Media Academy Vancouver Partner can make Program staff fully aware of any special needs. Responsible Adults acknowledge that they are responsible for all extraordinary expenses incurred as a result of the Participant’s condition,
illness or disability. Digital Media Academy Vancouver Partner is not a special-needs camp, however, Digital Media Academy Vancouver Partner endeavors to accommodate special-needs Participants to the best of its abilities as long as the requests are made within a reasonable time and are within Digital Media Academy’s standard policies. Digital Media Academy accommodates special needs at each location and historically has had a high success rate with Participants and Responsible Adults
who are vocal about their needs and inform us as to how our Program can help the Participant have the most positive experience possible. All special requests must be received no later than 6 weeks
before the start of the registration. If a Participant requires an aide in the classroom, a background check must be processed. The facilitator must be over age 18. Responsible Adults agree to pay for all costs of room and board for the aide. The aide must be age 18 or older and must pass a criminal background check. Requests for the participation of a classroom aide must be made at least 6 weeks prior to the start of a Program to allow adequate time to process the request and perform the background check. For international aides, the background check will take between 4-6 weeks, so please make the request far enough in advance. For information regarding possible arrangements for
the purchase of meals for aides from the host university dining hall or other foodservice suppliers, please email us at vancouver@digitalmediaacademy.org. If the onsite Program Director determines,
based on observation of the special needs Participant during a Program, that the Program is not a suitable and/or productive environment for the Participant, Digital Media Academy Vancouver Partner may dismiss the Participant and no refund will be issued. All Participants must adhere to all of the
guidelines set forth on the Teen and Adventures Guidelines Waivers. If a Responsible Adult removes a special-needs Participant from a Program during the course of the week, no refund will be issued.
On-Campus Activities
Participant Code of Conduct
Digital Media Academy Classroom Experience
Pick-Up and Drop-Off
Assumption of Risk and Release
Responsible adults are aware of the inherent risks of injury, death, and property damage involved inparticipation in a Digital Media Academy Vancouver Partner program including without limitation risksdue to: (1) recreational activities, including but not limited to running, jumping, organized sportsgames, swimming, hiking, biking, surfing; (2) property damage due to loss or theft; (3) use of video,audio, electronic media or games rated “t” or “m” by the esrb (4) exposure to other program participants as old as 18 years of age; and (5) use of motor vehicles in transit to or from a program or recreational activity or social event, including but not limited to trips to parks, museums, local points of interest and campus tours. Responsible adults are aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of Digital Media Academy and its officers, directors, employees, agents, and subcontractors (collectively, “released parties”), including without limitation the risk of negligent instruction or supervision. Responsible adults, either individually or on behalf of a minor participant, acknowledge that the participant is voluntarily engaged in participation in a program with knowledge by the responsible adult of the risks of injury, death, property damage, and other risks, and assumes any and all known and unknown risks of injury, death, and property damage that may result from participation in a program. Responsible adults, individually, and on behalf of minor participants, release the released parties from all liability to participants, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to this agreement or to participation in a program whether the injury, death, or property damage occurs on or off the program premises. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the released parties. Responsible adults and participants bear sole responsibility for any loss. Responsible adults acknowledge that they have carefully read this agreement, understand its contents, and understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. Responsible adults acknowledge that Digital Media Academy Vancouver Partner is materially relying on this waiver and is allowing the participant to engage in a program.
Responsible adults are aware of the inherent risks of injury, death, and property damage involved in
participation in a Digital Media Academy Vancouver Partner program including without limitation risks
due to: (1) recreational activities, including but not limited to running, jumping, organized sports
games, swimming, hiking, biking, surfing; (2) property damage due to loss or theft; (3) use of video,
audio, electronic media or games rated “t” or “m” by the esrb (4) exposure to other program
participants as old as 18 years of age; and (5) use of motor vehicles in transit to or from a program or
recreational activity or social event, including but not limited to trips to parks, museums, local points of
interest and campus tours. Responsible adults are aware of the risks of injury, death, and property
damage that may result from, among other causes, the active or passive negligence of Digital Media
Academy and its officers, directors, employees, agents, and subcontractors (collectively, “released
parties”), including without limitation the risk of negligent instruction or supervision. Responsible
adults, either individually or on behalf of a minor participant, acknowledge that the participant is
voluntarily engaged in participation in a program with knowledge by the responsible adult of the risks
of injury, death, property damage, and other risks, and assumes any and all known and unknown
risks of injury, death, and property damage that may result from participation in a
program. Responsible adults, individually, and on behalf of minor participants, release the released
parties from all liability to participants, representatives, guardians, successors, assigns, heirs,
children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or
property damage, arising from or related to this agreement or to participation in a program whether
the injury, death, or property damage occurs on or off the program premises. This release includes,
without limitation, any personal injury, death, or property damage caused by the active or passive
negligence of any of the released parties. Responsible adults and participants bear sole responsibility
for any loss. Responsible adults acknowledge that they have carefully read this agreement,
understand its contents, and understand that this agreement includes an assumption of the risk of the
released parties’ negligence and a release of their liability. Responsible adults acknowledge that
Digital Media Academy Vancouver Partner is materially relying on this waiver and is allowing the
participant to engage in a program.
Payments, Cancellations, Refunds
Registration Confirmation
Payments
Cancellations and Refunds
Specials and Offers
Digital Media Academy Vancouver Partner runs promotional specials from time to time. For some offers, the Responsible Adult will receive the published offer with the use of the corresponding
promotional code. Limit one offer per participant unless otherwise stated. The session balance must be paid in full at the time of registration to receive the published offer. Additionally, the Digital Media Academy Vancouver Partner may offer different prices and promotions. No code will be required; registration secures this type of offer. All applicable cancellation/refund policies apply. All promotional codes and referral codes must be submitted at the time of registration. Digital Media Academy
Vancouver Partner does not honor retroactive adjustments. The total offer amount received cannot exceed the total cost of the Services purchased. Promotional specials are not valid for
tuition-assistance recipients. The offer must be applied at the time of purchase.
Financial Assistance
Digital Media Academy Vancouver Partner is dedicated to making world-class digital media education more accessible to students of all circumstances and means. Digital Media Academy Vancouver
Partner awards limited tuition assistance based on financial need and student academic performance, in addition to other guidelines as specified on the Tuition Assistance page. An application is not a guarantee of tuition assistance. Additional documentation may be required after the initial contract is submitted. Failure to provide all required materials will result in an automatic disqualification. Any payment towards any 2021 purchase, including a voucher purchase, will result in the disqualification of the Scholarship/Financial Aid application. There is no financial assistance program available in 2023
Changes to Services
Activities, guest speakers, and tech tours may change from Program session to Program session and may not apply to all Program locations. On rare occasions, the software and hardware used in Programs may change without notice, and Digital Media Academy Vancouver Partner will endeavour to find suitable software and hardware alternatives.
Comments
If you have any questions or comments about the content, terms, and policies contained within, please email us at vancouver@digitalmediaacademy.org.
PROPRIETARY RIGHTS DIGITAL MEDIA ACADEMY (OR DIGITAL MEDIA ACADEMY’S
LICENSORS) OWN ALL LEGAL RIGHTS, TITLE, AND INTEREST IN AND TO THE SERVICES,
INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS WHICH SUBSIST IN THE SERVICES
(WHETHER THOSE RIGHTS HAPPEN TO BE REGISTERED OR NOT, AND WHEREVER IN THE
WORLD THOSE RIGHTS MAY EXIST). NOTHING IN THE TERMS GIVES ANY PERSON A RIGHT
TO USE ANY OF DIGITAL MEDIA ACADEMY’S TRADE NAMES, TRADEMARKS, SERVICE
MARKS, LOGOS, DOMAIN NAMES, AND OTHER DISTINCTIVE BRAND
FEATURES. COMMUNICATIONS CONSENT BY PROVIDING CONTACT INFORMATION TO
DIGITAL MEDIA ACADEMY YOU GRANT DIGITAL MEDIA ACADEMY THE RIGHT TO DELIVER
INFORMATION RELATED TO DIGITAL MEDIA ACADEMY PRODUCTS AND SERVICES TO
YOU. PARTNERS AND THIRD-PARTY VENDORS. THE SITE ALLOWS INTERACTIVE
TRANSACTIONS AND ACCESS TO THE SITES OF DIGITAL MEDIA ACADEMY’S PARTNERS
AND OTHER THIRD-PARTY VENDORS (COLLECTIVELY “VENDORS”) FROM WHICH USERS
MAY PURCHASE CERTAIN GOODS AND SERVICES. DIGITAL MEDIA ACADEMY DOES NOT
CONTROL THE PRODUCTS OR SERVICES OFFERED BY THE VENDORS, NOR DOES IT
CONTROL THE CONTENT OF THEIR SITES. UNLESS OTHERWISE STATED, VENDORS ARE
RESPONSIBLE FOR ALL ASPECTS OF ORDER PROCESSING, FULFILLMENT, BILLING, AND
CUSTOMER SERVICE. DIGITAL MEDIA ACADEMY IS NOT A PARTY TO ANY TRANSACTIONS
BETWEEN USERS AND THE VENDORS. DIGITAL MEDIA ACADEMY CANNOT AND DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY
INFORMATION, INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL
INFORMATION USERS MIGHT TRANSMIT TO A VENDOR. USERS ARE STRONGLY
ENCOURAGED TO INVESTIGATE AND MAKE WHATEVER INQUIRIES THEY FEEL ARE
NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE
TRANSACTION WITH A VENDOR. ALL RULES, POLICIES (INCLUDING PRIVACY POLICIES),
AND OPERATING PROCEDURES OF VENDORS WILL APPLY TO USERS WHILE ON THE
VENDORS’ SITES. DIGITAL MEDIA ACADEMY IS NOT RESPONSIBLE FOR THE INFORMATION
USERS PROVIDE TO THE VENDORS. VENDORS AND DIGITAL MEDIA ACADEMY ARE
INDEPENDENT CONTRACTORS AND NEITHER PARTY HAS ANY AUTHORITY TO MAKE ANY
REPRESENTATIONS OR COMMUNICATIONS ON BEHALF OF THE OTHER. EXCLUSION OF
WARRANTIES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DIGITAL MEDIA
ACADEMY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW. USERS EXPRESSLY UNDERSTAND AND AGREE THAT USE OF
THE SERVICES IS AT USER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”
AND “AS AVAILABLE.” IN PARTICULAR, DIGITAL MEDIA ACADEMY, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) USE OF THE
SERVICES WILL MEET USER’S REQUIREMENTS, (B) USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION
OBTAINED BY USER AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO USER AS PART OF THE SERVICES WILL BE CORRECTED. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
DIGITAL MEDIA ACADEMY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS. DIGITAL MEDIA ACADEMY. FURTHER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. THE DIGITAL MEDIA ACADEMY PARTIES FURTHER DISCLAIM ANY AND ALL
LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED
CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE
SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.LIMITATION OF LIABILITY. SUBJECT
TO OVERALL PROVISION IN SECTION 4.3 ABOVE, USER EXPRESSLY UNDERSTANDS AND
AGREES THAT DIGITAL MEDIA ACADEMY, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY
USER, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE
PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN USER
AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE; (II)
ANY CHANGES WHICH DIGITAL MEDIA ACADEMY MAY MAKE TO THE WEBSITE, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY
FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE
TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) USER’S FAILURE TO
PROVIDE DIGITAL MEDIA ACADEMY WITH ACCURATE ACCOUNT INFORMATION; (IV) USER’S
FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON DIGITAL MEDIA ACADEMY’S LIABILITY TO USER ABOVE SHALL APPLY
WHETHER OR NOT DIGITAL MEDIA ACADEMY HAS BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE DIGITAL MEDIA ACADEMY PARTIES SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE
DIGITAL MEDIA ACADEMY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR
ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL DIGITAL MEDIA
ACADEMY ‘S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED
TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY DIGITAL
MEDIA ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX
MONTHS, WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE
REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DIGITAL
MEDIA ACADEMY PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO
DIGITAL MEDIA ACADEMY ‘S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN
ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO
THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. DISPUTE
RESOLUTION AND BINDING ARBITRATION. USERS (INCLUDING RESPONSIBLE ADULTS AND
PARTICIPANTS) AND DIGITAL MEDIA ACADEMY ARE AGREEING TO GIVE UP ANY RIGHTS TO
LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION
OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT THEY
WOULD HAVE IF THEY WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED
IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT
OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE
AND EQUITABLE CLAIMS) BETWEEN USER AND DIGITAL MEDIA ACADEMY, ITS AGENTS,
EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY
THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES (COLLECTIVELY
“NEUROLECTRICS”) ARISING FROM OR RELATING IN ANY WAY TO THE USE OF THE SITE,
THE PURCHASE OR USE OF THE SERVICES, THIS AGREEMENT, ITS INTERPRETATION OR
THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT
FROM THIS AGREEMENT (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT
SIGNATORIES TO THIS AGREEMENT), DIGITAL MEDIA ACADEMY’S’ ADVERTISING OR ANY
RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION IN PALO ALTO, CALIFORNIA. THE ARBITRATOR SHALL HAVE EXCLUSIVE
AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR
ENFORCEABILITY OF THIS ARBITRATION PROVISION INCLUDING ANY UNCONSCIONABILITY
CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THE
AGREEMENT IS VOID, VOIDABLE OR OTHERWISE INVALID. THE ARBITRATION SHALL BE
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) (OR A SUBSTITUTE
FORUM IF AAA IS UNAVAILABLE). ARBITRATION PROCEEDINGS SHALL BE GOVERNED BY
THIS PROVISION AND THE APPLICABLE PROCEDURES OF THE SELECTED ARBITRATION
ADMINISTRATOR, INCLUDING ANY APPLICABLE PROCEDURES FOR CONSUMER-RELATED
DISPUTES, IN EFFECT AT THE TIME THE CLAIM IS FILED. USER AGREES TO AN
ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER USER NOR DIGITAL
MEDIA ACADEMY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IF
ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE
UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING ARBITRATION
TERMS SHALL BE ENFORCED (BUT IN NO CASE SHALL THERE BE A CLASS ARBITRATION).
THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE
AVAILABLE IN COURT UNDER LAW OR IN EQUITY. THIS TRANSACTION SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION ACT 9 U.S.C. SEC. 1-16 (FAA). ANY AWARD OF
THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE
ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. DIGITAL MEDIA
ACADEMY WILL BE RESPONSIBLE FOR INITIAL PAYMENT OF ALL
ARBITRATION/ARBITRATOR FEES. THE ARBITRATOR MAY APPORTION ARBITRATION FEES
AND AWARD REASONABLE FEES UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED
BY LAW. INFORMATION ON AAA RULES IS AVAILABLE AT THE FOLLOWING TELEPHONE
NUMBER AND URL: AMERICAN ARBITRATION ASSOCIATION, (800) 778-7879,
WWW.ADR.ORG. COPYRIGHT AND TRADEMARK POLICIES DIGITAL MEDIA ACADEMY
RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OUR USERS, CONTENT PROVIDERS,
AND OTHER THIRD PARTIES AND EXPECTS OUR USERS TO DO THE SAME WHEN USING
THE SERVICES AND SITES. WE HAVE ADOPTED AND IMPLEMENTED THE DIGITAL MEDIA
ACADEMY COPYRIGHT AND TRADEMARK POLICY IN ACCORDANCE WITH APPLICABLE LAW,
INCLUDING THE DIGITAL MILLENNIUM COPYRIGHT ACT. IT IS DIGITAL MEDIA ACADEMY’S
POLICY TO RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT
COMPLY WITH APPLICABLE INTERNATIONAL INTELLECTUAL PROPERTY LAW (INCLUDING,
IN THE UNITED STATES, THE DIGITAL MILLENNIUM COPYRIGHT ACT) AND TO TERMINATING
THE ACCOUNTS OF REPEAT INFRINGERS. DIGITAL MEDIA ACADEMY’S POLICY IS TO
INVESTIGATE ANY ALLEGATIONS OF COPYRIGHT INFRINGEMENT BROUGHT TO ITS
ATTENTION. IF YOU HAVE EVIDENCE, KNOW, OR HAVE A GOOD FAITH BELIEF THAT YOUR
RIGHTS OR THE RIGHTS OF A THIRD PARTY HAVE BEEN VIOLATED AND YOU WANT DIGITAL
MEDIA ACADEMY TO DELETE, EDIT, OR DISABLE THE MATERIAL IN QUESTION, YOU MUST
PROVIDE DIGITAL MEDIA ACADEMY WITH ALL OF THE FOLLOWING INFORMATION: (A) A
PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF
OF THE OWNER OF THE EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED; (B)
IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF
MULTIPLE COPYRIGHTED WORKS ARE COVERED BY A SINGLE NOTIFICATION, A
REPRESENTATIVE LIST OF SUCH WORKS; (C) IDENTIFICATION OF THE MATERIAL THAT IS
CLAIMED TO BE INFRINGED OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS
TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED, AND INFORMATION
REASONABLY SUFFICIENT TO PERMIT DIGITAL MEDIA ACADEMY TO LOCATE THE
MATERIAL; (D) INFORMATION REASONABLY SUFFICIENT TO PERMIT DIGITAL MEDIA
ACADEMY TO CONTACT YOU, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND IF
AVAILABLE, AN ELECTRONIC MAIL ADDRESS AT WHICH YOU MAY BE CONTACTED; (E) A
STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE
MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT,
OR THE LAW; AND (F) A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS
ACCURATE, AND UNDER PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON
BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED. FOR
THIS NOTIFICATION TO BE EFFECTIVE, YOU MUST PROVIDE IT TO DIGITAL MEDIA
ACADEMY’S DESIGNATED AGENT AT LEGAL@DIGITALMEDIAACADEMY.COM. COPYRIGHT.
THE MATERIAL YOU ARE DOWNLOADING IS COPYRIGHTED BY DIGITAL MEDIA ACADEMY
AND ITS LICENSORS. ALL RIGHTS RESERVED. THIS WORK MAY NOT BE COPIED, MODIFIED,
REPUBLISHED, UPLOADED, EXECUTED, OR DISTRIBUTED IN ANY WAY, IN ANY MEDIUM,
WHETHER IN WHOLE OR IN PART EXCEPT PURSUANT TO EXPRESS LICENSE TERMS
AGREED UPON BY DIGITAL MEDIA ACADEMY AND YOU.TRADEMARKS THE TRADEMARKS,
LOGOS, AND SERVICE MARKS (COLLECTIVELY THE “TRADEMARKS”) DISPLAYED ON THE
SITE ARE REGISTERED AND UNREGISTERED TRADEMARKS OF DIGITAL MEDIA ACADEMY
AND ITS AFFILIATES, AND OTHER THIRD PARTIES. NOTHING CONTAINED ON THE SITE
SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE,
ANY LICENSE OR RIGHT TO USE ANY TRADEMARK DISPLAYED ON THE SITE WITHOUT THE
WRITTEN PERMISSION OF DIGITAL MEDIA ACADEMY OR SUCH THIRD PARTY THAT MAY
OWN THE TRADEMARKS DISPLAYED ON THE SITE. YOUR MISUSE OF THE TRADEMARKS
DISPLAYED ON THE SITE, OR ANY OTHER CONTENT ON THE SITE, EXCEPT AS PROVIDED IN
THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED. YOU ARE ALSO ADVISED THAT
DIGITAL MEDIA ACADEMY WILL AGGRESSIVELY ENFORCE ITS INTELLECTUAL PROPERTY
RIGHTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING SEEKING CRIMINAL
PROSECUTION. INDEMNIFICATION USERS (INCLUDING RESPONSIBLE ADULTS AND
PARTICIPANTS) AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DIGITAL MEDIA
ACADEMY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VENDORS, AND
AGENTS FROM, AND AGAINST ALL CLAIMS, LIABILITIES, EXPENSES (INCLUDING COURT
COSTS AND ATTORNEYS’ FEES), LOSSES, AND OTHER DAMAGES MADE BY ANY THIRD
PARTY THAT ARE CAUSED BY, ARISE OUT OF, OR RELATE TO, THE USER’S USE OF THE
SITE OR THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIM OF LIBEL,
DEFAMATION, OBSCENITY, NEGLIGENCE, VIOLATION OF RIGHTS OF PRIVACY OR
PUBLICITY, LOSS OF SERVICE BY OTHER USERS OF THE SITE, PROPERTY DAMAGE, AND
INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. DIGITAL MEDIA
ACADEMY WILL NOTIFY THE USER PROMPTLY OF ANY CLAIM FOR WHICH IT SEEKS
INDEMNIFICATION. THE USER WILL BE AFFORDED THE OPPORTUNITY TO PARTICIPATE IN
THE DEFENSE OF SUCH CLAIM, PROVIDED THAT THE USER’S PARTICIPATION WILL NOT BE
CONDUCTED IN ANY MANNER PREJUDICIAL TO DIGITAL MEDIA ACADEMY INTERESTS, AS
REASONABLY DETERMINED BY DIGITAL MEDIA ACADEMY. CONTENT PROVIDERS DIGITAL
MEDIA ACADEMY’S CONTENT PROVIDERS AND INTEGRATED SERVICES PROVIDERS ARE
THIRD-PARTY BENEFICIARIES OF THE TERMS AND MAY ENFORCE THOSE PROVISIONS OF
THE TERMS THAT RELATE TO THEM. JURISDICTION THE SERVICES ARE MANAGED BY
DIGITAL MEDIA ACADEMY, WHICH IS LOCATED IN PALO ALTO, CALIFORNIA. YOU AGREE
THAT ANY DISPUTE RELATED TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAW PROVISIONS. YOU FURTHER
CONSENT TO THE PERSONAL JURISDICTION OF AN EXCLUSIVE VENUE IN THE FEDERAL
AND STATE COURTS LOCATED IN AND SERVING PALO ALTO, CALIFORNIA AS THE LEGAL
FORUM FOR ANY SUCH DISPUTE. EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER
EQUITABLE RELIEF, FOR CLAIMS RELATED TO THE SERVICES WHERE THE TOTAL AMOUNT
SOUGHT IS LESS THAN TEN THOUSAND U.S. DOLLARS ($10,000.00 USD), EITHER YOU OR
DIGITAL MEDIA ACADEMY MAY ELECT AT ANY POINT DURING THE DISPUTE TO RESOLVE
THE CLAIM THROUGH BINDING, NON-APPEARANCE-BASED ARBITRATION. THE DISPUTE
WILL THEN BE RESOLVED USING AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION
(“ADR”) PROVIDER, MUTUALLY AGREED UPON BY YOU AND DIGITAL MEDIA ACADEMY. THE
PARTIES AND THE SELECTED ADR PROVIDER SHALL NOT INVOLVE ANY PERSONAL
APPEARANCE BY THE PARTIES OR WITNESSES, UNLESS OTHERWISE MUTUALLY AGREED
BY THE PARTIES; RATHER, THE ARBITRATION SHALL BE CONDUCTED, AT THE OPTION OF
THE PARTY SEEKING RELIEF, ONLINE, BY TELEPHONE, OR VIA WRITTEN SUBMISSIONS
ALONE. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT
OF COMPETENT JURISDICTION. ADVERTISEMENTS SOME OF THE SERVICES MAY BE
SUPPORTED BY ADVERTISING REVENUE AND MAY DISPLAY ADVERTISEMENTS AND
PROMOTIONS. THESE ADVERTISEMENTS MAY BE TARGETED TO THE CONTENT OF
INFORMATION STORED ON THE SERVICES, QUERIES MADE THROUGH THE SERVICES, OR
OTHER INFORMATION. THE MANNER, MODE, AND EXTENT OF ADVERTISING BY DIGITAL
MEDIA ACADEMY ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT SPECIFIC
NOTICE. IN CONSIDERATION FOR DIGITAL MEDIA ACADEMY GRANTING USERS ACCESS TO
AND USE OF THE SITE, USERS AGREE THAT DIGITAL MEDIA ACADEMY MAY PLACE SUCH
ADVERTISING ON THE SITE. OTHER CONTENT DIGITAL MEDIA ACADEMY IS NOT
AFFILIATED WITH THE CAMPUSES AND LOCATIONS WHERE PROGRAMS ARE RUN. THE
SERVICES MAY INCLUDE LINKS TO OTHER WEBSITES OR CONTENT OR RESOURCES.
DIGITAL MEDIA ACADEMY MAY HAVE NO CONTROL OVER ANY WEBSITES OR RESOURCES
WHICH ARE PROVIDED BY COMPANIES OR PERSONS OTHER THAN DIGITAL MEDIA
ACADEMY. USERS ACKNOWLEDGE AND AGREE THAT DIGITAL MEDIA ACADEMY IS NOT
RESPONSIBLE FOR THE AVAILABILITY OF ANY SUCH EXTERNAL SITES OR RESOURCES,
AND DOES NOT ENDORSE ANY ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR
AVAILABLE FROM SUCH WEBSITES OR RESOURCES. USERS ACKNOWLEDGE AND AGREE
THAT DIGITAL MEDIA ACADEMY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU AS A RESULT OF THE AVAILABILITY OF THOSE EXTERNAL SITES OR
RESOURCES, OR AS A RESULT OF ANY RELIANCE PLACED BY USERS ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, PRODUCTS OR
OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES OR
RESOURCES. MISCELLANEOUS SOMETIMES WHEN USERS USE THE WEBSITE, USERS MAY
(AS A RESULT OF, OR THROUGH USE OF THE SERVICES) USE A SERVICE OR DOWNLOAD A
PIECE OF SOFTWARE, OR PURCHASE GOODS, WHICH ARE PROVIDED BY ANOTHER
PERSON OR COMPANY. USE OF THESE OTHER SERVICES, SOFTWARE OR GOODS MAY BE
SUBJECT TO SEPARATE TERMS BETWEEN THE USER AND THE COMPANY OR PERSON
CONCERNED. IF SO, THE TERMS DO NOT AFFECT THE USER’S LEGAL RELATIONSHIP WITH
THESE OTHER COMPANIES OR INDIVIDUALS. THE TERMS CONSTITUTE THE WHOLE LEGAL
AGREEMENT BETWEEN USERS AND DIGITAL MEDIA ACADEMY AND GOVERN THE
PURCHASE AND USE OF THE SERVICES, AND COMPLETELY REPLACE ANY PRIOR
AGREEMENTS BETWEEN USER AND DIGITAL MEDIA ACADEMY IN RELATION TO THE
SERVICES. USERS AGREE THAT DIGITAL MEDIA ACADEMY MAY PROVIDE THEM WITH
NOTICES, INCLUDING THOSE REGARDING CHANGES TO THE TERMS, BY EMAIL, REGULAR
MAIL, OR POSTINGS ON THE SITE. USERS AGREE THAT IF DIGITAL MEDIA ACADEMY DOES
NOT EXERCISE OR ENFORCE ANY LEGAL RIGHT OR REMEDY WHICH IS CONTAINED IN THE
TERMS (OR WHICH DIGITAL MEDIA ACADEMY HAS THE BENEFIT OF UNDER ANY
APPLICABLE LAW), THIS WILL NOT BE TAKEN TO BE A FORMAL WAIVER OF DIGITAL MEDIA
ACADEMY’S RIGHTS AND THAT THOSE RIGHTS OR REMEDIES WILL STILL BE AVAILABLE TO
DIGITAL MEDIA ACADEMY. IF ANY COURT OF LAW OR ARBITRATOR, HAVING THE
JURISDICTION TO DECIDE ON THIS MATTER, RULES THAT ANY PROVISION OF THESE
TERMS IS INVALID, THEN THAT PROVISION WILL BE REMOVED FROM THE TERMS WITHOUT
AFFECTING THE REST OF THE TERMS. THE REMAINING PROVISIONS OF THE TERMS WILL
CONTINUE TO BE VALID AND ENFORCEABLE. THE TERMS, AND THE USER’S RELATIONSHIP
WITH DIGITAL MEDIA ACADEMY UNDER THE TERMS, SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS.
THE USER AND DIGITAL MEDIA ACADEMY AGREE TO SUBMIT TO THE EXCLUSIVE
JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNSOMETIMES WHEN USERS
USE THE WEBSITE, USERS MAY (AS A RESULT OF, OR THROUGH USE OF THE SERVICES)
USE A SERVICE OR DOWNLOAD A PIECE OF SOFTWARE, OR PURCHASE GOODS, WHICH
ARE PROVIDED BY ANOTHER PERSON OR COMPANY. USE OF THESE OTHER SERVICES,
SOFTWARE OR GOODS MAY BE SUBJECT TO SEPARATE TERMS BETWEEN THE USER AND
THE COMPANY OR PERSON CONCERNED. IF SO, THE TERMS DO NOT AFFECT THE USER’S
LEGAL RELATIONSHIP WITH THESE OTHER COMPANIES OR INDIVIDUALS. THE TERMS
CONSTITUTE THE WHOLE LEGAL AGREEMENT BETWEEN USERS AND DIGITAL MEDIA
ACADEMY AND GOVERN THE PURCHASE AND USE OF THE SERVICES, AND COMPLETELY
REPLACE ANY PRIOR AGREEMENTS BETWEEN USER AND DIGITAL MEDIA ACADEMY IN
RELATION TO THE SERVICES. USERS AGREE THAT DIGITAL MEDIA ACADEMY MAY
PROVIDE THEM WITH NOTICES, INCLUDING THOSE REGARDING CHANGES TO THE TERMS,
BY EMAIL, REGULAR MAIL, OR POSTINGS ON THE SITE. USERS AGREE THAT IF DIGITAL
MEDIA ACADEMY DOES NOT EXERCISE OR ENFORCE ANY LEGAL RIGHT OR REMEDY
WHICH IS CONTAINED IN THE TERMS (OR WHICH DIGITAL MEDIA ACADEMY HAS THE
BENEFIT OF UNDER ANY APPLICABLE LAW), THIS WILL NOT BE TAKEN TO BE A FORMAL
WAIVER OF DIGITAL MEDIA ACADEMY’S RIGHTS AND THAT THOSE RIGHTS OR REMEDIES
WILL STILL BE AVAILABLE TO DIGITAL MEDIA ACADEMY. IF ANY COURT OF LAW OR
ARBITRATOR, HAVING THE JURISDICTION TO DECIDE ON THIS MATTER, RULES THAT ANY
PROVISION OF THESE TERMS IS INVALID, THEN THAT PROVISION WILL BE REMOVED FROM
THE TERMS WITHOUT AFFECTING THE REST OF THE TERMS. THE REMAINING PROVISIONS
OF THE TERMS WILL CONTINUE TO BE VALID AND ENFORCEABLE. THE TERMS, AND THE
USER’S RELATIONSHIP WITH DIGITAL MEDIA ACADEMY UNDER THE TERMS, SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS
CONFLICT OF LAWS PROVISIONS. THE USER AND DIGITAL MEDIA ACADEMY AGREE TO
SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE
COUNTY OF SANTA CLARA, CALIFORNIA TO RESOLVE ANY LEGAL MATTER ARISING FROM
THE TERMS. NOTWITHSTANDING THIS, THE USER AGREES THAT DIGITAL MEDIA ACADEMY
SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT
TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION.TY OF SANTA CLARA, CALIFORNIA
TO RESOLVE ANY LEGAL MATTER ARISING FROM THE TERMS. NOTWITHSTANDING THIS,
THE USER AGREES THAT DIGITAL MEDIA ACADEMY SHALL STILL BE ALLOWED TO APPLY
FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY
JURISDICTION.
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