Terms of Service
Welcome, and thank you for your interest in Academy of Art, Design & Strategy (“AADS,” “we,” or “us”) and our website at aads.academy, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and AADS regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING AADS PRIVACY POLICY (TOGETHER, THESE "TERMS“). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND AADS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AADS AND BY YOU TO BE BOUND BY THESE TERMS.
1. ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AADS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
- AADS Service Overview
We are building a platform to help anyone build a cohort-based course and deliver a premium student experience at scale. Unlike small workshops or impersonal mass online classes, we will integrate both live and asynchronous components to engage students without needing to scale up instructor time or support staff. Our mission is to democratize cohort-based courses. - Eligibility.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. - Accounts and Registration.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You are prohibited from sharing your account information and access to the Service through your account with others. We may suspend or terminate your account if we believe you have shared your account information with a third party. If you believe that your account is no longer secure, then you must immediately notify us at contact@aads.academy. We at academy reserve the right, in our sole discretion, to disallow, cancel, remove, or reassign usernames, without liability to you or any third party, and with or without prior notice to you. - General Payment Terms.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are converted in U.S. Dollars and are non-refundable. - Price.
AADS instructors ("Instructors") reserve the right to determine pricing for courses offered on the Service. AADS will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. AADS or its Instructors may change the fees for any course on the Service, including additional fees or charges, and AADS will provide you advance notice of such changes before they apply. AADS, at its sole discretion, may make promotional offers with different features and different pricing to any of AADS’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. You acknowledge and agree that AADS may choose to share a portion of the payments that you provide to AADS for your use of different features of the Service with Instructors who host courses on the Service. - Authorization.
You authorize AADS and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by AADS, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, AADS or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. - Delinquent Accounts.
AADS may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
2. Licenses
- Limited License.
Subject to your complete and ongoing compliance with these Terms, AADS grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. - License Restrictions.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Service and any content made available on or through the Service including, but not limited to, courses offered on the Service (collectively, the "Offering"); (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Offering or any part thereof; or (f) make any other use of the Offering, Materials (defined below), or any other content provided by AADS or its users on or through the Service, including any data concerning other users of the Service, except as expressly authorized by AADS in these Terms. If you are prohibited under applicable law from using the Service, you may not use it.
3. Feedback.
If you choose to provide ideas, input or suggestions during or about any courses or regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant AADS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without any obligation of attribution or compensation to you for such Feedback.
4. Ownership; Proprietary Rights; Marks.
- Ownership;
Proprietary Rights. The Service is owned and operated by AADS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by AADS are protected by intellectual property and other laws. All Materials included in the Service are the property of AADS or its third party licensors. Except as expressly authorized by AADS, you may not make use of the Materials. AADS reserves all rights to the Materials not granted expressly in these Terms. - Marks.
The AADS trademarks, service marks, and logos (collectively, the "AADS Trademarks") used and displayed on the Service are AADS’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the Service (including in courses) may be trademarks or service marks owned by third parties (collectively with the AADS Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage AADS or the applicable third party, AADS’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without AADS’s prior express written consent. All goodwill generated from the use of any AADS Trademark will inure solely to AADS’s benefit. All goodwill generated from the use of any other Trademark will inure solely to the benefit of the owner of such Trademark. - Our Intellectual Property
All content, logos, trademarks, text, graphics, images, videos, and other intellectual property available through the Site are the property of AADS or our licensors. You are granted a limited, revocable license to use the content for personal, non-commercial use, provided that you do not alter or remove any copyright or proprietary notices. You may not reproduce, distribute, or create derivative works from this content without our express written permission.
5. Third-Party Terms
- Third-Party Services and Linked Websites.
AADS may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on AADS with an account on the third-party service, such as Twitter or Linkedin or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that AADS may transfer that information to the applicable third-party service. Third-party services are not under AADS’s control, and, to the fullest extent permitted by law, AADS is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under AADS’s control, and AADS is not responsible for their content. - Third-Party Software.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6. User Content
- User Content Generally.
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. - Limited License Grant to AADS.
By providing User Content to or via the Service, you grant AADS a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, reproduce, modify for the purpose of formatting for display, creative derivative works from, distribute, and otherwise exploit and use (collectively "Use") your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. - Limited License Grant to Other Users.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive, irrevocable, perpetual, royalty-free, fully paid up license to access and use that User Content as permitted by these Terms and the functionality of the Service. - User Content Representations and Warranties.
AADS disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AADS and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by AADS, the Service, and these Terms; your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AADS to violate any law or regulation; your User Content will not require AADS to obtain authorizations, consents, licenses, or permissions from or pay any royalties or other consideration to any third party for the Use of your User Content; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. - User Content Disclaimer.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. AADS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AADS with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AADS does not permit copyright-infringing activities on the Service. - Monitoring Content.
AADS does not control and does not have any obligation to monitor: (a) User Content, including, without limitation, courses; (b) any content made available by third parties or Instructors; or (c) the use of the Service by its users. You acknowledge and agree that AADS reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time AADS chooses to monitor the content, AADS still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. AADS reserves the right to remove any User Content from the Service in AADS’s sole discretion, without notice, and without further obligation or liability to any user.
7. Communications.
- Text Messaging.
AADS and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to contact@aads.academy indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while AADS processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. - Email.
We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself. If you choose to opt-out of both promotional emails, AADS will continu e to send operational emails and other communication through which to notify you regarding your purchases of courses or other functionality that the Service provides to you.
8. Limitation of Liability
- To the fullest extent permitted by law, AADS shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Site. The Site is provided for information purposes only and, to the maximum extent permitted by applicable law, AADS excludes all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Site and any materials you obtain through this Site.You acknowledge and accept that use of the Site is subject to the risks inherent in any connection and transmission on the internet, in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, AADS is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AADS DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AADS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS ON THE SITE; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SITE OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR LOSSES OR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE SITE.
9. Modification of Terms
- We may modify these Terms at any time by posting the updated version on our Site. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
10. Termination
- AADS may suspend or terminate your access to the Services at any time for violating these Terms or if we believe it is necessary to protect the integrity of our systems.