Digital Media Academy

Privacy Policy

I. PROTECTING YOUR PERSONAL INFORMATION

 

1.1 Introduction

DMA’s website, www.digitalmediaacademy.org, is directed to parents and guardians of our participants. In keeping with the Children’s Online Privacy Protection Act (COPPA) – the law that protects children’s online privacy – and the guidelines of the Children’s Advertising Review Unit of the Council of Better Business Bureaus, Digital Media Academy (DMA) limits the collection of personal information from kids.

We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information.

If we become aware that we have inadvertently received personally identifying information from a user under the age of thirteen, we will delete such information from our records.

 

1.2 Internet Protection

DMA makes every reasonable effort to prevent participants from being exposed to inappropriate web content. DMA installs Internet filtering software on DMA computers. No software is 100% perfect, and some inappropriate content may inadvertently be accessed. DMA takes reasonable precautions to guard against inappropriate material from being viewed. If inappropriate content is viewed, the instructor will follow standard protocol. Participants found in violation of our “common sense” Internet policy may be removed from camp without receiving a refund.

DMA does not share email addresses or any other personal information with third parties interested in contacting you or collecting information about you. We do not sell, rent, give or trade personal information we collect from online, phone or paper registrations and or catalog requests.

 

1.3 How we store your information

We store your personal information in secure operating environments that are not available to the public. Your personal information is accessible only by you and select company employees. Employees are bound by duties of confidentiality and have access to select databases, which are further protected by DMA and password requirements.

To update or change your account information, log in to My DMA, call our Guest Services department at 1.866.656.3342, or send an email to info@hyadev.com.

 My DMA, Your Account Login & Password: You are responsible for keeping your password confidential. You agree that you are responsible for any and all communication, transactions and use of services associated with and made using your password. This includes any fees, charges or other obligations that may result from such use. You are responsible for changing your password if you believe your password has been stolen or otherwise compromised. You may not loan, or assign your password or transfer rights under this agreement without prior written consent. Any attempted password assignment or transfer without such consent will be void.

 

1.4 How we use your information

DMA provides for user guided registration process in order to expedite your transactions on our site (through the use of pre-filled forms) and to provide you with better service.

In order for you to complete your online registration or conduct other transactions on our site, we will require the creation of a DMA User account, My DMA, which requires that you submit certain personal information to DMA.

We may share pertinent personal information with our relevant employees or university relationships for the limited purpose of enabling them to fulfill your requests (e.g. Camp Directors, Instructors and University Liaisons).

We may elect to contact you regarding the status of your transactions on our site or to inform you of maintenance to your account (My DMA) or website updates.

 

1.5 Other information we gather

When you request a catalog or register for a DMA program, we ask for certain basic information: name, mailing address, email address, and phone number. By providing that information you grant Digital Media Academy the right to deliver information related to Digital Media Academy products and services to you. Digital Media Academy NEVER shares personal information.

 

1.6 Security of Credit Card Transactions and Information

If you choose to pay online by credit card, you will do so through Evalon, a US Bank company. For your security, when you pay online your credit card number is not stored in our system. Evalon provides an extra level of security for your payments. Only the last four digits of your credit card are available to view by DMA. Evalon uses the industry’s most secure data encryption technologies and physically secure servers that aren’t connected directly to the Internet. We use state-of-the-art Secure Socket Layer (SSL) encryption technology to safeguard and protect your personal information and transactions over the Internet.

Your information, including your credit card information, is encrypted and cannot be read as it travels over the Internet.

 

 

II. Social Networking/Media/Communication

2.1 Social Networking and Communication on External Sites

DMA views social networking sites (e.g. YouTube, Facebook, Twitter, etc.), personal websites, and web logs (blogs) positively and respects the rights of our participants to use them as a medium for self-expression. DMA provides several opportunities for social networking for both participants and staff on such sites. You agree that by registering for a DMA program, your participant(s) may access and upload content to Social Networking sites. These sites are not affiliated with DMA and offer their own individual social networking services. It is important to note:

  • Any projects or websites created by participants at DMA and posted on external media sites may not contain links to websites containing personal information or inappropriate material. Users must follow the terms of use of the said social site, including following the specified age policies.
  • DMA does not allow the use of its company logo or those of its corporate partners or community partners on any personal website, social networking group, or blog without written permission by DMA or its corporate or community partners.

 

2.2 Social Networking and Communication on Internal Sites

Please read the following terms and conditions carefully, as well as the Terms and Conditions of the sites in which DMA has created a forum. These Terms and Conditions are a legal agreement between you and DMA and apply to you whether you are a visitor to these sites or any site with an official DMA affiliation. DMA is a member of several pre-existing sites (as mentioned above). There are, however, portions of www.digitalmediacademy.org that include areas where participants can post submissions. DMA reserves the right to take action to remove any content deemed inappropriate by the sites or by DMA standards. DMA will not be held liable for any loss of content or disagreements that may arise between the individual social networking site and the user. In order to access certain features of the social networking sites or to pages on www.digitalmediaacademy.org, and to post Member Submissions, the majority of these sites require that the user open an account with them. Please note that these sites have their own individual terms and conditions that must be followed. Age requirements are outlined within each Site’s Terms and Conditions. You hereby authorize your participant to access social networking sites while at camp and create an account if they choose to do so and if they meet the requirements listed by each site to create an account. Interaction with other users:

  • DMA is merely providing a medium in which to socialize online with fellow participants. Users are solely responsible for interactions (including any disputes) with other Members and any volunteers that may advise and assist participants with projects and activities via your use of the Site and Services.
  • You agree that DMA does not in any way screen Members or review or police: (i) statements made by Members in their Member Submissions or the Member Submissions in general; or (ii) statements made by Users or any information a User may provide via the Site or Services.
  • You agree that your participant(s) are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the various Sites and Services and disclosing personal information to other Members or Users. On behalf of your participant(s), you agree that they will take reasonable precautions in all interactions with other Members, particularly if they decide to meet a Member offline or in person.
  • Your participant’s use of the social networking sites with which DMA is affiliated, their services, and content and member submissions is at your sole risk and discretion and DMA hereby disclaims any and all liability to you or any third party relating thereto.
  • On behalf of your participant(s), you agree that they will not harass, threaten, intimidate, bully, stalk, or invade the privacy of any individual in connection with your use of the social networking sites with which DMA is affiliated and their services, whether or not an individual is an DMA Member; and you further agree not to advocate such activities or to encourage others to engage in any such activities.

 

 

III. STAFF BACKGROUND CHECKS

 

DMA requires criminal background checks for all staff (operational, instructional, and corporate) who will be onsite for any duration of time other than check-in and parent open house.

IV. Staff/Student Communication

 

Under no circumstances are staff members permitted to give personal contact information to students for social networking sites, personal websites or email/instant messaging. The DMA corporate office must coordinate any and all communication between participants and their instructors outside of the program. Should you have any questions regarding this policy, please email info@hyadev.com.

  • For the safety of our campers and to protect the privacy of our summer staff, DMA has implemented a policy to govern interactions outside of camp.  Staff may communicate publicly via the DMA Facebook Group.  However, staff is not permitted to communicate privately with, give out personal contact info to, or become social media friends with participants under the age of 18.
  • Participants may not give their personal contact information to a staff member. To correspond with instructors after the session has ended, the participant’s parent must contact the Human Resources Department at the main office (866-656-3342) to grant permission for the participant to contact the staff member. The Human Resources Department will then contact the staff member on behalf of the participant. Students and staff in the overnight program may use the GroupMe app to communicate information about the course during sessions. This app should not be used after the end of the camp session.
  • On behalf of your participant(s), you agree they will not give their social networking information to a DMA staff member.

On our behalf and are obligated not to disclose or use it for any other purpose.

 

 

V. Copyright & Intellectual Property

You agree that you and your participant will not use the social networking sites to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party. DMA has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the intellectual property or proprietary rights of others.

DISCLAIMER:  BY USING THE SOCIAL NETWORKING SITES OR SUBMITTING A MEMBER SUBMISSION YOU AGREE THAT DMA IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED OR INCOMPLETE MEMBER SUBMISSIONS; (B) COMPUTER OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE SITE OR SERVICES. THE SITE, SERVICES, DMACONTENT AND MEMBER SUBMISSIONS ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. DMA, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, SERVICES, DMA. CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR YOUR SUBMISSION OF A MEMBER SUBMISSION WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, DMA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification:  You agree to defend, indemnify, and hold DMA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of social networking sites, their services, DMA Content and Member Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party or infringed or violated any third party intellectual property right, publicity, confidentiality, property or privacy right.

 

 

VI. Photo and Media Release

You agree that all images, testimonials, survey responses, photos, video and audio taken at or in connection with DMA are the sole and exclusive property of DMA.

  • As a condition of enrollment, you must agree and authorize that photos may be taken of your student.  You also agree that said content may be used by DMA in camp promotional and marketing materials and online media.
  • You agree, testimonials, survey responses, photos, videos and audio may be shared and used by corporate partners, the media, or other organizations that work with DMA.
  • You agree that DMA, its owners, agents, partners, facility providers, and employees are not held liable for damages and injuries associated with DMA publishing, including any and all claims based on negligence.
  • You agree that DMA in camp promotional materials and other print and online media may use all projects and work created while at DMA for camp purposes. These projects may be shared and used by corporate partners, the media, or other organizations that work with DMA. You agree that DMA and/or any of the participant(s) in the group that created the movie may submit any digital movie created during the DMA course to a film festival.

 

website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from the website.

 

 

 

Definitions

  • Service Service is the https://hyadev.com/dma/ website operated by Digital Media Academy LP
  • Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies Cookies are small files stored on your device (computer or mobile device).
  • Data Controller Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers) Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data.

 

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

 

Types of Data Collected

 

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

 

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customise our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

 

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

 

Use of Data

Digital Media Academy LP uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis information to improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Digital Media Academy LP legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Digital Media Academy LP may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

 

Retention of Data

Digital Media Academy LP will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Digital Media Academy LP will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

 

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Digital Media Academy LP will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

 

Disclosure of Data

 

Business Transaction

If Digital Media Academy LP is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

 

Disclosure for Law Enforcement

Under certain circumstances, Digital Media Academy LP may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

Legal Requirements

Digital Media Academy LP may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Digital Media Academy LP
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Digital Media Academy LP aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Digital Media Academy LP relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

 

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

  • Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

 

Behavioral Remarketing

Digital Media Academy LP uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

  • Google Ads (AdWords)Google Ads (AdWords) remarketing service is provided by Google Inc.You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/adsGoogle also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
  • FacebookFacebook remarketing service is provided by Facebook Inc.You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

 

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: info@hyadev.com
  • By visiting this page on our website: https://hyadev.com/dma/contact-dma/
  • By phone number: 8666563342

By mail: 530 Lytton Avenue, 2nd Floor, Palo Alto, CA, 94301.

Additional Terms and Conditions for Use of the Digital Media Academy Site and the Services

 

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.