Terms & Conditions | Digital Media Academy

Digital Media Academy

Terms & Conditions (version updated on August 21st, 2024)

Welcome to Digital Media Academy Corp. and DMA Academy Canada Ltd. (“Digital Media Academy” or “DMA”) and the digitalmediaacademy.org website (“Site” or “Website”). Through this Site, Digital Media Academy offers access to live and virtual educational and training courses, classes, Programs, Camps, activities, events, materials, software, applications, and related products and services, all as described on the Site or in promotional, informational, or marketing materials produced by or on behalf of DMA (collectively, “Services”).

Access and use of the Site and purchase and use of the Services are governed by and subject to these Terms and Conditions (“Terms”), as well as all applicable laws, whether or not you are a registered user (refers to any individual who accesses or uses the Site or Services), of the Site or you create an account on the Site. Please review these Terms carefully before using the Site or purchasing Services (refers to all educational programs, courses, camps, and related offerings provided by DMA through the Site). By accessing, using, or downloading any materials from the Site or purchasing Services from Digital Media Academy, you agree to be bound by these Terms. In other words, when accessing or using this Site, downloading materials from the Site, or using DMA Services, you are entering into a binding legal contract (these Terms) with Digital Media Academy.

Digital Media Academy reserves the right to amend these Terms. In the event of significant changes, Users will be notified via email or through a prominent notice on the Site prior to the changes taking effect. Your continued use of the Site and any Service after any such change 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 Services.

These Terms apply to all visitors, users, and others who access the Site, or purchase, download, or receive Services or materials from Digital Media Academy.

If you have any questions or concerns, please contact DMA’s Customer Service team at info@digitalmediaacademy.org.

These Terms are organized into sections applicable to:

Use of the Website
Participation in DMA’s online programs
Participation in DMA’s in-person programs
3.1 Cancellation and Refund Policies for In-Person Programs
3.1.1 Cancellation and Refund Policy for Global Innovation Race
General terms and conditions

USE OF THE WEBSITE

You may not use the Site if (a) you are not of legal age or are otherwise unable to enter into a binding legal contract with DMA, (b) you are barred from receiving Services under the laws of the United States, Canada, or the country in which you are resident or from which you are accessing the Site, or (3) because DMA previously barred your learner(s) from using its Services as a result of inappropriate conduct.

In accordance with the Children’s Online Privacy Protection Act in the United States and equivalent government regulations or policies in Canada and other countries, you must be 13 years of age or older to complete and submit any forms or provide any personal information on this Site. If you are not at least 13 years of age, you (1) must not enter any information about yourself or anybody else in any field on this Site, and (2) you must exit this Site now.

In compliance with COPPA, if we become aware that a user under the age of 13 has provided personal information without parental consent, we will promptly delete such information.

You may not engage in any activity that interferes with or disrupts the operation of the Site (or the servers or networks connected to the Site). Do not abuse or attempt to abuse the Site technically (e.g., please do not try to hack the Site).

For information about DMA’s data protection practices, please refer to the Digital Media Academy Privacy Policy which can be accessed from the Site. That Policy explains how DMA treats your personal information and protects your privacy (and the personal information and privacy of your learner(s)) when you or they use the Site and DMA Services. You agree to the use of your and your learner(s) data in accordance with the DMA Privacy Policy.

PARTICIPATION IN DMA’S ONLINE PROGRAMS

DMA offers 3 kinds of online programs:

Live, instructor-led after-school courses (virtual classes in the morning, afternoon, and evening).
Live, instructor-led virtual Camps (Monday to Friday during the winter, spring and summer school breaks).
Self-Paced courses.

This section governs the participation of learners in all DMA online educational and training courses, classes, Camps, and Programs. They are intended to keep learners safe and to ensure DMA’s online courses are productive and positive learning experiences for all learner(s).

You agree you will abide by the following rules and that you have discussed them with your learner(s), who also understands and agrees to follow them. You and your learner(s) also agree to abide by DMA’s General Terms and Conditions found below.

Your learner(s) must participate in online courses or classes in an appropriate and private setting. An appropriate setting is a desk or table (1) where the learner can work comfortably on their device (desktop computer, laptop, tablet) and (2) that is located here noise and distractions can be kept to a minimum. A private setting usually means your home.

In class, your learner(s) must follow directions given by DMA instructors.

You and your learner(s) must treat all other learners, instructors, DMA staff members, and yourselves with courtesy, kindness, and respect. Learners must not ridicule each other or other learners’ projects either while participating in an online course or on social media or in chat rooms (or elsewhere).

Your learner(s) must not at any time while participating in an online class, course, Camp, Program, or on social media or in a chat room (or elsewhere on- or offline):
1. use inappropriate language;
2. impersonate an instructor or another learner;
3. engage in or threaten violence;
4. bully, intimidate, harass, or threaten to bully, intimidate, or harass another learner(s), instructor(s), or DMA staff members.

You and your learner(s) agree that the prohibitions in nos. 3 and 4 continue indefinitely after your learner(s) has completed a course or program of courses.

If you believe your learner(s) has been bullied, intimidated, or harassed by another learner(s) please reach out to customer service at info@digitalmediaacademy.org or your Program Director and DMA will take appropriate measures to remedy the situation.

Your learner(s) must dress appropriately during interactive online classes. This means they must wear what they would wear to school, i.e., no T-shirts, etc, with profanity, nude, semi-nude, or suggestive pictures and no clothing made of see-through materials or that expose areas of the body usually covered in an educational setting.

Your learner(s) will only share or discuss media that is related to lessons and that is appropriate for the age range of the learners in the class. Sexually explicit media is never appropriate. Violence cannot be depicted in any media presented in class. In some situations, such as a class about constructing gaming apps, age-appropriate “cartoon violence” may be acceptable, but it must be submitted to the instructor for approval before it can be presented in class.

During lessons, your learner(s) will not view or open windows displaying inappropriate material (e.g., pornography or age-inappropriate sexual content, or text or media depicting violent, racist, bullying, harassing behaviour). This is so that any such material is not inadvertently displayed to other learners by way of, for example, screen share. The best practice is for learners to only have the window or app they are using to participate in the class open during lessons.

Without permission from their instructor, your learner(s) is not permitted to share course content, course materials, or other educational information with anyone who is not also enrolled in a course. Learners may share such content and materials with you. After a course is completed, they are also welcome to share their completed projects with friends.

Your learner(s) is strictly prohibited from contacting or attempting to contact instructors outside of lessons (ie., at any time other than during class time). This prohibition continues indefinitely after your learner(s) has completed a course, Camp or Program. Further details about this prohibition can be found in the General Terms & Conditions below.

If you wish to speak with an instructor, please contact info@digitalmediaacademy.org.

Neither you nor your learner may use DMA Services or any materials provided by DMA for illegal or immoral purposes.

You and your learner will participate in classes, courses, Camps, and Programs in accordance with (1) these rules, (2) any rules or terms of use specific to a particular course, and (3) any general DMA rules governing the use of or access to its Services.

This next section contains general Terms that apply to DMA online courses, classes, Camps, and Programs.

Virtual Camps and After-School Programs

Virtual Camps and After-School Programs take place on fixed dates and at fixed times. Details of the times and dates are available on the Site. Please note the published time zone.

Fees for Virtual Camps and After-School Programs are paid as instructed on the payment processing platform. The fees are shown and charged in US dollars. Canadian customers are charged the sales tax applicable in their province.

The fees for Virtual Camps and After-School Programs are non-refundable. Missed classes cannot be made up or refunded. Fees will not be prorated for missed classes or if you cancel your learner(s) participation in a course, including those purchased as part of a bundle/package. All Virtual Camps and After-School Programs courses purchased as part of a package/bundle must be used in the season for which the purchase was made. No refunds are available for unused portions.

You may reschedule your learner(s)’s Virtual Camp or After-School Program, depending on availability, with no change fee, up to 45 days prior to the Camp’s or Program’s start date. A US$50 fee will apply to any changes made within 45 days to 14 days prior to the first day of the Camp or Program. No changes can be made within 14 days of the start of the Camp or Program.

If DMA cancels a Camp or Program because of low enrollment, you will qualify for a full credit or a full refund.

If an individual class in an After-School Program has to be cancelled for reasons beyond DMA’s control (i.e., because the instructor becomes ill or incapacitated and a replacement is not available, or because of the temporary impact of a reason included in the Force Majeure clause, e.g., a temporary power outage), DMA will reschedule the class.

If at any time before or during a Virtual Camp, DMA cancels the Camp (or balance of the Camp) because it cannot operate for reasons beyond its control (i.e., because the instructor becomes ill or incapacitated and a replacement is not available, or for a reason included in the Force Majeure clause – COVID-19 restrictions would be an example of a Force Majeure/Act of God in this instance), 75% of the pro-rated fee will be refunded or a 100% pro-rated credit toward any On-Campus or Online Program begun within 12 months of the Camp’s start date will be given.

You must check software, and hardware compatibility before purchase and participation. The required hardware and software are published on each course, Camp, or Progam description page. It is your responsibility to ensure your learner(s) arrives on the first day of virtual class with the required hardware and software in working order. DMA is not responsible for hardware or software availability or compatibility. Digital Media Academy does not pay for the hardware and software required for a course, Camp, or Program.

DMA’s online instructors often work from locations remote from DMA’s offices. For quality assurance and safety reasons, Digital Media Academy may video record online classes. Recordings are stored using commercially accepted electronic security measures and are only retained as long as is necessary. To protect the privacy of other learners in a course, recordings of online classes cannot be provided.

A certificate of completion will be sent by email upon completion of each Virtual Camp or After-School Program.

Virtual Camps operate on statutory holidays but After-School programs do not. Please check the specific program calendar.

Online Self-Paced Courses

Online Self-Paced Courses run on-demand and are specifically designed for the age and experience of learners as indicated in the course description.

Fees for Online Self-Paced Courses are paid as instructed on the payment platform. The fees are shown and charged in US dollars. Canadian customers are charged the sales tax applicable in their province.

The fees for Online Self-Paced Courses are non-refundable.

The purchase of any Online Self-Paced Course provides access for twelve (12) months from the date of purchase unless otherwise stated at checkout.

A certificate of completion will be sent by email upon completion of each Self-Paced Course.

Learners will require a stable internet connection and a modern computing device to access Self-Paced Courses.

Digital Media Academy is not responsible for third-party service, support, or accountable if third-party services are suspended or adapted. DMA does not cover costs for third-party services.

PARTICIPATION IN DMA’S IN-PERSON PROGRAMS

Digital Media Academy’s In-Person Programs offer diverse learning experiences for participants at various global locations. These programs provide an opportunity for creativity, collaboration, and skill development. Details about each program, including dates, times, and locations, can be found on the respective program description pages. Specific details about the program’s location will be communicated in advance of the program’s start date.

All fees are in United States Dollars (USD) unless otherwise specified. Program fees are processed through the appropriate DMA entity, ensuring compliance with local regulations at the respective global locations. All fees are in United States Dollars (USD). Changes in foreign currency valuations and other factors can necessitate small changes in our fees. Digital Media Academy Program Fees, therefore, are subject to change with written notice and prior to a signed registration quote.

Trip Cancellation Insurance:

Digital Media Academy does not provide trip cancellation insurance and does not accept any liability for the cancellation of trips outside the conditions of these terms. Digital Media Academy recommends that participants purchase trip cancellation insurance.

Medical Insurance:

If participating in an overnight residential program, all participants are required to have medical insurance and will submit proof of medical insurance coverage upon student information collection after your reservation has been confirmed.

Travel Documents and Information:

Participants are responsible for obtaining any documents required for their participation in the program, such as a valid passport, all visas, vaccination certificates, and any other necessary documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting or delay due to travel without the necessary documents will be the participant’s responsibility. If not a U.S. citizen, participants should contact the embassy or consulate of the countries they will visit or transit through to ensure they obtain the proper documentation.

Age Requirements:

Participants must adhere to the minimum and maximum age restrictions specified on the program website at the time of registration. Registrations found to be outside of the program’s age requirements are subject to removal without refund. It is the responsibility of the registrant or their legal guardian to ensure compliance with the age specifications outlined for each program. This condition is in place to maintain the integrity and appropriateness of the program experience for all participants. If you have any questions regarding the age requirements or need further clarification, please contact us before completing the registration process.

3.1 Cancellation and Refund Policy for In-Person Programs:

Digital Media Academy (DMA) is committed to providing enriching and immersive In-Person Programs for participants at various global locations. Our Cancellation and Refund Policy is designed to ensure transparency and fairness in handling cancellations and refund requests. Please carefully review the following guidelines that govern the cancellation process and refund eligibility for our In-Person Programs. These policies are applicable to all participants, and specific details may be further outlined in program-specific terms where necessary. Your understanding and compliance with these policies contribute to a seamless and positive experience for all participants involved. If you have any questions or require further clarification, please do not hesitate to contact us.

Cancellation by Digital Media Academy:

Digital Media Academy reserves the right to alter or cancel any of its programs, and to alter or cancel courses of study and/or activities and/or excursions. Digital Media Academy is not responsible for costs incurred in preparing for a program that is canceled.

If a program is canceled prior to departure by Digital Media Academy due to reasons within our control, participants will receive a full credit to be used on other services with twelve months validity, as per the program-specific refund policy.

If at any time before or during a program, Digital Media Academy cancels the program because it cannot operate for reasons beyond its control (i.e., Force Majeure clause – COVID-19 restrictions would be an example of a Force Majeure/Act of God in this instance), participants will receive a pro-rated program fee refund or may select credit toward any future program that begins within 12 months of the program’s start date.

Cancellation by Digital Media Academy while the program is in progress:

If Digital Media Academy is required to cancel the program while in progress for any reason, participants will be provided a pro-rated refund based on the number of days not completed on the program.

If a participant elects to leave a program of their own volition or if a participant is required by Digital Media Academy to program expulsion, the participant will not receive any refund. Please review the below expulsion conditions.

3.1.1 Cancellation and Refund Policy for Global Innovation Race 2025:

Program fees are refundable as follows:

If DMA cancels the program because of low enrollment:
1. On or before December 31, 2024 — Full refund.
2. On or before May 31, 2025 — Full refund.
3. On or after June 01, 2025 — Not applicable. DMA will not cancel this program after June 01, 2025
If at any time before or during the program, DMA cancels the Program because it cannot operate for reasons beyond its control (i.e., a reason included in the Force Majeure clause – COVID-19 restrictions would be an example of a Force Majeure/Act of God in this instance), the client shall be given the option of a 50% refund or 75% credit toward any future program operated by Digital Media Academy that begins within 12 months of the Program’s start date.
If you cancel your student(s) enrollment:
1. On or before December 31, 2024 — Full Refund.
2. On or before May 31, 2025 — 50% refund or 75% credit usable within 12 months toward any future program operated by Digital Media Academy that begins within 12 months of the Program’s start date.
3. On or after June 01, 2025— No refund and no credit given except with a doctor’s note and/or extenuating circumstances, then 25% refund or 50% credit usable within 12 months.

GENERAL TERMS AND CONDITIONS

To access Services, you may be required to create an account by providing information about yourself, as well as payment (credit card) information. You may be required to verify that you are legally eligible (1) to use DMA’s Site and Services, and (2) to provide information about yourself and your learner(s). In other words, you may be asked to verify (1) you have reached the age of majority in the place where you live or are presently located/where your learner(s) will be using DMA’s Services, (2) are not otherwise ineligible to use DMA’s Site and Services, and (3) you are your learner(s)’s parent or legal guardian and are therefore legally entitled to provide personal identifying information about your learner(s).

If you create an account on the Site, you must provide us with accurate information, in good faith, and you agree to update your information if it changes.

In accordance with the Children’s Online Privacy Protection Act in the United States and equivalent government regulations or policies in Canada and other countries, you must be 13 years of age or older to complete and submit any forms or provide any personal identifying information on the Site. If you are not at least 13 years of age, you (1) must not enter any information about yourself or anybody else in any field on the Site, and (2) you must exit the Site now.

If you have created one, you are responsible for anything that occurs when the Site is accessed using your account, as well as the security of your password. Please contact us at info@digitalmediaacademy.org immediately if you believe your account has been compromised or you become aware of any unauthorized use of your password.

If you have created one, you can permanently deactivate your account on DMA’s site at any time by contacting info@digitalmediaacademy.org. If you choose to deactivate your account, all personal data relating to you and your learner(s) will be removed from DMA’s records, except for names and purchase information. If you deactivate your account when your learner(s) are mid-course or program, it will mean you have elected to cancel without refund your learner(s) participation in that course and any future course in which they may at the time be enrolled or pre-enrolled.

DMA complies with GDPR, CCPA, and other relevant data protection regulations. For details on how we collect, use, and protect your data, please refer to our Privacy Policy which can be accessed from the Site. That Policy explains how DMA treats your personal information and protects your privacy (and the personal information and privacy of your learner(s)) when you or they use the Site and DMA Services. You agree to the use of your and your learner(s) data in accordance with the DMA Privacy Policy.

Limitations on the Use of DMA’s Services

Courses are taught in English unless otherwise indicated. It’s the responsibility of you and your learner(s) to ensure that he/she/they have attained the level of competency or fluency in English necessary to participate in the Program.

Only learners registered for a Program may participate.

Classes, courses, Camps, and Programs are learning/teaching services only. No specific outcomes are promised or guaranteed. DMA is not responsible for any specific outcome or lack thereof.

Digital Media Academy has the right to refuse service.

Publicity

Except as provided in paragraph 2 of this clause, neither you nor your learner(s), nor DMA, will make public statements including, without limiting the generality of the foregoing, to the press or on social media about the other’s competence, abilities, sensibilities, business acumen, professionalism, or experience using Services or participating in virtual or on-campus classes, courses, Camps, or Programs. Neither you nor your learner(s) will publicly or privately disparage DMA, its Services, products, educational materials or practices, instructors, or other staff members. You or your learner(s) will not contravene paragraph 1 of this clause if you or your learner(s) place a review of DMA’s Services on a website intended as a platform for consumers to review service providers. However, you and your learner(s) promise that before placing a negative review on any public platform, you will contact DMA at info@digitalmediaacademy.org and provide DMA with a reasonable opportunity to address the concern(s) of you or your learner(s).

Media Release

You authorize Digital Media Academy to take photos, images, video recordings, and/or audio recordings of yourself and/or your learner(s), and that such content may be used by DMA for instructor training/auditing purposes and in promotional and marketing materials of whatsoever nature, including on the Site and elsewhere online for advertising and promotional purposes. Similarly, if you or your learner(s) provide a testimonial with respect to the Services, DMA may use that testimonial without restriction for advertising and marketing purposes.

Images, testimonials, photos, videos, and audio may be shared with and used by DMA’s corporate partners, the media, or other organizations that work with Digital Media Academy to promote or describe products and services. You understand and agree that Digital Media Academy, its owners, agents, partners, facility providers, and employees will not be liable for damages and injuries associated with such publishing, including claims based on negligence. You agree that all images, testimonials, photos, video, and audio taken at or in connection with DMA are owned solely and exclusively by Digital Media Academy.

Please contact Digital Media Academy at info@digitalmediaacademy.org if you wish to have a photo/video of you or your learner(s) removed from the website or otherwise not used by DMA or organizations that work with Digital Media Academy to promote or describe products and services.

Communication with Instructors

Under no circumstances is your learner(s) to provide or attempt to provide personal contact information to DMA instructors or staff members or to ask for an instructor’s or staff member’s personal contact information. Instructors and staff members are required to disclose all such instances to DMA management. DMA reserves the right to terminate without refund a learner(s) participation in a course, class, Camp, Program,.or other Service in such instances.

DMA instructors and staff members are prohibited from obtaining or seeking to obtain a learner(s) personal contact information and from providing or seeking to provide their own personal contact information to a learner(s). Further, outside of scheduled DMA Program time (whether virtual or on-campus), instructors and staff members are not permitted to socialize or communicate privately with, become social media friends with, or establish any other on- or offline relationship with a learner or learner(s).

If a DMA instructor or staff member contacts or attempts to contact your learner(s) or you become aware of any other contact you consider to be inappropriate, please contact info@digitalmediaacademy.org. Enter POSSIBLE INAPPROPRIATE CONDUCT in the subject line.

Please note that all of the prohibitions with respect to contact between DMA instructors/staff members and learner(s) apply equally to contact with you.

As part of DMA’s data privacy provisions, information DMA requires to contact you or your learner(s) is only available to DMA staff members cleared and designated for such purpose. Instructors are aware that if they need to communicate with a learner or all learners in a class outside of DMA Program time, they are to provide the information to DMA, and it will be forwarded on their behalf.

Proprietary Rights

Digital Media Academy (or Digital Media Academy’s licensors) owns all legal and equitable rights, title, and interest in and to the Services, including, without limiting the generality of the foregoing, all Intellectual Property rights subsisting in the Services (whether registered or not and wherever in the world those rights may exist). “Services” for the purposes of Proprietary Rights includes live and virtual educational and training courses and classes, course and class content including anything said or demonstrated by an instructor, Self-Paced courses, course content, course materials, recordings of virtual classes or Self-Paced courses, Programs, Camps, activities, events, any ancillary materials, Site content including course and Program descriptions, software, applications, and related products, services, or materials.

When you purchase Services, you are granted a revocable, non-sublicensable, non-transferable license only for the limited purpose of your learner(s) accessing Services for educational or training purposes.

Neither you nor your learner(s) may reproduce, duplicate, copy, sell, trade, or resell the Services (i.e., course materials, course content) for any purpose or on any on- or offline platform. For example, neither you nor your learner may record online classes and post recordings on social media platforms or otherwise share or distribute such recordings. (Note that you and your learner are strictly prohibited from recording online classes no matter the intended purpose of the recording.)

Trademarks

The trademarks, logos, and service marks (collectively “trademarks”) displayed on the Site or visible when accessing Services are registered and unregistered trademarks of Digital Media Academy and its affiliates, and other third parties. Nothing on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any DMA trademark without the written permission of Digital Media Academy or the applicable third party. Your use of the trademarks displayed on the site, or any other content on the site, except as provided in these Terms, is strictly prohibited.

Nothing in these Terms gives any person the right to use any Digital Media Academy trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

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 (including you) may purchase certain goods and services. Digital Media Academy controls neither the products nor services offered by vendors, nor the content of their sites. Unless otherwise stated, vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. DMA is not a party to any transaction between users and 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 on- or offline transaction with a vendor. All rules, policies (including privacy policies), and operating procedures of vendors will apply to users while on 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.

Limitation of Liability

You expressly understand and agree that Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages which may be incurred by you or your learner(s), however caused or under any theory of liability.

Without limiting the generality of the foregoing, you expressly understand and agree that Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors shall not be liable for (A) any loss of (i) profit (whether incurred directly or indirectly), (ii) goodwill or business reputation, (iii) data, (iv) cost of procuring substitute goods or services, or (v) any other intangible loss, (B) any loss or damage of whatsoever nature which may be incurred by you or your learner(s), including but not limited to loss or damage as a result of (i) any reliance by you or your learner(s) on the completeness or accuracy of any descriptions on the Site or in advertising of courses, classes, Camps, Programs, materials, activities, or technological or learner competency requirements for access or use of the Services, (ii) any relationship or transaction between you or your learner(s) and any advertiser or sponsor whose advertising appears on the Site, (C) any changes which Digital Media Academy may make to the Site, (D) any permanent or temporary cessation in the provision of Services (or any features within a Service), (E) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your or your learner(s) use of the Services, (F) your failure to provide Digital Media Academy with accurate account information including accurate information about your learner(s) competencies with respect to the class, course, Camp, or Program in which you enroll your learner(s), or (G) your failure to keep your password or account details secure and confidential.

Without limiting the generality of the nos. 1 or 2, you expressly understand and agree that Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, and licensors shall not be liable for any loss, harm, or perceived harm which may be incurred or suffered by you or your learner(s), however caused or under any theory of liability, resulting from your or their access to and use of Services, including participation in online or on-campus classes, courses, Camps, Programs, or activities, or as a result of any interaction, transaction, or relationship between you or your learner(s) with or and another learner(s), another learner’s parent(s) or guardian(s), an instructor(s), or DMA staff member(s). For example, DMA shall not be liable in the event your learner(s) is bullied or harassed by another learner(s).

Without limiting the generality of the no.1, 2, or 3, you expressly understand and agree that the limitations on Digital Media Academy’s liability to you and/or your learner(s) (and that of its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors) shall apply whether or not DMA has been advised of or should have been aware of the possibility of any such loss or losses occurring. To the maximum extent permitted by law, Digital Media Academy, its directors, officers, employees, contractors/ freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors 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, or any other loss or harm suffered or perceived to have been suffered by you or your learner(s) resulting from (a) your or your learner(s) access to, use of, or inability to access or use Services; (b) any conduct or content by or of any party including other learner(s), parent(s) or guardian(s), instructor(s), DMA staff members (in the latter two cases if they are acting outside the scope of their responsibilities or otherwise in a manner contrary to DMA’s training, policies, or procedures), including without limitation, any defamatory, offensive, or illegal conduct, or unauthorized access, use, or alteration of your content or information.

Force Majeure. Digital Media Academy shall not be considered in default of delivery of Services or of any obligation governed by these Terms if such is prevented, delayed, or interrupted by Force Majeure. “Force Majeure” is any cause which is beyond the reasonable control of DMA, including but not limited to interruption (slowdown or outage) of Internet service or connectivity, war, hostilities, revolution, riot, civil unrest, public disorder, terrorism (including cyberterrorism), embargo, strike, lockout, labor disturbance, epidemic or pandemic, government-ordered restriction or cessation of activity, any requirements of law enforcement or law (including any local or foreign laws or regulations not in existence at the time these Terms were written), inability after commercially reasonable efforts to secure materials, transportation, or facilities, accident, fire, explosion, natural disaster, or any act or acts of God (including wind, flood, blizzard, and earthquake).

Exclusion of Warranties

Nothing in these terms shall exclude or limit Digital Media Academy’s warranty or liability for losses that 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 your learner(s) and DMA’s liability will be limited to the maximum extent permitted by law. You expressly understand and agree that the use of Services by you and your learner(s) is at your and your learner(s) sole risk and that Services are provided “as is” and “as available.” In particular, Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors do not represent or warrant that (A) use of Services will meet your or your learner(s) requirements, (B) use of Services will be uninterrupted, timely, secure, or free from error, (C) any information obtained by your or your learner(s) as a result of the use of Services will be accurate or reliable, and (D) that defects in the operation or functionality of any software provided to you or your learner(s) as part of Services will be corrected. Any material downloaded or otherwise obtained through the use of Services is done at your or your learner(s) discretion and risk and you and your learner(s) will be solely responsible for any damage to your or your learner(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 you or your learner(s) from Digital Media Academy or through or from the use of or access to Services shall create any warranty not expressly stated in these 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 or in the course of dealing or usage of trade. Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors further disclaim any and all liability related to your access or use of Services or any related content. You acknowledge and agree that any access to or use of Services or such content is at your own risk or that of your learner(s).

Indemnification

You are solely responsible (and Digital Media Academy has no responsibility to you, your learner(s), or any third party) for any breach of your and/or your learner(s) obligations under these Terms and for the consequences of any such breach (including any loss or damage which Digital Media Academy may suffer or any liability for the actions of you or your learner(s) that may be attributed to DMA in any court or other legal proceeding).

Without limiting the generality of the foregoing, you agree you shall be solely and exclusively liable for any losses or damages that may arise out of anything you or your learner(s) says, does, or presents in or outside of virtual or on-campus classes (including images, audio and/or video recordings, or apps or other projects created by your learner(s) that causes losses to be incurred or harm to be suffered by another learner(s), parent(s) or guardian(s), or instructor(s), or DMA staff member(s) (including any loss or damage which Digital Media Academy may suffer or any liability for the actions of you or your learner(s) that may be attributed to DMA in any court or other legal proceeding).

You will indemnify Digital Media Academy, its directors, officers, employees, contractors/freelancers, subcontractors, subsidiaries, affiliates, licensees, and licensors from all losses and liabilities, including legal fees, that may arise from these Terms or from you or your learner(s) use of Services (including without limiting the generality of the foregoing, your learner(s) participation in online or on-campus classes and interactions with other learner(s), instructors, or DMA staff member(s)). DMA reserves the right to exclusive control over the defense of a claim covered by this clause. If DMA exercises this right then you will help us in our defense.

Dispute Resolution

You are encouraged to contact DMA at info@digitalmediaacademy.org if you or your learner(s) has an issue. If a dispute should arise with respect to these Terms or in relation to your or your learner(s) use of the Site or Services, then the dispute will be resolved in a court located in Vancouver, British Columbia, Canada. Both parties consent to the exclusive jurisdiction and venue of the British Columbia courts to resolve any dispute between them. British Columbia law, excluding its conflict of law provisions, governs these Terms, all other DMA policies, and any dispute that arises between you and/or your learner(s) and Digital Media Academy.

Expulsion or dismissal from DMA Programs:

Participants must conduct themselves in keeping with the rules set out by Digital Media Academy with respect to participating in the program and while interacting with others. If Digital Media Academy finds the participant’s actions or attitudes to be harmful to the learning atmosphere or others, the participant’s participation in, use of, and/or access to Digital Media Academy Programs and Services may be canceled, and the participant expelled from the Program without refund. Conduct that may result in expulsion includes but is not limited to drug/alcohol/tobacco possession/use, viewing inappropriate material, bullying, intimidation, violence, damage to property, unauthorized use of equipment, and other behaviors that violate program rules.

Personal Items/Damage to Property/Illegal Substances or Weapons

You and your learner(s) are responsible for any personal items brought to a Camp or Program location. DMA is not responsible for the loss of, or damage to, personal items, including devices, however, caused.

You and your learner(s) are responsible for any equipment loaned to your learner(s) for use at a Camp or during a Program. You are responsible for the cost of repairing or replacing any DMA equipment damaged while loaned to your learner(s).

If it is reasonably suspected that your learner(s) is using or is in possession of illegal substances or weapons while at a live (as opposed to virtual) class, course, Camp, or Program, your learner(s) will be subject to search and seizure. If illegal substances or weapons are found, learner(s) will be expelled from the Program and barred from future Programs. Law enforcement may be called.

Conclusion

By purchasing, using, or allowing your learner(s) to use DMA Services, i.e., by registering your learner(s) to participate in any DMA class, course, Camp, or Program, you agree that you and your learner(s) will abide by and be bound by all of these Terms.