The following terms of service (these “Terms of Service”), govern your access to and use of THEATER.ACADEMY services, including any content, functionality and services offered on or through www.theater.academy (the “Site or website”)
1. ACCEPTANCE OF TERMS
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to THEATER.ACADEMY. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
2. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify THEATER.ACADEMY for any losses, costs or damages, including reasonable legal fees, incurred by THEATER.ACADEMY in relation to, or arising out of, such a breach.
3. ABOUT THEATER.ACADEMY SERVICES
THEATER.ACADEMY LLC is a company registered and carrying on its business activities at 1712 Carey Ave., Suite 168, Cheyenne, Wyoming 82001, the United States and offers online theater education via its website.
Some of the core services we offer via our website are but not limited to the following:
We offer three services:
- On-demand, pre-recorded, non-downloadable, exclusive educational content (occasionally supplemented with PDFs). Users can purchase a life-time access to some/all this content.
- Coaching services: live, one-one-one, paid, virtual meetings (over zoom or a similar service) with coaches who are featured on our website. Sometimes it is an hour-long meeting, and sometimes multiple hours, as part of a “package”.
- Actors’ Forum: registered users can post, comment, and respond in our Actors’ Forum (no payment needed).
For more information about the service THEATER.ACADEMY provides, please visit – www.theater.academy.
Our prospective users for the services are:
- Educational institutions, such as: libraries of higher education institutions, high schools, public libraries.
- Theaters and casting agents (who will post open calls in our Actors’ Forum).
If you do not fall within the category, the service may not be useful for you.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. THEATER.ACADEMY hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. THEATER.ACADEMY shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INTELLECTUAL PROPERTY
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
6. YOUR REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
8. USER LICENSES
In consideration for your acceptance of this Agreement and your payment of all applicable Fees, THEATER.ACADEMY grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the Software solely for your own personal purposes.
You may access and use the Site and services only in accordance with any instruction manuals, user guides and other documentation as made available by THEATER.ACADEMY from time to time (“Documentation”).
This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- attempt to decompile or reverse engineer any software contained on THEATER.ACADEMY website.
- remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by THEATER.ACADEMY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
9. PRICING & MODE OF PAYMENT
To ensure you efficiently use the service, we have set out prices for each of the various services we render via the site.
Access to our on-demand educational content and coaching services for individuals is only available for paid users. Payment is by credit card only. Currently, no subscription. For institutions, payment is for a yearly subscription, which renews automatically, unless cancelled before the renewal date. Now, for individual paying customers only (i.e. not institutions) we offer lifetime access to the educational content which the User paid for.
THEATER.ACADEMY reserves the right, however, to shorten this time to three years, and we will notify the relevant customers at least a month in advance if such change in “access term” occurs.
Acceptable mode of Payments for transactions on the Application shall be done via PayPal & Stripe – credit cards – VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.
You can access the site either as a guest or by registering an account with us. If you use the paid feature you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless THEATER.ACADEMY, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “THEATER.ACADEMY Parties”), from and against all actual or alleged THEATER.ACADEMY Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify THEATER.ACADEMY of any third-party Claims and cooperate with the THEATER.ACADEMY Parties in defending such Claims. You further agree that the THEATER.ACADEMY Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and THEATER.ACADEMY.
12. PROHIBITED USES
You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Download, copy, video shoot and/or reproduce any of our contents without the express permission of THEATER.ACADEMY.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, discriminate or harm another person.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use content without proper attribution
- Use content in a fashion that does not comply with the content’s specific licensing.
13. OBLIGATIONS AS A USER OF THE PLATFORM
When using the Online Educational Platform, you have the following responsibility as a user:
- You agree and acknowledge that you and not THEATER.ACADEMY shall be solely responsible for scheduling the time to meet your coach upon the purchase of such service on the site. You further acknowledge that payment for such services is payable in advance without refund even if the meeting scheduled doesn’t take place, therefore, you are advised to schedule your meetings with the coach at a time convenient for you.
- Upon purchase of our services, THEATER.ACADEMY grants you a license to use the educational contents provided on the platform. This grant of license is personal to your use and it is not transferable to any third-party. You therefore agree and acknowledge that such grant of license does not in any way transfer to you the right of ownership of such contents. You must not copy/download, reverse engineer, remodify the educational materials in whole or in part without the express permission of THEATER.ACADEMY.
- Your streaming of our video content is strictly for personal use based on the license granted to you under these terms. Any other use, such as streaming our content publicly (for profit or non-profit purposes), or in academic/ educational context, is prohibited. For such public use, customers need to purchase a public streaming license, which would be on a yearly-subscription basis.
All Transactions made on the site are complete and final, however, we will offer you a refund exercised at our own discretion under the following terms:
- For our educational content: for individual customers only (i.e. not institutions) we offer 14 days risk-free purchase, and a full refund if customers are not satisfied with their purchase.
- For coaching services: customers can get a full refund after their first meeting with a coach. However, if your coaching service package includes more than one meeting, and you haven’t claimed a refund after your first meeting, your purchase shall not be eligible for a refund.
15. NO GUARANTEES/ SERVICE DISCLAIMERS
We are providing you with materials to help you learn and achieve your acting goals. Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for everyone. Everyone’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
Furthermore, we will not be liable to you as:
- The opinions of the lecturers are completely their own, and THEATER.ACADEMY shall not be responsible for any claim made against these opinions.
- Coaching services: we do not guarantee or promise the realization of the goal for which customers purchased the coaching service (for example: passing an audition, getting into a BFA/MFA program in theater, etc.)
Your access to and use of the services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (THEATER.ACADEMY ENTITIES are THEATER.ACADEMY founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
THEATER.ACADEMY make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from THEATER.ACADEMY or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the THEATER.ACADEMY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by THEATER.ACADEMY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEATER.ACADEMY 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THEATER.ACADEMY EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THEATER.ACADEMY HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
If THEATER.ACADEMY decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
18. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of the website is hereby governed by and constructed and enforced in accordance with the laws of Wyoming. The competent courts in Wyoming shall have the exclusive jurisdiction to resolve any dispute between you and THEATER.ACADEMY.