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Last Updated: June 15, 2024
Welcome, and thank you for your interest in Media Arts Academy, Inc. (also “Media Arts Academy”, “we”, or “us”). These Terms of Service apply to our website at www.mediaartsacademy.org, along with our related websites, (collectively, the “Media Arts Academy Site”), and other services provided by us (collectively with the Media Arts Academy Site, the “Service”). These Terms of Service are a legally binding contract between you and Media Arts Academy regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CREATING A MEDIA ARTS ACADEMY SITE ACCOUNT (“ACCOUNT”) OR DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY FOR THE SERVICE (THE “PRIVACY POLICY”) AND OTHER POLICIES AND ADDITIONAL TERMS WE REFERENCE BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE (AS OUTLINED IN THESE TERMS), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MEDIA ARTS ACADEMY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AND BETWEEN MEDIA ARTS ACADEMY AND YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes as described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MEDIA ARTS ACADEMY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Media Arts Academy Service Overview.
1.1
Media Arts Academy is a mission-driven online course provider. Through the Service, you may:
2. Eligibility.
You must be at least 9 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 9 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration.
To access most features of the Service, you must register for an Account. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, date of birth, country or region of residence, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your Account and password, which includes not sharing your password or letting anyone else access or compromise your Account and restricting access to the Service from your compatible mobile device(s) and computer(s). You accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at [email protected].
4.
General Payment Terms. Certain features of the Service may require you to pay fees. You are responsible for paying all fees charged by or for Media Arts Academy and applicable taxes in a timely manner with a payment mechanism associated with the applicable product or service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged and, as applicable, any other terms and conditions associated with your purchase (e.g., expiration dates for course entitlements). Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as provided in our Refund Policy or as required by law.
4.1
Price. Media Arts Academy reserves the right to determine pricing for the Service. Media Arts Academy will make reasonable efforts to keep pricing information published on the Service up to date. Media Arts Academy may change the fees for any feature of the Service, including additional fees or charges, if Media Arts Academy gives you advance notice of changes before they apply. Media Arts Academy, at its sole discretion, may make promotional offers with different features and different pricing available to any of Media Arts Academy’s business partners or customers. These promotional offers, unless made to you, will not apply to you, and we reserve the right to revoke a promotional offer in the event that we determine you are not eligible. Unless otherwise indicated, the fees charged by Media Arts Academy or any of its third-party payment processors for the Service are inclusive of all value added taxes, goods and services taxes, duties, levies, or charges, as determined and applicable based on the tax laws in your country.
4.2
Authorization. You authorize Media Arts Academy to charge all sums for any purchases you make within the Service as described in these Terms or otherwise published by Media Arts Academy, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, then Media Arts Academy may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3
Delinquent Accounts.
5. Feedback.
We respect and appreciate feedback from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Media Arts Academy an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights.
6.1
The Service is owned and operated by Media Arts Academy, Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Media Arts Academy (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Media Arts Academy or their third-party licensors (including, as applicable, Members). Except as expressly authorized by Media Arts Academy (including as set forth in Section 6 (Licenses) of these Terms) or directly by the applicable copyright holder, you may not make use of the Materials. There are no implied licenses in these Terms and Media Arts Academy reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms.
7.1
Third-Party Services and Linked Websites.
7.2
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content.
8.1
User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video, or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2
Limited License Grant to Media Arts Academy and Members. By Posting User Content to or via the Service, you grant Media Arts Academy and, with respect to each Offering, the relevant Member(s), a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Media Arts Academy’s exercise of the license set forth in this Section 9.2 (Limited License Grant to Media Arts Academy and Members).
8.3
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to Media Arts Academy. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Media Arts Academy. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Media Arts Academy the licenses in these Terms to such work(s). If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service complies with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service.
8.4
You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Media Arts Academy disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
8.5
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Media Arts Academy may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and you acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Media Arts Academy with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Media Arts Academy does not permit infringing activities on the Service.
8.6
Monitoring Content. Media Arts Academy does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Media Arts Academy reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Media Arts Academy chooses to monitor the content, then Media Arts Academy still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with the Privacy Policy. Media Arts Academy may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9. Communications.
9.1
Push Notifications. When you use the Service and social community, you agree (or may be asked to agree) to receive push notifications, which are messages an app sends you on your mobile device when you are not using the Service. You can turn off notifications by visiting your mobile device’s “settings” page.
9.2
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
11. Intellectual Property Rights Protection.
11.1
Respect of Third-Party Rights. Media Arts Academy respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Media Arts Academy, Inc.
Attn: Media Arts Academy Legal Department
645 SW Andros Circle
Port Saint Lucie, FL 34986
Email: [email protected]
11.3
Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
Your Notification of Claimed Infringement may be shared by Media Arts Academy with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Media Arts Academy making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4
Repeat Infringers. Media Arts Academy’s policy is to: (a) remove or disable access to material that Media Arts Academy believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the Account of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Media Arts Academy will terminate the Account of any user that is determined by Media Arts Academy to be repeat infringers. Media Arts Academy reserves the right, however, to suspend or terminate Accounts of users in our sole discretion.
11.5
Counter Notification. If you receive a notification from Media Arts Academy that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Media Arts Academy with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Media Arts Academy’s Designated Agent through one of the methods identified in Section 12.2 (DMCA Notification), and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Media Arts Academy in response to a Notification of Claimed Infringement, then Media Arts Academy will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Media Arts Academy will replace the removed User Content or cease disabling access to it in 10 business days, and Media Arts Academy will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Media Arts Academy’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Media Arts Academy’s system or network.
11.7
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (a) that material or activity is infringing, or (b) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Media Arts Academy relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Media Arts Academy reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should request deletion of your Account and related personal information by clicking the button labeled “Delete my account” in your Account settings and discontinue your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service.
13.1
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2 (Termination).
13.2
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Media Arts Academy may, at its sole discretion, terminate these Terms and/or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by requesting deletion of your Account by clicking the button labeled “Delete my account” in your Account settings and discontinuing your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. For more info contact us at [email protected].
13.3
Effect of Termination. Upon termination of these Terms: (a) your license and all corresponding rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay Media Arts Academy any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 9 (User Content), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by Media Arts Academy), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service because you may lose access rights to any User Content you Posted to the Service upon termination of your Account. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account using a different name, email address or other forms of Account verification.
13.4
Modification of the Service. Media Arts Academy and the Media Arts Academy Participants (as defined below) reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Media Arts Academy will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. “Media Arts Academy Participants” means the third parties providing Offerings or other products or services through the Service, including the course instructors, and their staff.
14. Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Media Arts Academy, its affiliates, the Media Arts Academy Participants and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Media Arts Academy Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15.
Disclaimers; No Warranties by Media Arts Academy.
15.1
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MEDIA ARTS ACADEMY, THE MEDIA ARTS ACADEMY PARTICIPANTS, AND THE OTHER ENTITIES PROVIDING OFFERINGS VIEWABLE ON THE MEDIA ARTS ACADEMY SITE BUT NOT OFFERED THROUGH THE SERVICE (THE “OTHER PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MEDIA ARTS ACADEMY, THE MEDIA ARTS ACADEMY PARTICIPANTS, AND THE OTHER PROVIDERS DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MEDIA ARTS ACADEMY, THE MEDIA ARTS ACADEMY PARTICIPANTS, AND THE OTHER PROVIDERS DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. COURSE CONTENT MAY CHANGE AND COURSES MAY NOT REMAIN AVAILABLE.
15.2
No Other Enrollment. Except as described in Section 4 (Degree Offerings) above, nothing in these Terms or otherwise with respect to your participation in any Offering from a Member through the Service results in you being: (a) an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of such Member; and (b) entitled to use any of the resources of such Member beyond the Offerings provided via the Service or eligible to receive student privileges or benefits provided to students enrolled in degree or other credit- or credential-bearing programs of the Member.
15.3
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, MEDIA ARTS ACADEMY ENTITIES, OR OTHER PROVIDERS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MEDIA ARTS ACADEMY ENTITIES, OTHER PROVIDERS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE (AND ANY PORTION(S) THEREOF) AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.4
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY MEDIA ARTS ACADEMY) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Media Arts Academy does not disclaim any warranty or other right that Media Arts Academy is prohibited from disclaiming under applicable law.
16. Limitation of Liability.
16.1
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MEDIA ARTS ACADEMY ENTITIES OR OTHER PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEDIA ARTS ACADEMY ENTITY OR ANY OTHER PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2
EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MEDIA ARTS ACADEMY ENTITIES AND THE OTHER PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MEDIA ARTS ACADEMY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.
16.3
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration.
17.1
Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Media Arts Academy agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MEDIA ARTS ACADEMY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2
Exceptions. Although we are agreeing to arbitrate most disputes between you and us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Media Arts Academy, Inc., Attention: Legal Department – Arbitration Opt-Out, 645 SW Andros Circle, Port Saint Lucie, FL 34986 that specifies: your full legal name, the email address associated with your Account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Media Arts Academy receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4
Arbitrator. This arbitration agreement, and any arbitration between you and us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Media Arts Academy.
17.5
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Media Arts Academy’s address for Notice is: Media Arts Academy, Inc., Attention: Media Arts Academy Legal Department, 645 SW Andros Circle, Port Saint Lucie, FL 34986. The Notice of Arbitration must: (a) identify the name and email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Media Arts Academy may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Media Arts Academy will reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000 or if your claim is considered part of a multiple consumer case filing as determined by the AAA, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to the AAA.
17.6
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Media Arts Academy must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7
Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Media Arts Academy before an arbitrator was selected, Media Arts Academy will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US $10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8
No Class Actions. YOU AND MEDIA ARTS ACADEMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Media Arts Academy agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
17.9
Modification to this Arbitration Provision. If Media Arts Academy makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Media Arts Academy’s address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
17.10
Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Media Arts Academy receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.
17.11
Consumer Protection. You may have rights under applicable consumer protection laws that cannot be excluded, restricted, or modified by these Terms. Nothing in these Terms is intended to supersede your statutory rights as a consumer.
18. Miscellaneous.
18.1
General Terms. These Terms, including the Privacy Policy and Honor Code (as defined below) and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Media Arts Academy regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2
Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Media Arts Academy submit to the personal and exclusive jurisdiction of the state courts and federal courts located within St. Lucie County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3
Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the Media Arts Academy Site or by otherwise notifying you. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4
Honor Code. Please read the Honor Code (the “Honor Code”) carefully for our policies regarding academic integrity and academic misconduct. The Honor Code is incorporated by this reference into, and made a part of, these Terms.
18.5
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.6
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in Section 10 (Communications) and the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.7
Contact Information. The Service is offered by Media Arts Academy, Inc., located at 645 SW Andros Circle, Port Saint Lucie, FL 34986. You may contact us by sending correspondence to that address or by emailing us at [email protected].
18.8
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.9
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.10
International Use. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
18.11
Sanctions. You hereby represent and warrant that you are not: (a) currently the subject or target of any U.S. sanctions or included on any government’s sanctions list(s); or (b) prohibited from accessing or paying for the Service due to U.S. sanctions laws or regulations applicable to your location or country of residence.
Refund Policy
Last Updated: June 15, 2024
Purchases through the Service may be eligible for a refund for a period of time. The general refund policies for some Offering types are described below; provided, however, that certain Offerings may have different refund policies that apply (e.g., no refunds permitted), which will be presented to you at the point of purchase. Refunds will be credited to the payment account used for the purchase and may take up to two billing cycles to process. For clarity, to the extent you have access to any Offering through a Media Arts Academy for Business arrangement whereby payment for the Offering is made on your behalf through the entity sponsoring your access, such access is not subject to this Refund Policy and is instead governed by the agreement between Media Arts Academy and the purchasing organization.
Notwithstanding anything to the contrary below, please note that we have no obligation to offer you a refund after you earn a Certificate for an Offering or if you complete a Course but are unsatisfied with your final grade, in each case, regardless of whether your refund request was received during the applicable refund period. Please also be aware that we treat violations of our Terms of Service and Honor Code very seriously, and we reserve the right to refuse your refund request if we terminate your access to the Service (or any portion(s) thereof) for violation of our Terms or any of our policies, even if your request is made in accordance with the applicable refund policy for the Offering.
If the applicable refund period for a purchase has passed or refunds are otherwise not available for an Offering and you believe a refund is warranted (e.g., as required under local law), please submit a support ticket via the Contact us form.
For more information about our refund process, please visit the Media Arts Academy Help Center.
1. One-time Purchases
Please email [email protected] to request a refund. For more information about refunds, please visit the Media Arts Academy Help Center.
For more information about refund options for one-time purchases (for example, changing to another course session), please visit the Media Arts Academy Help Center.
2. Other Products and Services
Except as described in this Refund Policy or as explicitly stated at the point of purchase, Media Arts Academy has no obligation to provide refunds, vouchers, or entitlements for any other product or service through the Service.
Honor Code
Effective Date: June 15, 2024
Collaboration Policy
By enrolling in a course on Media Arts Academy, you are joining a special worldwide community of learners. The aspiration of Media Arts Academy is to provide anyone with an internet connection access to courses from the best universities and institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help Media Arts Academy achieve this goal. Media Arts Academy depends upon your motivation to learn the material and to do so with honesty and academic integrity. To participate in Media Arts Academy, you must agree to the Honor Code below and any additional terms specific to a course or program. This Honor Code, and any additional terms, will be posted on each course website.
Honor Code Pledge
By enrolling in a Media Arts Academy course or program, I agree that I will:
Violations
If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:
No refunds will be issued in the case of any corrective action for such violations.
Honor Code violations will be determined at the sole discretion of Media Arts Academy Members. You will be notified if a determination has been made that you have violated this Honor Code and you will be informed of the corresponding action to be taken as a result of the violation.
Changing the Honor Code
Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Media Arts Academy Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.
Last updated June 15, 2024
Media Arts Academy Cookie Policy
Media Arts Academy, Inc. (also “Media Arts Academy,” “we,” or “us” in this Privacy Policy) cares about the confidentiality and security of your information. Media Arts Academy operates the Media Arts Academy Site, which consists of content and pages located within the Media Arts Academy.org web domain.
The Media Arts Academy Site allows you to:
Some courses available on the Media Arts Academy Site may be offered by our Members. This term refers to educational institutions or other leading global entities that create courses and/or programs using tools provided by Media Arts Academy and offer those courses directly to you through the Media Arts Academy Site.
This Privacy Policy describes how Media Arts Academy collects, uses, and shares your Personal Information when you interact with the Media Arts Academy Site or when someone interacts with the site on your behalf. The term “Personal Information” (as used throughout this Privacy Policy) is information that relates to an individual who can be directly or indirectly identified.
This Privacy Policy also describes how Media Arts Academy uses your Personal Information when you interact with Media Arts Academy on certain other sites (e.g., on social media sites).
If you do not agree with the terms of this Privacy Policy, please do not access, browse, or create an account on the Media Arts Academy Site, enroll in any courses, or complete any form requesting additional information about offerings on the Media Arts Academy Site. Any version of this Privacy Policy in a language other than English is provided for convenience, and the English language version is the authoritative version if there is any conflict.
I. CONTENTS OF THIS PRIVACY POLICY
II. INFORMATION MEDIA ARTS ACADEMY COLLECTS FROM AND ABOUT YOU (INCLUDING PERSONAL INFORMATION)
A. Browsing the Media Arts Academy Site and courses, creating a Media Arts Academy account, signing up to receive more information about courses, and communicating with Media Arts Academy
Media Arts Academy collects information from you when you create a Media Arts Academy account and/or sign up to receive more information about courses offered on the Media Arts Academy Site. For example, we require your name, username, and email address. (You can voluntarily choose to share additional information in your profile, but this is not required.) We also require your contact details when you sign up to receive more information about courses, otherwise we cannot send you this information, and we collect information from you when you send messages to us (whether on the Media Arts Academy Site or on other platforms, e.g., social media sites). You may unsubscribe from Media Arts Academy promotional emails at any time by clicking “unsubscribe” on the emails you receive from us.
Media Arts Academy also automatically collects information about your visit to the Media Arts Academy Site when you browse courses on the Media Arts Academy Site, as explained in our Cookie Policy.
Some courses or programs are viewable on the Media Arts Academy Site but are offered in partnership with other providers. When you sign up to receive more information about these courses or programs, you supply your Personal Information directly to that provider or otherwise direct Media Arts Academy to share your information with that provider. In those cases, the privacy policies explaining the Personal Information that the provider collects, and how the provider uses it, will be made available to you when you sign up. If you later choose to unsubscribe from receiving promotional messages about these courses or programs, you must do so directly with the course provider by clicking “unsubscribe” on the email you receive from that provider. Providers of other courses or programs for which you have signed up to receive information will continue to send you communications unless and until you unsubscribe directly with that provider.
B. Enrolling in courses
Media Arts Academy collects information from you when you enroll in courses on the Media Arts Academy Site. For example, if you enroll in any course on the Media Arts Academy Site that requires payment to access the course and/or be eligible for a Certificate of Completion, we require Personal Information to enable you to pay for that course, so that our third-party vendor can process payment. A Certificate of Completion (“Certificate”) is a virtual certificate that shows that you have successfully completed your Media Arts Academy course or program or other product or service.
Note that Media Arts Academy does not itself collect or store financial account numbers or identification issued by a governmental entity, employer, or other authority. Instead, if you choose to make a purchase on the Media Arts Academy Site, you will be directed to Media Arts Academy’s third-party payment processor. If you do not wish to submit the required payment information, then you will not be able to move forward with your purchase.
Media Arts Academy also automatically collects information about your visit to the Media Arts Academy Site when you enroll in courses on the Media Arts Academy Site, as explained in the Cookie Policy.
When you enroll in a course on the Media Arts Academy Site, the Member that offers the course will receive Personal Information from your Media Arts Academy account profile.
As set out above, enrollment for some courses and programs viewable on the Media Arts Academy Site takes place on other sites. In those cases, this Privacy Policy does not apply. The course or program provider’s privacy policy will be made available to you when you begin the enrollment or application process.
C. Participating in courses
Media Arts Academy collects information from you when you participate in courses offered on the Media Arts Academy Site. For example, we collect the information that you submit as part of your participation in the course, that you include in messages to Media Arts Academy, that you provide in user surveys, or that you provide on public forums, webinars and other interactive experiences on the Media Arts Academy Site. We also require Personal Information when you earn a Certificate (the certificate will have your name on it).
Media Arts Academy also collects usage information about your participation in courses, as explained in the Cookie Policy.
When you participate in a course, the Member that offers the course will receive Personal Information about your activity and performance in the course.
As set out above, participation for some courses and programs viewable on the Media Arts Academy Site takes place on other sites. In those cases, this Privacy Policy does not apply. The course or program provider’s privacy policy will be made available to you when you begin your participation in the course or program.
D. Information Collected from Other Sources
Where permitted by law, we collect or receive information about you from Members or third parties to which you indicate that you would like to learn more about a course or program offered on the Media Arts Academy Site, organizations that are our partners, companies to which you’ve provided your information for professional or continuing education opportunities (collectively “Other Sources”) in order to update or supplement the information that you provide or that we collect automatically when you visit the Media Arts Academy Site. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services or other offers that may be of interest to you, and for internal business analysis or other business purposes. We collect Personal Information from Other Sources with your consent where such consent is required or, otherwise, for the purposes of our legitimate interests, as further described below in How Media Arts Academy uses your Personal Information.
E. Children’s Information
We do not direct the Media Arts Academy Site to, nor do we knowingly collect any Personal Information via the Media Arts Academy Site from, children under the age of 9. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, you may notify us at [email protected].
III. HOW MEDIA ARTS ACADEMY USES YOUR PERSONAL INFORMATION
Media Arts Academy uses information, including Personal Information, to carry out the following purposes:
Media Arts Academy may also seek your consent for additional uses of information, including Personal Information, and in such cases will use your Personal Information only for the purpose described to you. All use of Personal Information is subject to applicable law.
IV. HOW MEDIA ARTS ACADEMY SHARES YOUR PERSONAL INFORMATION
Media Arts Academy shares the information we collect about you, including Personal Information, with other entities or individuals in the following circumstances:
Media Arts Academy may also seek your consent for additional disclosures of information, including Personal Information, and will share it only as described to you or as described in this Privacy Policy. In addition, Media Arts Academy may de-identify or aggregate your Personal Information and share it with the public and with third parties, including, but not limited to, researchers and business partners.
We may transfer Personal Information from your location to other countries, including Australia, Canada, the European Economic Area, Mexico, South Africa, the United Kingdom, and the United States, where our employees and/or servers are located. Where your Personal Information is transferred outside of the country where you are located, such information is adequately protected by an adequacy decision by EU authorities, Standard Contractual Clauses, or a service provider’s Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request to [email protected].
V. HOW MEMBERS COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION
Members receive your Personal Information after you enroll in a course or program offered by that Member or otherwise with your express consent. If you enroll in a course, the Member that offers that course will receive Personal Information from your Media Arts Academy account profile. During your participation in a course, the Member that offers that course will receive the information that Media Arts Academy collects about your activity and performance in that course.
Members use your Personal Information for the following purposes:
Members share your Personal Information in the following ways:
Members may also seek your consent for additional use or sharing of information, including Personal Information, and will use/share it only for the purpose described to you. All use and sharing of Personal Information is subject to applicable law. Members may de-identify or aggregate your Personal Information and share it with the public and with third parties, including but not limited to researchers and business partners.
VI. HOW TO MANAGE YOUR PERSONAL INFORMATION
You can manage your Personal Information through learner features on the Media Arts Academy Site and requests to the Media Arts Academy learner support team. If your request involves information controlled by a Member, Media Arts Academy will, as applicable, notify the appropriate Member to address your request. Media Arts Academy will provide support to the extent required by applicable law (e.g., for learners in the European Union, United Kingdom, South Africa, Brazil, the People’s Republic of China, California, Virginia, Colorado, Connecticut and other locations) and more broadly when possible, as a courtesy in our sole discretion. Media Arts Academy will notify you in the event that Media Arts Academy is unable to meet a request that is not legally required. Similarly, Members will only be obligated to comply with requests to the extent legally required but may choose to comply with other requests in their sole discretion. If you believe your rights regarding your Personal Information have been infringed upon, please contact us at [email protected]. Individuals with unresolved concerns may have the right to lodge a complaint with their applicable data protection authority.
If you have requested information about and/or enrolled in courses or programs offered on third-party sites or by providers that are not Members, the privacy policies relevant to those courses or programs describe how to exercise your rights over your Personal Information.
A. Access and correct your Personal Information
Much of your Personal Information is available in your Media Arts Academy account. Your name, email address, and other identifiable profile information is editable through your Media Arts Academy Account Settings except as noted below. Your account dashboard lists all current and archived courses in which you have enrolled and includes links to any Certificates you may have earned. You may download copies of your earned Certificates directly from your Media Arts Academy account. Please contact Media Arts Academy learner support to request any corrections to your Personal Information.
Please note that usernames cannot be changed. This is a Media Arts Academy system restriction. Because usernames identify you in courses and elsewhere on the Media Arts Academy Site, Media Arts Academy encourages you to use discretion in choosing your username. If you want to protect your identity, do not use your real name or a name identifiable to you as your username. Also, Media Arts Academy does not track or index every time or every place on the Media Arts Academy Site when or where a learner may volunteer Personal Information, so neither Media Arts Academy nor Members will be able to help you locate or manage all such instances. Media Arts Academy encourages you to use discretion before volunteering Personal Information on the Media Arts Academy Site.
B. Restrict or object to the processing of Personal Information
If you want to manage emails and other communications Media Arts Academy sends to you, you may update your preferences in your Media Arts Academy account dashboard, follow the steps described in links at the bottom of email messages, or contact Media Arts Academy learner support. If you exercise your right to unsubscribe from promotional emails or other communications from Media Arts Academy, you will continue to receive promotional emails and other communications from providers that you have not yet exercised this right in relation to, unless and until you unsubscribe directly with that provider. To unsubscribe from marketing messages you receive after requesting information about a program or course offered by a non-Member provider, please follow the links at the bottom of those email messages.
You may object to, or request that Media Arts Academy or a Member cease, use of your Personal Information for other purposes by contacting the Media Arts Academy learner support team. Please note that if you choose to restrict Media Arts Academy’s or a Member’s ability to process Personal Information, and the processing is otherwise required to provide you with various services and products offered on the Media Arts Academy Site, you may not be able to establish an Media Arts Academy user account or enroll in a course, and Media Arts Academy or a Member may not be able to provide you with those services or products.
C. Delete account and Personal Information
To request deletion of your Media Arts Academy account and Personal Information, you should click the button labeled “Delete my account” in your Media Arts Academy account settings. Because this is a permanent action and cannot be reversed, Media Arts Academy may ask you to complete an authentication process that aims to confirm your authority to manage the Media Arts Academy account affected by your request.
With respect to your Media Arts Academy account, Media Arts Academy will permanently:
With respect to your Personal Information, Media Arts Academy will permanently remove your Media Arts Academy account profile Personal Information from the Media Arts Academy Site.
As noted above, to the extent that Media Arts Academy associates the information that Media Arts Academy collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your Media Arts Academy account profile. By erasing the Personal Information in your Media Arts Academy account profile, the remaining information about your activity on the Media Arts Academy Site will no longer be associated with you. These changes will be applied to data stores that are used for operation of the Media Arts Academy Site including course administration by Members. If you enrolled in any courses or programs on the Media Arts Academy Site, Media Arts Academy will share your request for deletion with the Member(s) that offered those courses or programs.
We retain some data for a further period for the purposes described in Section VI.D below. We also do not track or index every time or every place on the Media Arts Academy Site when or where a learner may volunteer Personal Information, so neither Media Arts Academy nor Members will be able to help you locate or manage all such instances. Media Arts Academy encourages you to think carefully before voluntarily sharing Personal Information on the Media Arts Academy Site.
D. Data retention
Media Arts Academy will retain your Personal Information for as long as your account is active or as needed to: provide you with services you have requested; maintain a record of your transactions for financial reporting, audit, and compliance purposes; or comply with Media Arts Academy’s legal obligations, resolve disputes, enforce our agreements, and as otherwise permitted by applicable law. If you enroll in a Member’s course, such Member will also retain your Personal Information for as long as needed to provide you with services you have requested; to maintain a record of your transactions for financial reporting, audit, and compliance purposes; and to comply with its legal obligations, resolve disputes, enforce its agreements, and as otherwise permitted by applicable law. Upon your request that Media Arts Academy deactivate your account and delete your information, Media Arts Academy will, within 30 days of your request, follow the process described in Section VI.C above, including, without limitation, archiving your course data (in a manner and to the extent permitted under applicable law) to serve its mission to enable scientific research on cognitive science and education. These archives will be used to produce encrypted research data packages for Members, and each such Member may also keep and use course data for scientific research.
VII. NOTICE FOR CALIFORNIA CONSUMERS
Categories of Personal Information that We Collect and Disclose
As required by the California Consumer Privacy Act (“CCPA”), below are the categories of Personal Information about California consumers that we collect and disclose for a business purpose.
We collect and disclose for a business purpose the following categories of Personal Information:
Categories of Sources of Personal Information
The categories of sources of Personal Information we collect are described in the Information that Media Arts Academy collects from and about you above.
Purposes for Collecting and Disclosing Personal Information
We collect and disclose the Personal Information identified above for the following purposes:
Media Arts Academy may also seek your consent for additional uses of information, including Personal Information.
Categories of Third Parties to Which Personal Information is Disclosed
We disclose the categories of Personal Information identified above to the following categories of third parties:
In some cases, we disclose Identifiers and Usage Data to business partners in order to deliver ads that are more relevant to you and to measure and report on the effectiveness of our advertising campaigns. Under the CCPA, some of these data disclosures may be broadly considered a “sale” of information or “sharing” of information for cross-context behavioral advertising, even though these activities do not fit what most people would understand “sale” or “sharing” to mean. Except for these types of disclosures, we do not sell or share your information. To opt out of the sale of your Personal Information or the sharing of your Personal Information for cross-context behavioral advertising, please visit Your Privacy Choices, also linked at the bottom of each page on the Media Arts Academy Site.
Data Retention Periods
Media Arts Academy will retain your Personal Information for as long as your account is active or as needed to: provide you with services you have requested; maintain a record of your transactions for financial reporting, audit, and compliance purposes; or comply with Media Arts Academy’s legal obligations, resolve disputes, enforce our agreements, and as otherwise permitted by applicable law. Upon your request that Media Arts Academy deactivate your account and delete your information, Media Arts Academy will, within 30 days of your request, follow the process described in Section VI.C above, including, without limitation, archiving your course data (in a manner and to the extent permitted under applicable law) to serve its mission to enable scientific research on cognitive science and education. These archives will be used to produce encrypted research data packages for Members, and each such Member may also keep and use course data for scientific research.
California Consumer Rights
California law gives California consumers the right to make the following requests:
You can submit a copy, deletion, correction or right-to-know request online by following the steps outlined in How to manage your Personal Information above by emailing [email protected]. To opt out of the sale of your Personal Information or the sharing of your Personal Information for cross-context behavioral advertising, please visit Your Privacy Choices, also linked at the bottom of each page on the Media Arts Academy Site.
If you implement browser-based opt-out preference signals, Media Arts Academy will opt you out of the sale of your Personal Information and sharing of your Personal Information for cross-context behavioral advertising. You can enable these signals through your browser settings for browsers that offer them. Please refer to your browser for additional information and instructions.
You may authorize another person (your “authorized agent”) to submit a request on your behalf through the methods described above. Your authorized agent should submit proof that you gave the agent signed permission to submit the request. We may still require you to directly verify your identity and directly confirm that you have provided the authorized agent permission to submit the request.
You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations. We do not discriminate if you exercise your rights under the CCPA. Media Arts Academy does not use or disclose your sensitive Personal Information for purposes other than those set forth in the CCPA.
California’s Shine the Light Law. If you are a California resident and do not want Media Arts Academy to disclose your information to third parties (or Members) for their direct marketing purposes, you may opt out by contacting Media Arts Academy learner support.
VIII. STORAGE & SECURITY
Media Arts Academy stores information, including Personal Information, on its own servers and on servers of companies that Media Arts Academy hires to provide services. Each Member also stores information, including Personal Information, on its own servers and/or on servers of companies that the Member hires to provide services. In each case, information may be stored in the United States and in other countries where Media Arts Academy or a Member operates, and in countries where Media Arts Academy and each Member’s respective service providers operate. If you are in the European Union, Switzerland, or other regions with laws governing data collection and use, you acknowledge that Media Arts Academy and each Member may transfer, process and store your Personal Information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region.
Media Arts Academy controls its own copy of information collected through the Media Arts Academy Site and has an information security program designed to protect information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures. Media Arts Academy uses administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information that it collects, receives, stores, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, Media Arts Academy cannot guarantee its absolute security. While Media Arts Academy works hard to ensure the integrity and security of its network and systems, Media Arts Academy cannot guarantee that its security measures will prevent unauthorized persons from illegally accessing or obtaining information.
If Media Arts Academy learns of a security breach involving its copy of your Personal Information, Media Arts Academy may attempt to notify you electronically so that you may take appropriate protective steps. By using the Media Arts Academy Site or providing Personal Information to Media Arts Academy, you agree that Media Arts Academy can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Media Arts Academy Site. If a security systems breach occurs, Media Arts Academy may post a notice on the Media Arts Academy homepage (www.Media Arts Academy.org) or elsewhere on the Media Arts Academy Site and may send an email to you at the email address associated with your Media Arts Academy account. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.
If a Member learns of a security breach involving that Member’s copy of your Personal Information, the Member may attempt to notify you electronically so that you may take appropriate protective steps. By enrolling in a Member’s course on the Media Arts Academy Site or providing Personal Information to the Member, you agree that the Member can communicate with you electronically regarding security, privacy, and administrative issues relating to your course enrollment and participation. If a security systems breach occurs, the affected Member may post a notice on the Media Arts Academy site and/or send an email to you at the email address associated with your enrollment in the Member’s course on the Media Arts Academy Site. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.
IX. PRIVACY POLICY UPDATES
This Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the Media Arts Academy Site or by otherwise notifying you. The Privacy Policy will include a “Last Updated” date indicating that you should review the new terms, which will be effective immediately upon posting on this page. By accessing the Media Arts Academy Site after any changes have been made, you accept the modified Privacy Policy and any changes contained therein. In case you miss the notification referenced above, be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.
X. CONTACT INFORMATION
If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access, delete or correct the Personal Information that Media Arts Academy maintains about you, please contact us at [email protected]. You may also write to us at: ATTN: PRIVACY, Media Arts Academy, Inc., 645 SW Andros Circle, Port Saint Lucie, FL 34986 USA. If your request involves a Member, Media Arts Academy will, as appropriate, notify the appropriate Member of your request.
Depending on your location, you also may have the right to file a complaint with the data protection regulatory authority in the country where you reside.