Terms of Service for Adam Learns and The AcAdamy

Last update: March 29, 2020 (version history)

Adam Learns and The AcAdamy ("the site" or "the sites") are owned by Xtonomous LLC ("XTONOMOUS", "we", "us", "our") and operated by XTONOMOUS and its affiliates. We may be contacted via email at adam@adamlearns.live.

Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and XTONOMOUS. If you do not agree to all the terms and conditions, you must not use our Services (including logging into, accessing, downloading, or interacting with the Services).

Definitions

  • Account: any account provided by XTONOMOUS that you create to access certain Services.
  • Privacy Policy: the XTONOMOUS privacy policy.
  • Service or Services: any app, site, and other related services by XTONOMOUS and its affiliates.
  • User: any individual not affiliated with XTONOMOUS who accesses the Services.
  • User Content or User-generated Content: any content created by Users.
  • Lesson, Course, or Module: any content, code, or other resources made available for perusal to Users.
  • Terms of Service or Terms: these terms of service.

Modifications

We may make changes to this document at any time. The (version history) contains a record of all past Terms. Your continued access to the Services constitutes your agreement to any and all changes to this document.

Ownership and License

Ownership: All rights, title, and interest in and to the Services (including but not limited to code and content) are owned or licensed by XTONOMOUS. XTONOMOUS reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its sites and the Service.

License: subject to your agreement and continuing compliance with these Terms of Service and any other relevant XTONOMOUS policies, XTONOMOUS grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes.

Certain Modules may come with additional licenses. For example, code distributed through Git may contain a LICENSE file. Your usage of such Module content is governed by the Terms listed here along with these additional licenses.

License Limitations: using the Services in violation of these License Limitations is strictly prohibited and may result in the revocation of your limited license. You acknowledge that you will not directly or indirectly:

  1. Partake in any activity or action that XTONOMOUS deems to be against the spirit or intent of the Services.
  2. Copy, distribute or reproduce any Service or related content.
  3. Attempt to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person, group, or XTONOMOUS itself.
  4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
  5. Make available through the Service any material or information that infringes any copyright, trademark, patent, or other right of any person or entity including without limitation an XTONOMOUS employee.
  6. Impersonate any other person.
  7. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.

XTONOMOUS reserves the right to stop providing access to the Services at any time and for any reason, permanently or temporarily, at which point any license granted to you will be automatically terminated or suspended. Unless required by law, XTONOMOUS will not provide any refund or compensation to any user in connection with such termination or suspension.

Account deletion: when an Account is deleted, you will also lose access to any content that you've purchased. Should you ever make another Account with XTONOMOUS, these purchases cannot be automatically restored. You can delete your Account through the site itself.

Purchases: for refund requests, please contact support with your invoice and country of purchase. We will try to handle requests in a timely manner (typically within 30 days).

Changes to prices: prices may change at any time. If a course's price changes, e.g. due to a sale, the sale will not be retroactively applied to your purchases.

Changes to courses: course content may change at any time, e.g. adding or removing videos.

User-generated Content

XTONOMOUS assumes no responsibility for User-generated Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. User Content includes but is not limited to comments, reviews, or publicly visible Account information. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.

When you transmit or upload User Content, you agree to abide by the following rules:

  1. All content will be free of any infringing material.
  2. All content will not be in violation of any law, contractual restrictions, or other parties' rights.
  3. All content will be free of viruses, adware, or other malicious code.
  4. All content must be family-friendly. Forbidden User Content includes but is not limited to anything obscene or sexually explicit.

You hereby grant XTONOMOUS a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to use, adapt, sublicense, commercialize, or create derivative works from your User Content, including marketing and promotions of the Service. Except as prohibited by law, you waive any rights of attribution you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. XTONOMOUS does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.

Account Access

You must be at least 13 years of age to agree to these terms of service and access the Services. If you are under 13 years of age, you are not permitted to access the Services. If you are a minor, you are required to obtain the consent of a parent or legal guardian in order to be permitted to access the Services. Your guardian for all of the provisions they have agreed to on your behalf.

If you disagree with any Terms, you must immediately stop accessing the Services.

Each Account may be used by only one person. Sharing Account access with others, e.g. to bypass payment, is strictly forbidden.

Service and Availability

We reserve the right to grant or refuse access to the service for any reason and at any time. We reserve the right to disable or suspend the Services, or any part thereof, at any time and for any reason. We reserve the right to make modifications to the Services and to this document or any other policy, and your continued access to the Services consitutes your agreement to any modifications.

Warranties and Limitations

In agreeing to the Terms set forth in this document, you acknowledge that XTONOMOUS and its affiliates are not liable:

  • For any damages, direct or indirect, caused by or arising out of access to the Services.
  • For the conduct of any third parties (including Users) of the Services.

Indemnity

You agree to defend, indemnify, and hold harmless XTONOMOUS, its affiliates, officers, employees, and agents, with respect to any claims, liabilities, damages, or losses that arise from, directly or indirectly, any of the following:

  • Your failure to comply with the terms of service set forth in this document.
  • Your access to and use of the Services.
  • Your uploading, sending, or entering into the Services any user generated content.

You agree that XTONOMOUS is under no obligation to defend, indemnify, or hold harmless you in any way related to the Services, your access or use of the Services, or this document.

General provisions

  1. It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that XTONOMOUS may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
  2. Neither Adam Learns nor The AcAdamy is an accredited learning institution.
  3. Force Majeure: both you and XTONOMOUS shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, or any causes of like or different kind beyond the control of you or XTONOMOUS, as applicable under the circumstances.
  4. No Waiver: if we do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
  5. Waiver: signed written consent from a legally authorized representative of XTONOMOUS is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
  6. Governing Law and Venue: this agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Washington, or, as appropriate, by federal law as applied by a federal court sitting in Washington, both without regard to Florida choice-of-law rules.
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