If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Skillademia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by Skillademia, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.
Additionally, you agree not to:
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Skillademia will have no liability or responsibility with respect thereto. Skillademia reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Skillademia respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy toward copyright infringement related to the Services in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe in good faith the Site is hosting content that infringes your copyright, please let us know by submitting a notice to our Copyright Agent via email at email@example.com). Your notice must contain ALL of the following:
Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. You may also wish to consult publicly available reference materials such as those found at the U.S. Skillademia will respond to valid DMCA requests in an expeditious manner. In all cases, if you do not hear from us within 14 days of submitting a complaint, please contact us and we will respond as soon as possible. After removing access to the material pursuant to a valid DMCA notice, Skillademia will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Skillademia reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications. If you believe access to your content was disabled or removed by Skillademia as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information above) a written counter‐notice that contains all of the following:
Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. Upon receipt of a valid counter-notification, Skillademia will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Skillademia does not receive any such notification within ten (10) days, we may restore the material to the Services.
Skillademia has the right to:
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. Skillademia has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Skillademia, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Skillademia. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and Skillademia shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Skillademia is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, Skillademia is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. Skillademia enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Skillademia reserves the right to remove any link made available by third parties in the Services.
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you are not a person or entity who is named on any U.S. government specially designated national or denied-party list. If you become subject to such a restriction, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no liability to you.
Skillademia offers online courses and other Services (such as subscriptions plans) for a fee. You agree to pay the fees for content that you purchase, and you authorize Skillademia to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by Skillademia and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment. Fees may vary based on your location and other factors. If you are logged into your account, the currency you will see is based on your location when you created your account. However, the final fees charged to you will always be calculated in US dollars; therefore the final fees charged to you may vary depending on prevailing currency exchange rates offered by our payment providers. We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content. You shall provide Skillademia information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that Skillademia may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method. Skillademia reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change). Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on Skillademia’s website may not be the same as the price offered on our mobile applications. Additional terms for our subscriptions plans are set forth in Section 13.
This section covers additional terms that apply to your use of any subscription plan that Skillademia may offer with respect to our Services (including Skillademia PLUS). By using a subscription plan, you agree to the additional terms in this section.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Skillademia, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL Skillademia’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Skillademia IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
This Agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of Lithuania. In any dispute, action or proceeding arising from or relating to the Guarantee or the use of any product or service provided by Skillademia, the Parties agree that the jurisdiction and venue shall be exclusively in the competent court of the Republic of Lithuania. By using the Services, you hereby consent to the jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts on any grounds, including but not limited to the convenience of the forum.
We encourage you to first contact us directly at firstname.lastname@example.org to try to resolve any dispute or claim informally. We will make our best efforts to address and resolve the issue in a fair and timely manner. If a dispute or claim arises that cannot be resolved informally, you and Skillademia agree to resolve the dispute or claim through binding arbitration. Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the Lithuanian Arbitration Association. You and Skillademia agree that any dispute resolution proceedings will be conducted on an individual basis only. You hereby waive the right to participate in any class, collective, or representative actions or proceedings. Notwithstanding the above, either party may bring an individual action in small claims court if the claim is within the jurisdiction of such court and is not part of a representative action or proceeding. The arbitrator's decision will be final and binding on both parties. The judgment on the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to us through our contact page or to email@example.com.