Terms of Service
Welcome to www.youthdigital.com, my.youthdigital.com, and other websites owned or controlled by Youth Digital, Inc. (“Youth Digital,” and such websites, collectively, the “Websites”). PLEASE REVIEW THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (OR THE PARENT OR LEGAL GUARDIAN WHOM ACCEPTS THESE TERMS ON YOUR BEHALF, AS THE CASE MAY BE) (“YOU” OR “USER”) AND YOUTH DIGITAL. YOU MUST ACCEPT THESE TERMS IN ORDER TO USE THE WEBSITES, CREATE A USER ACCOUNT WITH YOUTH DIGITAL, AND/OR PURCHASE RIGHTS TO ACCESS AND USE THE COURSES AND THE COURSE MATERIALS (EACH, AS DEFINED BELOW). IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THE WEBSITES, CREATE A USER ACCOUNT, OR PURCHASE AND USE THE COURSES AND/OR THE COURSE MATERIALS.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCEPT THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF EIGHTEEN (18), YOU ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND YOUR CHILD AND, BY SUCH ACCEPTANCE, REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO DO SO ON BEHALF OF SUCH CHILD.
PURCHASES
Fees for purchases through any of the Websites must be paid in United States dollars. You agree that any purchase made by or on your behalf was made by an adult (at least eighteen (18) years of age or older). In connection with your purchase of rights to access and use a Course and the associated Course Materials, you are entitled to receive a full refund of any payment made for a period of thirty (30) days after your date of purchase; provided you have not accessed more than the first four (4) complete modules of such Course.
Further, upon your purchase of a Course, whether from Youth Digital or one of its authorized resellers, you have thirty (30) days to activate the Course in a student account and initiate the enrollment period ("Enroll"), unless you purchased the Course from an authorized reseller and terms in Youth Digital's agreement with such reseller provide for a longer period of time in which to Enroll. Notwithstanding the foregoing, if you purchased a Course prior to January 1, 2018, you have until March 1, 2018 to Enroll (subject to any applicable terms of Youth Digital's agreement with an authorized reseller).
If you do not Enroll within the applicable period of time (the “Applicable Period”), the enrollment period for the Course will be reduced by one (1) day for each day beyond the expiration of the Applicable Period that you fail to Enroll, without penalty or liability to Youth Digital and without refund of any portion of your payment therefor. For the purpose of avoiding doubt, the foregoing reduction may result in the elimination of the entire enrollment period if you fail to Enroll by the date on which the enrollment period would expire if you had Enrolled on the last day of the Applicable Period, in which case you will not be able to access or use the Course and Course Materials.
THE COURSES
Subject to these Terms, Youth Digital hereby grants you the limited, revocable, non-exclusive, personal, non-transferable, non-commercial and non-assignable rights to access and use through one CPU (except as otherwise may permitted by Youth Digital in writing) each educational and/or instructional course developed by Youth Digital (each, a “Course”) and the Course Materials associated therewith that you purchase and access through your Account (as defined below). The rights granted herein survive until the completion date of such Course as determined by Youth Digital, which in no case will be more than twelve (12) months after the date of purchase. Each Course is taught in accordance with the Course Materials and using the Third Party Software (as defined below). You understand and acknowledge you are not purchasing from Youth Digital the Third Party Software, which is available to you free of charge. You only purchase from Youth Digital the rights to access and use the Courses and the Course Materials, as described herein, and the support and instruction appurtenant thereto.
The terms and conditions governing the installation and use of the Third Party Software are set forth in that certain end user license agreement posted at www.youthdigital.com/eula.html, to which license agreement (the “EULA”) you expressly agree by your acceptance of these Terms.
If you purchase any of the following courses: “Mod Design 1”, “Mod Design 1: Dimensions”, or “Server Design 1”, you represent and warrant to Youth Digital you purchased from an authorized third party unaffiliated with Youth Digital a genuine version of Minecraft® for PC/Mac (https://minecraft.net/en/store/minecraft/). You understand and acknowledge such Courses are not official Minecraft® products. Accordingly, they are not approved by, or associated with, Mojang®. Your use of Minecraft® is solely at your own risk, and Youth Digital makes no representations or warranties of any kind with respect to the Minecraft® products or programs.
For purposes hereof, “Course Materials” means all Youth Digital owned or controlled text, images, graphics, logos, illustrations, photographs, audio, video, assets, and other content associated, and provided to you in conjunction, with a Course excluding installers and content embedded or incorporated in installers; and “Third Party Software” means software (excluding the Codenvy Software (as defined below)) owned or controlled by third parties, used in connection with the instruction of a Course.
The Course entitled “Server Design 1” interoperates with certain software owned or controlled by Codenvy S.A. (the “Codenvy Software”). If you purchase such Course, by your acceptance of these Terms, you hereby expressly accept the terms and conditions set forth in that certain addendum governing the use of the Codenvy Software posted at: http://www.youthdigital.com/third-party-software.html (the “Codenvy Addendum”). In connection with your use of the Codenvy Software, you may create a hosted server environment (a “Server”). In such event, you are granted the limited, non-exclusive, non-sublicensable, non-assignable, non-transferable, royalty-free right to access and use such Server solely in connection with the applicable Course.
Your rights to access and use a Server are subject to revocation at any time in Youth Digital’s sole discretion, including for: (a) your breach of any term or condition set forth in in these Terms; (b) your violation of any rule contained on the Website; and/or (c) the discontinuation of such Server access. In the event of any revocation or unavailability of the Server, you understand and acknowledge Youth Digital is not required to provide refunds, benefits, or other compensation to you in connection with such a discontinuation. A Server may become inactive after a period of time described on the Website or in your Account.
USER CONTENT
You understand and acknowledge Youth Digital does not own or control the messages, texts, designs, software, games, apps, projects, videos, photographs, music, recordings or other materials (the “User Content”) stored, posted, presented, displayed, or published on, or transmitted, distributed, or otherwise linked by users of the Server (individually and collectively, “Publish”). You understand and agree Youth Digital is not responsible for, and expressly disclaims all representations and warranties with respect to and all liability related to or arising from, the User Content. Under no circumstances is Youth Digital liable in any way for any User Content or for any loss or damage of any kind incurred as a result of your use of any User Content; and Youth Digital has no obligation to monitor, preview, verify, flag, modify, filter, or remove any User Content. Notwithstanding the foregoing, in Youth Digital’s sole discretion, Youth Digital reserves the right to refuse, move, modify, or delete any User Content for any reason, with or without notice to you. If you Publish User Content, you hereby represent and warrant to Youth Digital: (a) you either own all right, title, and interest in and to such User Content, or you possess, sufficient rights, approvals, licenses, consents, and permissions as are necessary to Publish and grant Youth Digital the right to display and perform such User Content; (b) such User Content and the Publication of such User Content, does not and will not, directly or indirectly, infringe on, violate or misappropriate the intellectual property rights, privacy rights or other rights of any third party; (c) such User Content does not and will not violate any applicable law, rule, or regulation; and (d) all such User Content is truthful and accurate in all material respects. Further, you hereby represent, warrant and covenant no such User Content relates to or references: (i) firearms, explosives, or weapons, or instructions on how to assemble or otherwise make any of the same; (ii) content that may be unsuitable for or harmful to children under the age of thirteen (13); (iii) pornography, sexually explicit adult entertainment, prostitution or escort services or products; (iv) illegal or unlawful content, products or services; (v) promotion(s) of hate and bigotry, act(s) of violence or terrorism, or commission(s) of crimes or illegal activities; (vi) products or services from a United States’ embargoed or blacklisted country, individual or entity; (vii) content which reasonably could be deemed to be libelous, defamatory, scandalous, threatening or harassing; (viii) content which violates or misappropriates any third party intellectual property, moral, privacy or other right; (ix) other subject matter Youth Digital reasonably believes might damage Youth Digital’s brand or reputation; and/or (x) content which could cause Youth Digital to violate any law or regulation.
Except as otherwise expressly set forth herein, Youth Digital does not claim ownership of any User Content you may provide or make available to Youth Digital. With respect to any such User Content, you hereby grant Youth Digital an irrevocable, fully-paid up, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works of, publicly perform, and publicly display such User Content on the Websites, in the Course Materials, and/or in the Courses, or otherwise to exploit such User Content, with the right to sublicense such rights, for any purpose associated with the provision of the Website, the Courses and/or the Course Materials.
In the event you submit User Content in response to a contest or other Youth Digital-solicited activity hosted through the Website(s) that, by its terms, requires your use of any YD Property or other copyrighted works (in whole or in part), Youth Digital hereby grants you a non-exclusive license under such YD Property or copyrighted works (in whole or in part), as the case may be, solely to the extent required in connection with your creation of such User Content for such purpose.
THIRD PARTY INTERACTION
Any exchange of data or other interaction between you and a third party, including, without limitation, User Content Published on a Server (each, a “Third Party Interaction”), is solely between you and such third party, and you hereby agree to release and hold Youth Digital harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. Youth Digital is not a party to, has no involvement or interest in, makes no representation, warranty, or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute, or any relation whatsoever between you and any third party on a Server. You hereby acknowledge and agree that you are responsible solely for ensuring that your Third Party Interactions: (a) comply with all applicable foreign, federal, and state laws and regulations; and (b) do not violate any term, condition, rule, procedure, policy, or other guideline published by a third party or Youth Digital.
ACCOUNT AND USER DATA
In order to purchase and use a Course, you must establish an account with Youth Digital and/or its authorized licensee, as applicable (the “Account”). Your Account is personal to you and may not be used by anyone other than you. If you establish an Account, you agree you do not own or have any property interest in the Account. You agree to maintain your Account password in strict confidence. In the event your Account password is lost or otherwise compromised, you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise, except to the extent arising from Youth Digital’s gross negligence or willful misconduct. You are responsible for any fees, including internet connection and mobile fees, that you incur while accessing and using a Course.
As a registered User, you agree all information you provide in relation to your Account is accurate, current, and complete, and you agree you will maintain and update your information to keep it accurate, current, and complete. If any information provided by you in relation to your Account is untrue, inaccurate, not current, or incomplete, Youth Digital has the right to suspend or terminate your access to, and the use of, the Websites and/or the Courses. You agree not to: (a) misrepresent your identity including by using another person’s name, username, password, or other Account information; and (b) sublicense, transfer, sell, or in any way assign your username to anyone, and agree that any attempt to do so, regardless of whether made by the original account holder, will result in the immediate and automatic termination of your Account.
You agree to promptly notify Youth Digital at info@youthdigital.com of any unauthorized use of your Account. In addition, you agree to log out of your Account at the end of each session and to otherwise protect your Account from unauthorized access and use.
Youth Digital has the right to suspend or terminate your Account and your ability to access and use the Website and/or the Courses for any failure to comply with these Terms, for violating applicable law, or for any other reasonable purpose, as determined by Youth Digital in its sole discretion.
You understand Youth Digital collects certain information about you and other users, which may include, but is not limited to, contact information inputted during Account registration; information which identifies your CPU, application software and peripheral hardware; and information related to usage. You hereby consent to Youth Digital’s use and disclosure of such information in connection with: (a) Youth Digital’s provision of the Courses and enforcement of its rights hereunder; (b) Youth Digital’s delivery to you of marketing communications and customer and technical support information; and (c) the creation of benchmarking, statistical, research and marketing analyses, surveys, reports and studies, but only in aggregate, blinded, non-personally identifiable formats that do not identify, reference, or imply an association with you. For the purposes set forth in subsection (c) hereof, you hereby grant Youth Digital a non-exclusive, perpetual, worldwide, fully-paid up, royalty-free license.
RESTRICTIONS ON USE
You hereby agree you will not, under any circumstance: (a) use or design cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Websites, a Course, the Course Materials, and/or the Codenvy Software; (b) attempt to gain unauthorized access to accounts registered to other users or to Youth Digital’s computers, servers, or networks; (c) use a Course, the Course Materials, and/or the Codenvy Software in furtherance of any illegal or unlawful purpose; (d) use a Course, the Course Materials, and/or the Codenvy Software with any service, technology, or product not provided or approved by Youth Digital; (e) use the Website, a Course, the Course Materials, and/or the Codenvy Software to disseminate any false, defamatory, or libelous information; (f) use a Course, the Course Materials, and/or the Codenvy Software after any termination or expiration of these Terms or for any commercial purpose; (g) use the Websites, the Course Materials, and/or the Codenvy Software to perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded, or downloaded by, Youth Digital any software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to diminish the quality of, interfere with the performance of, or impair the functionality of the Websites, the Course Materials, and/or the Codenvy Software; or (h) use a Course in order to: (i) design or build a commercial product or service that competes with the Courses, the Course Materials, or to create a software modding course; (ii) build a product using similar ideas, features, functions, or graphics as those contained in the Course and/or the Course Materials; or (iii) copy any ideas, features, functions or graphics of the Course and/or the Course Materials. Any intellectual property you develop in violation of any term or condition set forth in these Terms is owned solely and exclusively by Youth Digital. Accordingly, you hereby assign, will assign, and upon the conception thereof automatically assign, to Youth Digital all of your right, title and interest in and to such intellectual property.
YOUTH DIGITAL’S INTELLECTUAL PROPERTY RIGHTS
As between you and Youth Digital, you understand the Websites, the Courses and the Course Materials, including the design and layout thereof, and all intellectual property associated therewith are and remain the sole and exclusive property of Youth Digital and/or its licensors (collectively, the “YD Property”). You agree not to take any actions inconsistent with Youth Digital’s ownership of each of Youth Digital’s rights in and to the YD Property. Except as otherwise expressly granted in these Terms, you will not have or acquire any rights or interest in or to the YD Property. You acknowledge the YD Property contains proprietary information and trade secrets of Youth Digital. You agree you will not directly or indirectly, without Youth Digital’s prior written consent: (a) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the YD Property, or make the YD Property available to third parties except as authorized by these Terms; (b) modify, translate, reverse engineer, decompile or disassemble the YD Property for any purpose, including, without limitation, the creation of derivative works or similar products; (c) upload, link to, or post any software portion of the YD Property on a bulletin board, intranet, extranet or website; (d) use or distribute the YD Property in violation of any applicable laws, regulations or export restrictions; (e) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the YD Property; and (f) use any YD Property for any nefarious purpose, including, but not limited, to, any automated or high volume use of the Websites or in association with any adult, hate, or illegal content or with any content that may be harmful to children. Any breach or suspected breach of any term or condition set forth in this paragraph will result in the immediate termination of the rights granted hereunder. Except to the extent expressly set forth herein, you do not have any rights in, to, or under the YD Property. In addition, you may not use the YD Property in any manner that suggests any affiliation with, or sponsorship by, Youth Digital.
INDEMNIFICATION
At your sole cost and expense, you hereby agree to defend and hold harmless Youth Digital and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns (the "Indemnitees") in any action or claim, and to indemnify Youth Digital and the Indemnitees from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) arising from such action or claim and related to: (i) your breach of any term, condition, representation, or warranty set forth in these Terms; (ii) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; (iii) your Third Party Interactions and/or your breach of any term or condition set forth in an agreement governing any Third Party Software or in the Codenvy Addendum; and/or (iv) your violation of applicable law. Youth Digital reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify Youth Digital, and you agree to cooperate with Youth Digital’s defense of this Claim. Youth Digital will use reasonable efforts to notify you of any Claim upon becoming aware of it.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
IN NO EVENT IS YOUTH DIGITAL LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF YOUTH DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THESE TERMS OR THE COURSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF DATA OR LOSS OF USE. IN NO EVENT WILL YOUTH DIGITAL’S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY, OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE COURSES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND AMOUNTS ACTUALLY PAID BY YOU FOR THE COURSE FROM WHICH SUCH LIABILITY AROSE. NO CLAIM MAY BE ASSERTED BY YOU AGAINST YOUTH DIGITAL MORE THAN TWELVE (12) MONTHS AFTER THE DATE THESE TERMS TERMINATE. SOLELY IF AND TO THE EXTENT REQUIRED TO MAKE THIS LIMITATION OF LIABILITY ENFORCEABLE, NOTHING SET FORTH IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO A GREATER EXTENT THAN IS PERMITTED BY APPLICABLE LAW OR EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
CERTAIN THIRD PARTY SOFTWARE MAY BE USED IN CONJUNCTION WITH THE YD PROPERTY. NOTHING SET FORTH HEREIN SHOULD BE CONSTRUED TO MEAN THE USE OF THE YD PROPERTY WITH SUCH THIRD PARTY SOFTWARE IS PERMITTED UNDER THE TERMS OF AGREEMENTS THAT GOVERN THE USE OF SUCH SOFTWARE. USER IS RESPONSIBLE FOR REVIEWING SUCH AGREEMENTS IN ORDER TO AVOID ANY BREACH THEREOF, AND YOU USE THE SERVICES IN CONJUNCTION WITH SUCH THIRD PARTY SOFTWARE AT YOUR OWN RISK. IN NO EVENT IS YOUTH DIGITAL LIABLE TO USER FOR ANY USE OF THE SERVICES IN CONJUNCTION WITH SUCH THIRD PARTY SOFTWARE.
THE YD PROPERTY IS PROVIDED “AS IS,” AND “AS AVAILABLE,” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUTH DIGITAL AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. THE REPRESENTATIVES DO NOT WARRANT THAT THE YD PROPERTY WILL MEET USER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE YD PROPERTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THE YD PROPERTY RELIES UPON THIRD PARTY SOFTWARE FOR CERTAIN FUNCTIONS, AND YOUTH DIGITAL MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE TO THE USER THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH A SPECIFIED PURPOSE, OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL, OR METRIC, AND YOUTH DIGITAL WILL NOT BE LIABLE FOR ANY FAILURE THEREOF TO THE USER. YOU ACKNOWLEDGE YOUTH DIGITAL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE YD PROPERTY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACCORDINGLY, YOUTH DIGITAL WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ANY ISSUE OUTSIDE OF YOUTH DIGITAL’S REASONABLE CONTROL.
The Websites are accessible in countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Youth Digital intends to announce the availability of such products and services in your country. The Websites are controlled and offered by Youth Digital from its facilities in the United States. Youth Digital makes no representations or warranties the Website or such products and services are appropriate or available for use outside of the United States. If you access a Website from outside of the United States, you do so at your own risk and agree you solely are responsible for compliance with local law.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by, and interpreted in accordance with, the laws of the State of North Carolina except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with, these Terms shall be resolved by binding arbitration under then current Commercial Rules of Arbitration of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in Durham, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Youth Digital has the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent. If you bring a legal action or claim against Youth Digital in contravention of this provision, you agree you will reimburse Youth Digital for its costs and expenses incurred in connection with contesting such action or claim; provided Youth Digital notified you in writing of the improperly filed claim, and you failed to promptly withdraw the claim. Any arbitration award granted hereunder will be enforceable under the applicable terms and conditions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention), as amended to date. The parties expressly agree these Terms will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
MODIFICATIONS TO THESE TERMS, THE WEBSITES AND/OR THE COURSES
Youth Digital reserves the right to modify these Terms, the Websites, and/or the Courses at any time without your consent. Youth Digital will undertake commercially reasonable efforts to notify you of any such material modifications by email to the contact email address set forth in the Account and/or by posting in an obvious place, a notice of any amendment on the Website covered by these Terms. Such modification is effective upon implementation.
OTHER AGREEMENTS
In conjunction with the Courses, you may enter into certain other agreements with Youth Digital, including, without limitation, the EULA (the “Other Agreements”). While each of the Other Agreements constitutes a separate legal agreement between you and Youth Digital, such agreements may address subject matter related to these Terms. In the event of any conflict between any term or condition set forth in these Terms and in any of the Other Agreements, the term or condition which most favors Youth Digital, as determined in Youth Digital’s sole discretion, will prevail.
TERMINATION
You may terminate these Terms at any time by deleting your Account, or otherwise by discontinuing your use of the Website(s) and/or the Courses. Youth Digital may terminate these Terms or your Account (which automatically terminates these Terms) at any time in its sole discretion, for any reason, including, but not limited to, your use of the Website or a Course in violation of any term or condition set forth herein. All licenses and rights granted by Youth Digital hereunder terminate automatically upon the termination of these Terms and your Account, and all materials (e.g. software and files) in your possession obtained from or through the Websites must be removed from your CPU and destroyed upon such termination. Notwithstanding the termination of these Terms for any reason, all terms and conditions set forth herein which protect Youth Digital and/or its intellectual property survive.
FORCE MAJEURE
Youth Digital will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
CONTACT INFORMATION
Youth Digital’s address, phone number, and email contact information to which you may address questions, complaints, or claims with respect to the Courses are as follows:
Youth Digital, Inc.
P.O. Box 51309
Durham, NC 27717
info@youthdigital.com
Last updated on January 11, 2018.
Welcome to www.youthdigital.com, my.youthdigital.com, and other websites owned or controlled by Youth Digital, Inc. (“Youth Digital,” and such websites, collectively, the “Websites”). PLEASE REVIEW THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (OR THE PARENT OR LEGAL GUARDIAN WHOM ACCEPTS THESE TERMS ON YOUR BEHALF, AS THE CASE MAY BE) (“YOU” OR “USER”) AND YOUTH DIGITAL. YOU MUST ACCEPT THESE TERMS IN ORDER TO USE THE WEBSITES, CREATE A USER ACCOUNT WITH YOUTH DIGITAL, AND/OR PURCHASE RIGHTS TO ACCESS AND USE THE COURSES AND THE COURSE MATERIALS (EACH, AS DEFINED BELOW). IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THE WEBSITES, CREATE A USER ACCOUNT, OR PURCHASE AND USE THE COURSES AND/OR THE COURSE MATERIALS.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCEPT THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF EIGHTEEN (18), YOU ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND YOUR CHILD AND, BY SUCH ACCEPTANCE, REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO DO SO ON BEHALF OF SUCH CHILD.
PURCHASES
Fees for purchases through any of the Websites must be paid in United States dollars. You agree that any purchase made by or on your behalf was made by an adult (at least eighteen (18) years of age or older). In connection with your purchase of rights to access and use a Course and the associated Course Materials, you are entitled to receive a full refund of any payment made for a period of thirty (30) days after your date of purchase; provided you have not accessed more than the first four (4) complete modules of such Course.
Further, upon your purchase of a Course, whether from Youth Digital or one of its authorized resellers, you have thirty (30) days to activate the Course in a student account and initiate the enrollment period ("Enroll"), unless you purchased the Course from an authorized reseller and terms in Youth Digital's agreement with such reseller provide for a longer period of time in which to Enroll. Notwithstanding the foregoing, if you purchased a Course prior to January 1, 2018, you have until March 1, 2018 to Enroll (subject to any applicable terms of Youth Digital's agreement with an authorized reseller).
If you do not Enroll within the applicable period of time (the “Applicable Period”), the enrollment period for the Course will be reduced by one (1) day for each day beyond the expiration of the Applicable Period that you fail to Enroll, without penalty or liability to Youth Digital and without refund of any portion of your payment therefor. For the purpose of avoiding doubt, the foregoing reduction may result in the elimination of the entire enrollment period if you fail to Enroll by the date on which the enrollment period would expire if you had Enrolled on the last day of the Applicable Period, in which case you will not be able to access or use the Course and Course Materials.
THE COURSES
Subject to these Terms, Youth Digital hereby grants you the limited, revocable, non-exclusive, personal, non-transferable, non-commercial and non-assignable rights to access and use through one CPU (except as otherwise may permitted by Youth Digital in writing) each educational and/or instructional course developed by Youth Digital (each, a “Course”) and the Course Materials associated therewith that you purchase and access through your Account (as defined below). The rights granted herein survive until the completion date of such Course as determined by Youth Digital, which in no case will be more than twelve (12) months after the date of purchase. Each Course is taught in accordance with the Course Materials and using the Third Party Software (as defined below). You understand and acknowledge you are not purchasing from Youth Digital the Third Party Software, which is available to you free of charge. You only purchase from Youth Digital the rights to access and use the Courses and the Course Materials, as described herein, and the support and instruction appurtenant thereto.
The terms and conditions governing the installation and use of the Third Party Software are set forth in that certain end user license agreement posted at www.youthdigital.com/eula.html, to which license agreement (the “EULA”) you expressly agree by your acceptance of these Terms.
If you purchase any of the following courses: “Mod Design 1”, “Mod Design 1: Dimensions”, or “Server Design 1”, you represent and warrant to Youth Digital you purchased from an authorized third party unaffiliated with Youth Digital a genuine version of Minecraft® for PC/Mac (https://minecraft.net/en/store/minecraft/). You understand and acknowledge such Courses are not official Minecraft® products. Accordingly, they are not approved by, or associated with, Mojang®. Your use of Minecraft® is solely at your own risk, and Youth Digital makes no representations or warranties of any kind with respect to the Minecraft® products or programs.
For purposes hereof, “Course Materials” means all Youth Digital owned or controlled text, images, graphics, logos, illustrations, photographs, audio, video, assets, and other content associated, and provided to you in conjunction, with a Course excluding installers and content embedded or incorporated in installers; and “Third Party Software” means software (excluding the Codenvy Software (as defined below)) owned or controlled by third parties, used in connection with the instruction of a Course.
The Course entitled “Server Design 1” interoperates with certain software owned or controlled by Codenvy S.A. (the “Codenvy Software”). If you purchase such Course, by your acceptance of these Terms, you hereby expressly accept the terms and conditions set forth in that certain addendum governing the use of the Codenvy Software posted at: http://www.youthdigital.com/third-party-software.html (the “Codenvy Addendum”). In connection with your use of the Codenvy Software, you may create a hosted server environment (a “Server”). In such event, you are granted the limited, non-exclusive, non-sublicensable, non-assignable, non-transferable, royalty-free right to access and use such Server solely in connection with the applicable Course.
Your rights to access and use a Server are subject to revocation at any time in Youth Digital’s sole discretion, including for: (a) your breach of any term or condition set forth in in these Terms; (b) your violation of any rule contained on the Website; and/or (c) the discontinuation of such Server access. In the event of any revocation or unavailability of the Server, you understand and acknowledge Youth Digital is not required to provide refunds, benefits, or other compensation to you in connection with such a discontinuation. A Server may become inactive after a period of time described on the Website or in your Account.
USER CONTENT
You understand and acknowledge Youth Digital does not own or control the messages, texts, designs, software, games, apps, projects, videos, photographs, music, recordings or other materials (the “User Content”) stored, posted, presented, displayed, or published on, or transmitted, distributed, or otherwise linked by users of the Server (individually and collectively, “Publish”). You understand and agree Youth Digital is not responsible for, and expressly disclaims all representations and warranties with respect to and all liability related to or arising from, the User Content. Under no circumstances is Youth Digital liable in any way for any User Content or for any loss or damage of any kind incurred as a result of your use of any User Content; and Youth Digital has no obligation to monitor, preview, verify, flag, modify, filter, or remove any User Content. Notwithstanding the foregoing, in Youth Digital’s sole discretion, Youth Digital reserves the right to refuse, move, modify, or delete any User Content for any reason, with or without notice to you. If you Publish User Content, you hereby represent and warrant to Youth Digital: (a) you either own all right, title, and interest in and to such User Content, or you possess, sufficient rights, approvals, licenses, consents, and permissions as are necessary to Publish and grant Youth Digital the right to display and perform such User Content; (b) such User Content and the Publication of such User Content, does not and will not, directly or indirectly, infringe on, violate or misappropriate the intellectual property rights, privacy rights or other rights of any third party; (c) such User Content does not and will not violate any applicable law, rule, or regulation; and (d) all such User Content is truthful and accurate in all material respects. Further, you hereby represent, warrant and covenant no such User Content relates to or references: (i) firearms, explosives, or weapons, or instructions on how to assemble or otherwise make any of the same; (ii) content that may be unsuitable for or harmful to children under the age of thirteen (13); (iii) pornography, sexually explicit adult entertainment, prostitution or escort services or products; (iv) illegal or unlawful content, products or services; (v) promotion(s) of hate and bigotry, act(s) of violence or terrorism, or commission(s) of crimes or illegal activities; (vi) products or services from a United States’ embargoed or blacklisted country, individual or entity; (vii) content which reasonably could be deemed to be libelous, defamatory, scandalous, threatening or harassing; (viii) content which violates or misappropriates any third party intellectual property, moral, privacy or other right; (ix) other subject matter Youth Digital reasonably believes might damage Youth Digital’s brand or reputation; and/or (x) content which could cause Youth Digital to violate any law or regulation.
Except as otherwise expressly set forth herein, Youth Digital does not claim ownership of any User Content you may provide or make available to Youth Digital. With respect to any such User Content, you hereby grant Youth Digital an irrevocable, fully-paid up, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works of, publicly perform, and publicly display such User Content on the Websites, in the Course Materials, and/or in the Courses, or otherwise to exploit such User Content, with the right to sublicense such rights, for any purpose associated with the provision of the Website, the Courses and/or the Course Materials.
In the event you submit User Content in response to a contest or other Youth Digital-solicited activity hosted through the Website(s) that, by its terms, requires your use of any YD Property or other copyrighted works (in whole or in part), Youth Digital hereby grants you a non-exclusive license under such YD Property or copyrighted works (in whole or in part), as the case may be, solely to the extent required in connection with your creation of such User Content for such purpose.
THIRD PARTY INTERACTION
Any exchange of data or other interaction between you and a third party, including, without limitation, User Content Published on a Server (each, a “Third Party Interaction”), is solely between you and such third party, and you hereby agree to release and hold Youth Digital harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. Youth Digital is not a party to, has no involvement or interest in, makes no representation, warranty, or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute, or any relation whatsoever between you and any third party on a Server. You hereby acknowledge and agree that you are responsible solely for ensuring that your Third Party Interactions: (a) comply with all applicable foreign, federal, and state laws and regulations; and (b) do not violate any term, condition, rule, procedure, policy, or other guideline published by a third party or Youth Digital.
ACCOUNT AND USER DATA
In order to purchase and use a Course, you must establish an account with Youth Digital and/or its authorized licensee, as applicable (the “Account”). Your Account is personal to you and may not be used by anyone other than you. If you establish an Account, you agree you do not own or have any property interest in the Account. You agree to maintain your Account password in strict confidence. In the event your Account password is lost or otherwise compromised, you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise, except to the extent arising from Youth Digital’s gross negligence or willful misconduct. You are responsible for any fees, including internet connection and mobile fees, that you incur while accessing and using a Course.
As a registered User, you agree all information you provide in relation to your Account is accurate, current, and complete, and you agree you will maintain and update your information to keep it accurate, current, and complete. If any information provided by you in relation to your Account is untrue, inaccurate, not current, or incomplete, Youth Digital has the right to suspend or terminate your access to, and the use of, the Websites and/or the Courses. You agree not to: (a) misrepresent your identity including by using another person’s name, username, password, or other Account information; and (b) sublicense, transfer, sell, or in any way assign your username to anyone, and agree that any attempt to do so, regardless of whether made by the original account holder, will result in the immediate and automatic termination of your Account.
You agree to promptly notify Youth Digital at info@youthdigital.com of any unauthorized use of your Account. In addition, you agree to log out of your Account at the end of each session and to otherwise protect your Account from unauthorized access and use.
Youth Digital has the right to suspend or terminate your Account and your ability to access and use the Website and/or the Courses for any failure to comply with these Terms, for violating applicable law, or for any other reasonable purpose, as determined by Youth Digital in its sole discretion.
You understand Youth Digital collects certain information about you and other users, which may include, but is not limited to, contact information inputted during Account registration; information which identifies your CPU, application software and peripheral hardware; and information related to usage. You hereby consent to Youth Digital’s use and disclosure of such information in connection with: (a) Youth Digital’s provision of the Courses and enforcement of its rights hereunder; (b) Youth Digital’s delivery to you of marketing communications and customer and technical support information; and (c) the creation of benchmarking, statistical, research and marketing analyses, surveys, reports and studies, but only in aggregate, blinded, non-personally identifiable formats that do not identify, reference, or imply an association with you. For the purposes set forth in subsection (c) hereof, you hereby grant Youth Digital a non-exclusive, perpetual, worldwide, fully-paid up, royalty-free license.
RESTRICTIONS ON USE
You hereby agree you will not, under any circumstance: (a) use or design cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Websites, a Course, the Course Materials, and/or the Codenvy Software; (b) attempt to gain unauthorized access to accounts registered to other users or to Youth Digital’s computers, servers, or networks; (c) use a Course, the Course Materials, and/or the Codenvy Software in furtherance of any illegal or unlawful purpose; (d) use a Course, the Course Materials, and/or the Codenvy Software with any service, technology, or product not provided or approved by Youth Digital; (e) use the Website, a Course, the Course Materials, and/or the Codenvy Software to disseminate any false, defamatory, or libelous information; (f) use a Course, the Course Materials, and/or the Codenvy Software after any termination or expiration of these Terms or for any commercial purpose; (g) use the Websites, the Course Materials, and/or the Codenvy Software to perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded, or downloaded by, Youth Digital any software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to diminish the quality of, interfere with the performance of, or impair the functionality of the Websites, the Course Materials, and/or the Codenvy Software; or (h) use a Course in order to: (i) design or build a commercial product or service that competes with the Courses, the Course Materials, or to create a software modding course; (ii) build a product using similar ideas, features, functions, or graphics as those contained in the Course and/or the Course Materials; or (iii) copy any ideas, features, functions or graphics of the Course and/or the Course Materials. Any intellectual property you develop in violation of any term or condition set forth in these Terms is owned solely and exclusively by Youth Digital. Accordingly, you hereby assign, will assign, and upon the conception thereof automatically assign, to Youth Digital all of your right, title and interest in and to such intellectual property.
YOUTH DIGITAL’S INTELLECTUAL PROPERTY RIGHTS
As between you and Youth Digital, you understand the Websites, the Courses and the Course Materials, including the design and layout thereof, and all intellectual property associated therewith are and remain the sole and exclusive property of Youth Digital and/or its licensors (collectively, the “YD Property”). You agree not to take any actions inconsistent with Youth Digital’s ownership of each of Youth Digital’s rights in and to the YD Property. Except as otherwise expressly granted in these Terms, you will not have or acquire any rights or interest in or to the YD Property. You acknowledge the YD Property contains proprietary information and trade secrets of Youth Digital. You agree you will not directly or indirectly, without Youth Digital’s prior written consent: (a) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the YD Property, or make the YD Property available to third parties except as authorized by these Terms; (b) modify, translate, reverse engineer, decompile or disassemble the YD Property for any purpose, including, without limitation, the creation of derivative works or similar products; (c) upload, link to, or post any software portion of the YD Property on a bulletin board, intranet, extranet or website; (d) use or distribute the YD Property in violation of any applicable laws, regulations or export restrictions; (e) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the YD Property; and (f) use any YD Property for any nefarious purpose, including, but not limited, to, any automated or high volume use of the Websites or in association with any adult, hate, or illegal content or with any content that may be harmful to children. Any breach or suspected breach of any term or condition set forth in this paragraph will result in the immediate termination of the rights granted hereunder. Except to the extent expressly set forth herein, you do not have any rights in, to, or under the YD Property. In addition, you may not use the YD Property in any manner that suggests any affiliation with, or sponsorship by, Youth Digital.
INDEMNIFICATION
At your sole cost and expense, you hereby agree to defend and hold harmless Youth Digital and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns (the "Indemnitees") in any action or claim, and to indemnify Youth Digital and the Indemnitees from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) arising from such action or claim and related to: (i) your breach of any term, condition, representation, or warranty set forth in these Terms; (ii) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; (iii) your Third Party Interactions and/or your breach of any term or condition set forth in an agreement governing any Third Party Software or in the Codenvy Addendum; and/or (iv) your violation of applicable law. Youth Digital reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify Youth Digital, and you agree to cooperate with Youth Digital’s defense of this Claim. Youth Digital will use reasonable efforts to notify you of any Claim upon becoming aware of it.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
IN NO EVENT IS YOUTH DIGITAL LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF YOUTH DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THESE TERMS OR THE COURSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF DATA OR LOSS OF USE. IN NO EVENT WILL YOUTH DIGITAL’S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY, OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE COURSES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND AMOUNTS ACTUALLY PAID BY YOU FOR THE COURSE FROM WHICH SUCH LIABILITY AROSE. NO CLAIM MAY BE ASSERTED BY YOU AGAINST YOUTH DIGITAL MORE THAN TWELVE (12) MONTHS AFTER THE DATE THESE TERMS TERMINATE. SOLELY IF AND TO THE EXTENT REQUIRED TO MAKE THIS LIMITATION OF LIABILITY ENFORCEABLE, NOTHING SET FORTH IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO A GREATER EXTENT THAN IS PERMITTED BY APPLICABLE LAW OR EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
CERTAIN THIRD PARTY SOFTWARE MAY BE USED IN CONJUNCTION WITH THE YD PROPERTY. NOTHING SET FORTH HEREIN SHOULD BE CONSTRUED TO MEAN THE USE OF THE YD PROPERTY WITH SUCH THIRD PARTY SOFTWARE IS PERMITTED UNDER THE TERMS OF AGREEMENTS THAT GOVERN THE USE OF SUCH SOFTWARE. USER IS RESPONSIBLE FOR REVIEWING SUCH AGREEMENTS IN ORDER TO AVOID ANY BREACH THEREOF, AND YOU USE THE SERVICES IN CONJUNCTION WITH SUCH THIRD PARTY SOFTWARE AT YOUR OWN RISK. IN NO EVENT IS YOUTH DIGITAL LIABLE TO USER FOR ANY USE OF THE SERVICES IN CONJUNCTION WITH SUCH THIRD PARTY SOFTWARE.
THE YD PROPERTY IS PROVIDED “AS IS,” AND “AS AVAILABLE,” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUTH DIGITAL AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. THE REPRESENTATIVES DO NOT WARRANT THAT THE YD PROPERTY WILL MEET USER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE YD PROPERTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THE YD PROPERTY RELIES UPON THIRD PARTY SOFTWARE FOR CERTAIN FUNCTIONS, AND YOUTH DIGITAL MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE TO THE USER THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH A SPECIFIED PURPOSE, OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL, OR METRIC, AND YOUTH DIGITAL WILL NOT BE LIABLE FOR ANY FAILURE THEREOF TO THE USER. YOU ACKNOWLEDGE YOUTH DIGITAL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE YD PROPERTY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACCORDINGLY, YOUTH DIGITAL WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ANY ISSUE OUTSIDE OF YOUTH DIGITAL’S REASONABLE CONTROL.
The Websites are accessible in countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Youth Digital intends to announce the availability of such products and services in your country. The Websites are controlled and offered by Youth Digital from its facilities in the United States. Youth Digital makes no representations or warranties the Website or such products and services are appropriate or available for use outside of the United States. If you access a Website from outside of the United States, you do so at your own risk and agree you solely are responsible for compliance with local law.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by, and interpreted in accordance with, the laws of the State of North Carolina except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with, these Terms shall be resolved by binding arbitration under then current Commercial Rules of Arbitration of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in Durham, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Youth Digital has the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent. If you bring a legal action or claim against Youth Digital in contravention of this provision, you agree you will reimburse Youth Digital for its costs and expenses incurred in connection with contesting such action or claim; provided Youth Digital notified you in writing of the improperly filed claim, and you failed to promptly withdraw the claim. Any arbitration award granted hereunder will be enforceable under the applicable terms and conditions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention), as amended to date. The parties expressly agree these Terms will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
MODIFICATIONS TO THESE TERMS, THE WEBSITES AND/OR THE COURSES
Youth Digital reserves the right to modify these Terms, the Websites, and/or the Courses at any time without your consent. Youth Digital will undertake commercially reasonable efforts to notify you of any such material modifications by email to the contact email address set forth in the Account and/or by posting in an obvious place, a notice of any amendment on the Website covered by these Terms. Such modification is effective upon implementation.
OTHER AGREEMENTS
In conjunction with the Courses, you may enter into certain other agreements with Youth Digital, including, without limitation, the EULA (the “Other Agreements”). While each of the Other Agreements constitutes a separate legal agreement between you and Youth Digital, such agreements may address subject matter related to these Terms. In the event of any conflict between any term or condition set forth in these Terms and in any of the Other Agreements, the term or condition which most favors Youth Digital, as determined in Youth Digital’s sole discretion, will prevail.
TERMINATION
You may terminate these Terms at any time by deleting your Account, or otherwise by discontinuing your use of the Website(s) and/or the Courses. Youth Digital may terminate these Terms or your Account (which automatically terminates these Terms) at any time in its sole discretion, for any reason, including, but not limited to, your use of the Website or a Course in violation of any term or condition set forth herein. All licenses and rights granted by Youth Digital hereunder terminate automatically upon the termination of these Terms and your Account, and all materials (e.g. software and files) in your possession obtained from or through the Websites must be removed from your CPU and destroyed upon such termination. Notwithstanding the termination of these Terms for any reason, all terms and conditions set forth herein which protect Youth Digital and/or its intellectual property survive.
FORCE MAJEURE
Youth Digital will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
CONTACT INFORMATION
Youth Digital’s address, phone number, and email contact information to which you may address questions, complaints, or claims with respect to the Courses are as follows:
Youth Digital, Inc.
P.O. Box 51309
Durham, NC 27717
info@youthdigital.com
Last updated on January 11, 2018.