Broadcast Academy End User Licensing Agreement
Thank you for choosing the Broadcast Academy Ltd to advise you on broadcast PR in our ‘Level Up in Broadcast’ or ‘Lithium X’ group coaching, consulting, and training programme for your business.
This agreement (the “Agreement”) is entered into on the date of payment by and between Broadcast Academy Ltd, 24, Holborn Viaduct, London, EC1B 2BN, England, United Kingdom and your company (“Company,” “you,” “your,”) (collectively, the “Parties”)
The parties agree as follows:
As part of an offer to the Company, it is the ‘Level Up in Broadcast’ product (“Product”), or ‘Lithium X’ comprising:
Company agrees that the communication is to be via our proprietary online community at kajabi.com, the email address for admin related questions only to use is [email protected] Office hours are 9am to 5pm London, UK time. The quickest way to get a response is to post in the private Level Up online community which is typically the same day or next working day excluding standard public holidays in England and Wales. The second quickest way to get a response is to ask questions on the live twice-weekly group coaching calls. Admin related questions are to be sent by email only to [email protected] which is typically responded to in 3-4 days.
After full execution of this agreement, Company shall get access to the Product no later than one (1) business day.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
The Company agrees to indemnify and hold Broadcast Academy, its affiliates, control persons, officers, and agents (each an “Indemnified Person”) harmless from and against all losses, claims, damages, liabilities, costs, or expense including those resulting from and against all losses, claims, damages, liabilities, costs, or expense including those resulting from any threatened or pending investigation, action, proceeding, or dispute. This indemnification shall include Broadcast Academy and/or any such other Indemnified Person’s reasonable attorney fees and accountant fees and out-of- pocket expenses incurred in, and the cost of Broadcast Academy personnel whose time is spent in connection with such investigations, actions, proceedings or disputes which fees, expenses and costs shall be periodically reimbursed to Broadcast Academy and/or to any such Indemnified Person by the Company as they are incurred; provided however, that the indemnity in this paragraph 6 shall not apply where a court of competent jurisdiction had made a final determination that Broadcast Academy acted in a grossly negligent manner or engaged in wilful misconduct in the performance of its services hereunder which gave rise to the loss, claim, damage, liability, cost, or expense sought to be recovered hereunder. The provisions of this paragraph 6 shall survive the termination and expiration of the Agreement.
The Website and the Service are provided by Broadcast Academy for information purposes only and do not constitute and should not be construed as a solicitation or offer by Broadcast Academy, or recommendation by Broadcast Academy to engage in any other transaction whatsoever.
Nothing in the Website or the Service constitutes, and should not be construed as, the provision by Broadcast Academy of investment, legal, tax or other advice of any nature whatsoever and it should not be relied on in making a legal decision or other decision. The Company should obtain relevant and specific independent professional advice before making any legal or other decision.
The Company hereby agrees that it will not hold Broadcast Academy responsible in law or equity for any decisions of whatsoever nature which the Broadcast Academy makes or refrains from making following its use of the Website or the Service.
Broadcast Academy makes no representation, undertaking or warranty that the information or opinions contained in the Website or the Service are accurate, reliable, up-to-date or complete. Neither Broadcast Academy nor any third party providing any Data guarantees the accuracy of the Data, or the underlying data or any projections based thereon.
The information and opinions contained in the Website and the Service are provided by Broadcast Academy for the Client’s own internal business use and informational purposes only and are subject to change without notice.
Any advice or documentation rendered by Broadcast Academy pursuant to this contract may not be disclosed publicly or to any third party in any manner without the prior written approval of Broadcast Academy. All non-public information provided by the Company to Broadcast Academy will be considered confidential information and shall be maintained as such by Broadcast Academy, except as required by law. The Company agrees to provide Broadcast Academy, among other things, all reasonable information requested or reasonably required by Broadcast Academy.
Company success can be almost inevitable if the programme is followed and adhered to however, market conditions, management experience and liquidity can affect the success of the Company. The parties hereto acknowledge and agree that Broadcast Academy cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by Broadcast Academy as a result. Rather, Broadcast Academy shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Broadcast Academy will use its best efforts, tools, systems and technologies and does not promise results. Company is responsible and accountable for its decisions, actions, corporation, and results in Company’s business, and by Company’s registration here Company agrees not to attempt to hold us liable for Company’s decisions, actions or results, at any time, under any circumstance.
Company authorises Broadcast Academy to use Company’s story and/or results from the programme as evidence for the programme and as an example or case study of the programme, and further agree to allow the use of Company’s voice, photo, posts, and likeness captured to be used for future products and/or marketing without compensation to Company.
The Company may terminate Broadcast Academy at any time without cause provided that all compensation is paid.
Lifetime Access is for the lifetime of the ‘Level Up in Broadcast’ On-Demand Product or the lifetime of Broadcast Academy. If for any reason, Broadcast Academy should dissolve or cease to exist, or the ‘Level Up in Broadcast’ or ‘Lithium X’ On-Demand product should cease to exist, then Company’s access to the Product terminates.
All data originating from Broadcast Academy must only be used for lawful purposes and its information in connection with the Company’s own internal business purposes, in accordance with the terms and conditions of the Agreement. All data remains Broadcast Academy’ intellectual property and the Company shall not, use the Service in any manner or for any purpose other than those expressly specified in the Agreement; alter, reverse engineer, decompile, disassemble or otherwise seek to duplicate the performance characteristics of the Product (or attempt to do any of the foregoing), unless permitted to do so by law that is not capable of exclusion; rent, lease, lend, sell, sub-license, trade, assign, give or permit access to, disclose, transmit, use on behalf of, furnish, copy, modify or distribute the Service or any part of the Service (or offer to do any of the foregoing), to any third party not expressly permitted in the Agreement, including any affiliate or any other division, team or location of the Client; or remove or obscure Broadcast Academy proprietary right notices.
At Broadcast Academy, we stand behind the ability of our systems to get customers results when customers spend the time utilising, studying, and implementing what they learn in their company. Within 7 (non-business days) of Company’s purchase, we offer an action-based honest service policy. Company can apply for a full refund minus banking transaction fees by emailing [email protected] after Company does the following steps:
We do this to protect the value of our information, data, and coaching. It is our responsibility to offer technology, strategies, training, and coaching to the best of our efforts to Companies. It is the Company’s responsibility to apply the techniques, training, and coaching. the Company does not apply the strategies it is, unfortunately, the Company’s fault. No refunds are given to customers on a payment plan. Payment plans are required for the full agreed payment term with no early termination of agreed fee. Should Companies wish to get a refund on a payment plan, we will stop Company’s payment if it’s within the first 7 days policy window. No refunds are given in case of account termination due to rule violations in any of our groups. Company agrees that they will not contact their credit card company for a refund after day 7 until all compensation is paid to the Broadcast Academy Ltd.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.
We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with Online Course services. Use of Third-Party Services: Broadcast Academy uses third-party analytics services to help understand your usage of the services. In particular, Broadcast Academy provides a limited amount of your information (such as your email address and sign-up date) to. (each a “Third Party Analytics”) and utilise Third Party Analytics to collect data for analytics purposes when you visit our website or use our product. Third Party Analytics analyses your use of our website and/or product and tracks our relationship so that Broadcast Academy can improve our service to you. We may also use Third Party Analytics as a medium for communications, either through email, or through messages within our product(s).
User Accounts and User Registration
While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete,
Broadcast Academy and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.
User Conduct Policy
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorised Content”):
Intellectual Property Rights
All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, PowerPoint slides, screenshots, presentation materials, homework assignments, programming assignments, programmes, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Broadcast Academy and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under England and Wales and foreign law. Broadcast Academy logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Broadcast Academy and are protected under England and Wales and foreign laws.
All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. 5 In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Broadcast Academy.
User Content The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Broadcast Academy does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to Broadcast Academy below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Broadcast Academy, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Broadcast Academy’s Content or Services which you may propose or make or which User and Broadcast Academy may jointly make.
To the extent such rights cannot be assigned, you hereby waive such rights as Broadcast Academy, its affiliates, and its and their customers and business partners. 6 With respect to any User Content you submit to Broadcast Academy (including for inclusion on the Site or Online Courses) or that is otherwise made available to Broadcast Academy, you hereby grant Broadcast Academy an irrevocable, worldwide, perpetual, royalty-free and nonexclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Broadcast Academy above shall be exclusive. Broadcast Academy reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Broadcast Academy to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Broadcast Academy, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from England and Wales or the country in which you reside.
Use of Communication Tools and Related Services
By using any of the communications tools available on the Online Courses, you acknowledge and agree that:
(a) all communications tools constitute public, and not private, means of communication between you and the other party or parties,
(b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Broadcast Academy in any manner (unless expressly stated otherwise by Broadcast Academy) and
To purchase any services or products offered by Broadcast Academy through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Broadcast Academy’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the BroadcastAcademy Site as they become due, whether on a one-time or subscription basis. Our refund policy is as follows:
Customers are entitled to a full refund if they complete all action items from weeks 1 in the training programme and holds people accountable to doing the work and getting results. The customer must also send back all physical products to our England and Wales shipping distributer at their cost for postage. If customers do not complete Week 1 they are not entitled to a refund. If customers ask after 7 calendar days (excluding the weekend) they are not entitled to a refund. If customers do not return the physical products to us they will not be entitled to a refund. When you sign up to our training programmes you will either pay upfront in full or split the total amount payable over a payment term. All payments divided over terms incur finance charges. When you sign up to our Services you acknowledge and agree to pay the entire balance of the purchase including all monthly payments due and any finance charges added. Failure to pay the remaining balance on any purchase invoice will involve our internal billing team making contact with you to collect payment and then failing that we will hand the account over to a collections agency for formal collections which may incur additional collections fees and harm your credit rating. Failure to pay any due balance on your account will result in immediate suspension of your account and you will not be able to access the training programmes, coaching calls or private forums. We will make contact with you for 30 calendar days to collect payment and re-activate your account but if we are not successful we will terminate your account permanently and you will not be able to access the materials again unless you pay in full at the standard purchase price.
You acknowledge and agree that Broadcast Academy’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Broadcast Academy, at its sole discretion, may limit, suspend, or terminate your use of all Broadcast Academy-provided services related to Broadcast Academy’s services and may modify or discontinue all services related to its programmes at its sole discretion. Warranty You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and services available on the Site is at your sole risk and responsibility.
THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
ALL LIABILITY OF BROADCAST ACADEMY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO BROADCAST ACADEMY FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN EUROS (€10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IN NO EVENT SHALL BROADCAST ACADEMY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
No Class Actions
You agree that you will only be permitted to bring claims against Broadcast Academy on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute 9 resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Linking to Other Sites
The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
Termination of Rights
You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Broadcast Academy shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also 10 acknowledge that Broadcast Academy may retain and store your information on Broadcast Academy’s systems notwithstanding any termination of your account or the Online Courses.
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Broadcast Academy’s Copyright Agent with the following information:
* A statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
Broadcast Academy Ltd, Email: [email protected]
The section titles herein are displayed for convenience only and have no legal effect.
This Contract shall be interpreted in accordance with English Law and the parties hereby
submit to the non-exclusive jurisdiction of the English Courts.
In witness whereof and intending to be legally bound hereby, the parties execute this Proposal by their duly authorised representatives as set forth below.
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