Terms and Conditions

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”)

 

  1. Time Estimates: 6 or 12 months, with the possibility to extend for additional fees.

The parties agree as follows:

  1. The Product

As part of an offer to the Company, it is the ‘Level Up in Broadcast’ product (“Product”), or ‘Lithium X’ comprising:

  1. ‘Level Up in Broadcast’ On-Demand – 12-week training programme of videos/audios/downloads/templates/contacts
  2. Evergreen access to the On-Demand product number 1 above as long as this business is trading
  3. Level Up Community – 24/7 access for six months or one year for you to post asking for advice from the Broadcast Academy consultants in the private group online forum
  4. Broadcast Academy Live Advise – Q&A group calls
  5. Future improvements to the Product

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.

  1. Delivery and Onboarding

After full execution of this agreement, Company shall get access to the Product no later than one (1) business day.

  1. Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

  1. Indemnification

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.

  1. No offer or advice

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.

  1. No reliance

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.

  1. Disclosure 

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.

  1. Outcome

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.

  1. Media Release

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.

  1. Term and Termination

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.

  1. Usage

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.

  1. Honest User Policy

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:

  1. Watch the first full week of videos
  2. Ask the Broadcast Academy team for help in our private group, introduce Company to live Q&A calls and have access to our coaches personally where Company can talk with them 1on1, live, at least twice per week, have them review Company’s situation at no extra cost to Company.
  3. Email [email protected] for admin help if they can’t access the programme
  4. Make an honest attempt: This means Company put in effort in over the 7 (non-business day) period. An example of an “honest” attempt would be applying work over a 7-day period and participating in the training, doing any homework, focusing on listening and applying training on how to do so. A dishonest attempt would be waiting until day 7 and then throwing it all together and downloading our proprietary data. The Broadcast Academy can see exactly which content an end user watches and downloads on our back end system. If our support staff can clearly see the member has not put in an honest effort, they reserve the right to deny any refund
  5. If the completed “Week One” has been illegally downloaded such as the videos, audio files, templates and Downloads, we reserve the right to deny any refund
  6. If the end user has watched any videos beyond “Week One” (So Week Two onwards) we reserve the right to deny any refund
  7. If we choose to refund, all downloaded data must be fully eliminated from the Company’s servers and systems. Proof of data deletion which may involve a self-audit must be provided for complete proof of data deletion from all Company’s online or offline systems, in the event of a refund.

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.

Broadcast Academy Ltd was established in 2013 and is a company organised under the laws of England and Wales with principal offices at Broadcast Academy Ltd, International House, 24, Holborn Viaduct, London, EC1A 2BN, England, United Kingdom (collectively, “we,” “us” or “Broadcast Academy”) provides you access to the Broadcast Academy services (“Services”) including its applications and websites, available online globally, and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Courses”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses. 

 

You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you under 18 years of age, then do not use the Site or Online Courses.

 

Your Acceptance of These Terms of Use

 

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with Broadcast Academy for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Broadcast Academy). 

 

The term “User” refers to a Visitor or a Subscriber. You are authorised to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

 

BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH BROADCAST ACADEMY OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. BROADCAST ACADEMY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES. 

 

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Broadcast Academy on a Site.

 

User Communications

 

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). 

 

As part of our service agreements, Third Party Analytics may collect and aggregate publicly available contact and social information that may be related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience with us. Each Third Party Analytics’ services are governed by their respective terms of use and privacy policy which can be found at www.BroadcastersAcademy/privacy. If you would like to opt out of having this information collected by or submitted to a Third-Party Analytics provider, please contact us. 

 

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,

 

We reserve the right to terminate your use of the Services and your enrolment in the Online Courses, to the extent applicable. In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes. 

 

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy. By registering, you agree that:

 

  • You are registered for the course only once and will not share your login information with any other person regardless of affiliation
  • If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund.
  • You will abide by these Terms of Use.

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 

As a condition of accessing the Site and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use Broadcast Academy’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses. 

 

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”):

 

  • That is obscene, fraudulent, indecent, or libellous or that defames, abuses, harasses, discriminates against, or threatens others.
  • That is trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  • That interferes with a user’s business or services; • that takes any action that may undermine online reviews or feedback.
  • That contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • That you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • That consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
  • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party.
  • That violates the rights of other Users of the Site; or
  • That violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity. 

Intellectual Property Rights 

 

The Services are owned and operated by Broadcast Academy and its licensors. Broadcast Academy reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that Broadcast Academy shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Broadcast Academy to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

 

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. 

 

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Broadcast Academy may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. 

 

Broadcast Academy and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks. License to Use the Site and Online Courses Subject to your compliance with these Terms of Use, Broadcast Academy hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilise the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools. 

 

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 

 

The Online Courses may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or Broadcast Academy. You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which Broadcast Academy provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use.

 

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

(c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Broadcast Academy in any manner, though Broadcast Academy reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication tools, Broadcast Academy may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

 

Payment Terms

 

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.

 

Services Availability

 

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. 

 

Broadcast Academy does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason. Indemnity You agree to indemnify, defend and hold harmless Broadcast Academy, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, programme, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

 

Termination of Rights

 

You agree that Broadcast Academy, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if Broadcast Academy believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorised Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. 

 

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:

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;
  • A description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
  • A description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses; International House, 24, Holborn Viaduct, London, EC1A 2BN,

* 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

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf. Broadcast Academy’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent:

 

Broadcast Academy Ltd, Email: [email protected]

 

Miscellaneous Provisions

 

Broadcast Academy may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Broadcast Academy. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of England and Wales, as it is applied to agreements entered into and to be performed entirely within England and Wales and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Broadcast Academy, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be subject only to the jurisdiction of the courts located in County of England and Wales. Broadcast Academy makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations.

 

Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality 11 discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Broadcast Academy shall have no liability under these Terms of Use to the extent arising from any failure of Broadcast Academy to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, pandemics, governmental act or court order, national emergency, strikes or labour disputes or any other event beyond Broadcast Academy’s reasonable control. Broadcast Academy shall not be responsible for damage or other problems caused by any unauthorised change to these Terms of Use made by way of hacking or cracking this page.

 

Any delay or failure on the part of Broadcast Academy to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. 

 

These Terms of Use constitute the entire agreement between you and Broadcast Academy relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Broadcast Academy or through a specific writing between you and Broadcast Academy. Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses: Broadcast Academy Ltd, 24. Holborn Viaduct, London, EC1A 2BN, England, United Kingdom.

 

The section titles herein are displayed for convenience only and have no legal effect.

 

Law

 

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.

Contact

Broadcast Academy
International House
24 Holborn Viaduct
London
EC1A 2BN
United Kingdom

+44 (0)7900 981751

[email protected]

2022 © The Broadcast Academy Ltd. All rights reserved