Terms of Service
The ACT Academy website (the "Site") is operated by A.C.T. Lighting, Inc.
("ACT", "we", "us" and "our"). ACT offers the
Site, including all information, tools, features and services available on or
through the Site (collectively with the Site, the "Service"), to you,
the user, subject to the terms, conditions, policies and notices stated herein
(these "Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. YOUR ACCESS TO AND USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST ACT IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 17 HEREOF, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A LAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Any new features or tools that are added to the Service shall also be
subject to these Terms of Service. You can review the most current version of
these Terms of Service at any time on this page. We reserve the right, at our
sole discretion, to update, change or replace any part of these Terms of
Service by posting such updated version of these Terms of Service on the Site.
All updates and/or changes will be effective immediately upon posting. We
encourage you to check this page each time you visit the Site. Your continued
use of the Service following the posting of any updates and/or changes to these
Terms of Service constitutes your acknowledgement of those updates and/or
changes.
1. ABILITY TO CONSENT
By using the Service and agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
All content on and comprising the Service, including, but
not limited to, works of authorship, documents, videos, designs, text,
graphics, photos, logos, button icons, images, software, programs, code,
digital downloads, and data compilations; any improvements or modifications to
such content; any derivative works of any of the foregoing; and the collection,
arrangement, and assembly of all data and content on or accessed through the
Service are the property of ACT or its respective licensors, and are protected
by all applicable intellectual property laws.
You may not use, reproduce, perform, display, publish,
adapt, modify, broadcast, transmit, distribute, exhibit, disseminate, license
or sell any of the content (including, but not limited to, all text, audio,
photographs, images, illustrations, renderings, drawings, reports, papers,
research, graphics, charts, logos, widgets, gadgets, applets, other
distributable applications, other visuals, videos and copy), software, code,
data, information and other materials appearing or available on or through the
Service (collectively, "Service Content"), the look and feel, design and
organization of the Service, and the compilation of the Service Content,
including but not limited to any copyrights, trademark rights, patent rights
and other intellectual property and proprietary rights therein without the
prior express written consent of ACT in each instance. Except as expressly set
forth herein, nothing in these Terms of Service shall grant to you or to any
other user any license or right in or to any Service Content or the Service.
The trademarks displayed
on the Service are the trademarks, logos, service marks, and/or trade dress of ACT
or other third parties, and may not be used without the prior express written
permission of the applicable owner. Nothing contained on the Service
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark, logo, service mark or trade name
displayed on the Service without the written permission of the rights holder.
The use of third-party trademarks, logos, service marks or trade names on the
Service does not, in itself, constitute an endorsement of any third party or
its products or services, or such third party's endorsement of ACT or its
products.
You may use the Service Content, solely in the form and
format provided by the Service (and without alteration or removal of any
indicia, notices, content, disclaimers or other terms included in the Service
Content as provided), subject to the terms of the license below.
3. LICENSE TO THE SERVICE AND SERVICE CONTENT
Subject to the terms and conditions hereof, ACT hereby
grants you a non-exclusive, revocable, limited, non-transferable license to
access and make use of the Service, and view, download, copy and print the
Service Content (other than any software and other operational code) that is
made available to you through the Service solely for your own personal,
non-commercial use; provided, that (x) neither the Service Content nor any
indicia, notices, content, disclaimers or other terms therein are altered or
removed; and (y) any information provided to or through the Service by third
parties is used solely for the purpose permitted in this paragraph.
As between you and us, you acknowledge and agree that all
Service Content is confidential information belonging to us, which you shall
keep strictly confidential. You shall not disclose, or use for any
purpose other than as expressly permitted herein, any of the Service Content.
If you are required by law to disclose any Service Content, you shall provide us
with immediate notice of such request so that we may seek confidential
treatment for such information. In the event that such protective order
or other remedy is not obtained, or that we grant a waiver hereunder, you may
furnish only that portion of the Service Content that you are legally required
to disclose and shall seek confidential treatment for such disclosed
information.
In no circumstance shall title to any Service Content, or
other information found through the Service be transferred to you by the
function of this license. Any unauthorized use of the Service, any
Service Content or any intellectual property or information accessed or
available through the Service or Service Content may violate intellectual
property and other laws.
4. LIMITATIONS ON YOUR USE OF THE SERVICE
You agree not to upload or transmit to or via the Service
any information that (i) infringes or otherwise violates any copyright, patent,
trademark, trade secret, or other intellectual property or proprietary right;
(ii) is defamatory, libelous, expresses hate, or is unlawfully threatening;
(iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or
embodies a virus, worm, Trojan Horse, or any other contaminating or destructive
feature; or (v) otherwise violates any applicable treaty, law, or regulation.
Crown Sterling reserves the right to remove any material alleged to be
violating any of the above pending further investigation.
You agree that you will not interfere, in any way, with
others' use of or access to the Service, will not develop, invoke or utilize
any code or other method to disrupt, diminish the quality of, interfere with
the performance of, impair the functionality of, or attempt to reverse engineer
the Service (or any part thereof) or circumvent any security features thereof,
and will not attempt to gain unauthorized access to the content or computer
system of any other site or of any Service user, or any portion of the Service
for which you do not have authorization. You further agree (i) not to use
any software, program, code, algorithm, method, data or data compilation owned
or made available by ACT except as may be implemented in the Service, as
applicable; (ii) not to take any other action in connection with your use of
the Service that violates any treaty, law, or regulation; and (iii) to fully
comply with all applicable treaties, laws, and regulations in your use of the
Service.
You agree not to authorize or encourage any third party to
use the Service to facilitate or engage in any of the prohibited conduct
described in these Terms of Service. You also agree to immediately notify
ACT in the event of an actual or threatened claim that you have violated any of
the terms, conditions, limitations, covenants or agreements contained herein.
You agree to access the Site through a standard Web browser,
and you specifically agree not to use any third-party applications to access
the Service or any page of the Site. You further agree that you will not
use any robot, spider, or other automatic device, manual process, or
application or data mining or extraction tool to access, monitor, copy, or use
the Service. You agree not to take any other action that imposes an
unreasonable or disproportionately large load on the Site or Service.
Except as expressly provided herein, you may not use,
download, upload, reproduce, copy, duplicate, print, display, perform,
republish, sell, license, post, transmit, disseminate, redeliver using "framing
technology," otherwise distribute, or commercially exploit in any way the
Service or any portion thereof or any information or content on the Site or
Service without the prior written consent of ACT. In addition, you
agree not to link to any page of the Site other than the Site's home page.
5. PURCHASING COURSES
By placing an order with us you represent and warrant to us that you are resident in the U.S. or Canada, that you are accessing the Service from the U.S. or Canada, and that you are at least the age of majority in your state or province of residence and legally capable of entering into binding contracts. If you are under the age of majority in your state or province of residence, you may only use the Service with the
involvement of a parent or guardian. All orders placed by you are subject to acceptance by ACT.
6. PRICES AND PAYMENT
The price for all courses
will be as quoted on our Site and we reserve the right, in our sole discretion,
to change the price for any courses at any time, for any reason. The
prices displayed on the Site are quoted in U.S. dollars and are valid and
effective only in the United States and Canada. Prices and availability
information are subject to change without notice. Prices do not include
sales, use, value added, goods and services or harmonized taxes, brokerage costs
or customs duties, where applicable, all of which you agree to pay.
7. USER SUBMISSIONS
Submitting Content
Certain portions of the Site may invite or enable you
to post, upload, embed, display or otherwise communicate text, messages, works
of authorship, documents, videos, suggestions, ideas, your name, likeness, username,
and other information, materials or content owned or created by you
(collectively, "User Submissions").
ACT WILL CONSIDER USER SUBMISSIONS AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND SHALL BE UNDER NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION CONTAINED IN YOUR USER SUBMISSION.
Rights to Submit Content
You warrant and represent that you have (and will
continue to have during your use of the Service) all necessary rights,
licenses, consents and permissions that are required to enable us to use,
reproduce, display and transmit your User Submissions through the Service.
Nature of Content Submitted
In connection with your User Submission, you agree and warrant that:
- you will not submit any User Submission that is subject to any right of a third party including, without limitation:
- copyright, patent, trade mark, trade secret, or other proprietary or contractual right;
- right of privacy or publicity; or
- confidential information
unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Submission and to grant the rights herein;
- neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Service, will infringe upon or violate the rights of any person or entity or any applicable laws;
- you will not submit User Submissions that are unlawful for you to possess in the country in which you are resident, or which it would be unlawful for ACT to use or possess in connection with the provision of the Site or the Service; and
- you will not submit a User Submission that violates Section 4 hereof.
You understand and agree that you are solely responsible for your own User submissions and the consequences of your posting or publishing them.
8. THIRD-PARTY LINKS
Certain links on this Site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy of such third-party websites, and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third
parties. BY CLICKING ON LINKS TO THIRD-PARTY SITES, YOU ACKNOWLEDGE AND
AGREE THAT YOU ARE SUBJECT TO THE TERMS OF SUCH SITES, AND THAT WE HAVE NO
LIABILITY WHATSOEVER WITH RESPECT THERETO.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third
party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third party.
9. Personal Information; User Accounts
Your submission of personal information through the Service is governed by
our Privacy Statement, which is incorporated into these Terms of Service. To
view our Privacy Statement, click here.
By using the Service, you agree to the terms of the Privacy Statement.
If you register an
account on the Service, you:
- must not allow any third party to
access the Service using the email address you provided during the
registration process ("Log-In ID") and password;
- are prohibited from using anyone
else's Log-In ID and password to access the Service;
- are responsible for any use of the
Service by any third party who accesses the Service using your Log-In ID
and/or password;
- will notify us immediately if you
suspect any unauthorized use of the Service or of your Log-In ID and/or
password; and
- are responsible for ensuring that
any information that you provide to us as part of the account registration
process is accurate and is kept up to date at all times, and you will
notify us immediately of any changes to this information.
10. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that
contains typographical errors, inaccuracies or omissions, including without
limitation, those that may relate to course descriptions, pricing, promotions,
and offers. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate, at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date stated
in the Service or on any related website should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
We reserve the right at any time to modify or discontinue the Service (or
any part thereof or content thereon) without notice. We shall not be liable to
you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
11. PROHIBITED USES OF THE SERVICE
In addition to other prohibitions set forth in these Terms of Service, you
are prohibited from using the Site or any Service Content: (i) for any unlawful
purpose; (ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (iv) to infringe upon, misappropriate or
violate our intellectual property rights or the intellectual property rights of
others; (v) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, disability, ancestry, place of origin,
color, citizenship, creed, gender identity, gender expression, marital status,
family status or other protected characteristic under applicable law; (vi) to
submit false or misleading information; (vii) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that could
affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (viii) to collect or track the personal
information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website, at any time and without prior notice, for
violating any of the prohibited uses or these Terms of Service.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. SERVICE OPERATION DISCLAIMER
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR PROFITABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TITLE, AND NON-INFRINGEMENT.
B. SERVICE CONTENT DISCLAIMER
THE SERVICE CONTENT AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ACT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TITLE AND NON-INFRINGEMENT. ACT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACT UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
C. LIMITATION OF LIABILITY
IN NO CASE SHALL ACT , OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DATA BREACHES, IDENTITY THEFT, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY PART OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SERVICE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY SERVICE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF, RELATED TO OR BASED UPON YOUR USE OF THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID US.
13. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend and hold
harmless ACT and our parent, subsidiaries, affiliates, partners, officers,
directors, employees, agents, representatives, contractors, subcontractors,
suppliers, service providers, licensors, successors and assigns, harmless from
and against any claim, demand, action or proceeding of any kind, and from any
and all damages, judgments, losses, liabilities, costs and expenses (including
reasonable attorneys' fees and expenses, including any incurred in enforcement
of this indemnity), relating to or arising out of: (i) your use of the Service;
(ii) your breach or alleged breach of these Terms of Service or the documents
they incorporate by reference; and/or (iii) your violation of any law or the
rights of a third-party.
14. COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe that
your work has been copied in a way that constitutes copyright infringement, or
that your intellectual property rights have been otherwise violated, please
provide our copyright agent with the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property
that you claim has been infringed;
(c) a description of where the material that you claim is infringing is
located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner, its
agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or acts are
evident. Our copyright agent for notice of claims of copyright or other
intellectual property infringement can be reached as follows:
Katten Muchin Rosenman LLP
575 Madison Avenue
New York, New York 10022
Attn: Jessica M. Garrett, Esq.
15. GEOGRAPHIC SCOPE
We operate and control this Site from within the United States. The
Service is intended to promote only those courses that are offered and sold by ACT
to customers located in the United States, its territories and possessions, and
Canada. To the fullest extent permissible by applicable law, ACT does not
represent that materials on the Service or the course offerings described
thereon are appropriate or available for use in other locations, and access to
the Service and/or the Service Content from territories where their content is
illegal is prohibited. Persons who choose to access the Service from
other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of
any other remaining provisions.
17. TERMINATION
These Terms of Service are effective unless and until terminated in
accordance with the terms of these Terms of Service.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we may (i)
terminate these Terms of Service at any time without notice and you will remain
liable for all amounts due up to and including the date of termination, if any;
and/or (ii) deny you access to our site or the Service (or any part thereof).
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of these Terms of Service for
all purposes.
18. DISPUTE RESOLUTION
To the extent permitted
by law, any dispute relating in any way to your use of the Service or to courses
you purchase through the Service or from ACT shall be submitted to confidential
arbitration in Los Angeles, California; except that, to the extent you have in
any manner violated or threatened to violate ACT's intellectual property rights
or other proprietary rights or have taken any action that has or may violate
the security or proper functioning of the Service or any Service Content, ACT
may seek injunctive, monetary or other appropriate relief in any state or
federal court in the State of California (and ACT may assert both intellectual
property causes of action and other appropriate causes of action in any such
action), and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. The arbitrator is authorized to grant ACT its reasonable fees and
costs (including reasonable attorney's fees) incurred by ACT in any action to
enforce these Terms of Use. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT, AND WAIVE YOUR RIGHT TO PROCEED BEFORE A JURY. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ARBITRATION UNDER THIS PROVISION SHALL BE SOLELY BETWEEN ACT AND YOU ON AN INVIDIVUAL BASIS AND THERE CAN BE NO CLASS OR OTHER REPRESENTATIVE ARBITRATION. THIS MEANS THAT YOU WILL HAVE NO RIGHT TO REPRESENT OR ACT WITH OR ON BEHALF OF ANYONE OTHER THAN YOURSELF IN ANY ARBITRATION.
19. ENTIRE AGREEMENT; NO WAIVER
Our failure to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
the Site or in respect of the Service constitute the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against us as the drafting party.
20. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
products or services shall be governed by and construed in accordance with the
laws in effect in the State of California, without regard to its conflicts of
law principles.
21. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and/or changes to the
Site. All updates and/or changes will be effective immediately upon
posting. It is your responsibility to check our website periodically for
changes. Your continued use of or access to the Service following the posting
of any updates and/or changes to these Terms of Service constitutes acceptance
of those updates and/or changes.
22. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at academyhelp@actlighting.com.
Last updated: November 15, 2017
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Privacy Statement
The ACT Academy website (the "Site") is operated
by A.C.T. Lighting, Inc. ("ACT", "we", "us" and "our").
ACT offers the Site, including all information, tools, features and services
available on or through the Site (collectively with the Site, the "Service"),
to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated herein (this "Privacy Statement").
Please read THIS PRIVACY STATEMENT
carefully before accessing or using the Service. Your access to and use
of thE Service constitutes your ACCEPTANCE OF, AND agreement to BE BOUND BY,
THE TERMS OF THIS PRIVACY STATEMENT. If you do not agree to all of the
terms and conditions in this Privacy Statement, then you may not access or use
the Service.
You can review the most current version of this Privacy Statement at any
time on this page. We reserve the right, at our sole discretion, to update,
change or replace any part of this Privacy Statement by posting such updated
version of this Privacy Statement on the Site. All updates and/or changes
will be effective immediately upon posting. We encourage you to check
this page each time you visit the Site. Your continued use of the Service
following the posting of any updates and/or changes to this Privacy Statement
constitutes your acknowledgement of those updates and/or changes.
1. WHAT INFORMATION DO WE COLLECT?
A. INFORMATION YOU GIVE US
When you create an account on the Service or purchase products through the
Service, we collect the personally identifiable information you give us, such
as, without limitation, your name, email address, and phone number
(collectively, "PII"). In the event that you contact us for
support through the Service, we may also request additional information
relevant to the support requested.
B. INFORMATION WE AUTOMATICALLY COLLECT
Other information may be collected and stored using automated methods when
you participate in certain features of the Service (collectively, "Other
Information"). Such Other Information includes, without limitation,
your computer's, mobile device's or consumer electronic device's internet
protocol (IP) address or other unique identifier, your Internet service
provider, your domain server, your type of computer, mobile device or consumer
electronic device, your type of web browser and operating system, your
geographic location, your traffic sources, your activity on the Service, and
statistical information regarding the pages that you visit, content usage and
software installation.
2. CONSENT
A. HOW DO YOU GET MY CONSENT TO COLLECT AND USE PII?
When you provide us with PII to create a user account, place an order, or request
support, you are consenting to our collection and use of such PII for that
specific reason only. We will not use your PII for a secondary reason,
such as marketing, unless we ask you directly for your express consent to use
your PII for that secondary purpose.
Any direct request for your express consent to use your PII for a specified
secondary purpose will be made by ACT. Our mailing address is 2313 N
Valley Street, Burbank, California 91505, and our email address is academyhelp@actlighting.com.
Each such request will include a statement that you can withdraw your
consent at any time, in accordance with Section 2(B),
below.
B. HOW DO I WITHDRAW MY CONSENT?
If you have an existing business relationship with us or have previously
provided consent to receive email communications, you may opt-out of receiving
email communications from us (other than those we send in connection with an
order) at any time by (i) following the "unsubscribe" instructions in any email
or (ii) sending us an email at academyhelp@actlighting.com.
You may also remove your
personal information from our active database, subject to any applicable laws
requiring retention. If you wish to delete your personal information from
our active database, please email us at academyhelp@actlighting.com. We
are not responsible for removing information from third-party lists or
databases of any kind, unless explicitly required to do so under applicable
law. Please understand that it may take us a few days to process any
opt-out request and that even if you opt-out of receiving promotional
correspondence from us, we may still contact you in connection with your
relationship, activities, transactions and communications with us.
3. HOW DO I REVIEW OR CHANGE MY INFORMATION?
You may review, update or modify certain of the PII that is stored in our database by emailing us at academyhelp@actlighting.com,or through your account settings on the Service. If you send us a request via email, we may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies or delete any information. Your right to delete your information is subject to our records retention policies. We are not responsible for updating information contained in third-party lists or databases, unless explicitly required to do so under applicable law.
4. WHAT DO WE DO WITH YOUR INFORMATION?
We or one of our third
party service providers may use the information collected from and about you
for a variety of purposes, including without limitation:
- processing and fulfilling your
transactions;
- operating and managing the Service
and your account with us;
- responding to your requests,
questions, and concerns;
- sending you surveys about our
courses and analyzing your responses thereto;
- evaluating Site usage and
navigation;
- developing new features and
offerings on the Service to improve the Service;
- sending you marketing
communications, including information about other courses and services that
we think might interest you; and
- protecting our rights and
property.
To perform the above
functions, we may match information collected from you through different means
or at different times, including PII and Other Information, and use such
information along with information obtained from other sources (including third
parties) such as demographic information and updated contact information.
We or our third party service providers may also use your information to assess
the level of interest in, and use of, the Service, our e-mails and our other
messaging campaigns, both on an individual basis and in the aggregate.
The information that ACT
collects about you will be used and stored in the United States, and will be
accessible to customer service and sales employees who have a need to know such
information to perform their duties. Such information may be accessed by
the courts, law enforcement and national security authorities in the
jurisdiction where it is stored or processed, in accordance with applicable laws.
5. WITH WHOM DO WE SHARE YOUR INFORMATION?
We may share the information we collect from and about you
with third parties in the following circumstances:
- As necessary for third parties to
assist us in providing and operating the Service, including without limitation,
maintaining and managing customer information, communicating with
customers and processing customer transactions.
- With third parties with whom we
engage in co-marketing activities.
- If all or a portion of our
business is acquired by one or more third parties as a result of an
acquisition, merger, sale, reorganization, or similar event, your PII may
be transferred to the third party as a result of that event.
- When we believe that disclosure is
necessary to protect our rights or the rights of other visitors, and/or to
comply with a judicial or regulatory proceeding, court order, legal
process, government request, or in similar circumstances.
- Where otherwise required or
permitted under applicable law.
We use service providers in the United States to collect, use, disclose and
store personal information on our behalf, for the purposes described in this
Privacy Statement. We do not authorize unaffiliated third parties to make
use of your PII other than as set forth in this Privacy Statement.
6. CREDIT CARD PROCESSING
When you make a purchase through the Service and check out, you will be asked
to provide payment information. Our payment processor, Stripe, Inc. ("Stripe"),
will capture your payment information in order to process your order. We
do not collect or store any of your payment information.
Stripe adheres to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort among brands like Visa,
MasterCard, American Express and Discover. PCI-DSS requirements help
ensure the secure handling of credit card information by Stripe and its service
providers.
For more information, you may also want to read Stripe's Services Agreement,
available at https://stripe.com/us/legal, or Stripe's Privacy Policy, available
at https://stripe.com/us/privacy.
7. THIRD-PARTY SERVICES
We maintain a presence on
several social networking platforms, such as Facebook and Google+, and some of
their features may be incorporated into the Service. For instance, you
may use your Facebook or Google+ account to register a user account on the
Site. Through these platforms and features, we may receive some PII and
Other Information about you (in accordance with your social networking account
privacy settings), and this Privacy Statement applies to that information as
well. In addition, third party social networking platforms have their own
privacy policies which explain how those third parties will use and protect
your information. We encourage you to read those policies to understand
how your information is treated by such social networking platforms.
Once you leave our Site or you are redirected to a third-party website or
application, you are no longer governed by this Privacy Statement or our Terms of Service.
8. THIRD-PARTY LINKS
Certain links on this Site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy of such third-party websites, and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third
party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third party.
9. SECURITY
In an effort to protect your PII, we take reasonable precautions and follow
industry standards designed to avoid it being stolen or inadvertently or
illegally lost, misused, accessed, copied, disclosed, altered or
destroyed. HOWEVER, NO METHOD OF SECURING DATA IS FOOLPROOF OR COMPLETELY
EFFECTIVE, AND THIRD PARTIES MAY UNLAWFULLY ACCESS OR INTERCEPT DATA
TRANSMISSIONS, COMMUNICATIONS OR STORED DATA, AND MAY UNLAWFULLY USE THE DATA.
THUS, ALTHOUGH WE TAKE REASONABLE MEASURES TO PROTECT YOUR INFORMATION, WE DO
NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION WILL REMAIN PRIVATE OR SECURE.
If you create an account
through the Service, you will be asked to provide an email address and
password. You are responsible for maintaining the strict confidentiality of
your account information and password and for restricting access to such
information. You accept all responsibility for all activities that occur
under your account credentials, whether or not you authorized such
activity. Be sure to sign off when finished using a shared
computer. Please notify us promptly at academyhelp@actlighting.com of any
unauthorized use of your password or account or any other breach of security.
If we believe that the security of your PII may have been compromised, we
may seek to notify you of that development. If a notification is appropriate,
we will notify you in accordance with applicable law and governmental
guidelines. If we have your e-mail address, you may be notified by e-mail. You
consent to the use of e-mail as a means of such notification.
10. COOKIES
We use "cookies" and/or other persistent identification
methods (collectively, "Persistent IDs") to enhance your experience on
the Service and to improve the structure, content and offerings on the
Service. "Cookies" are pieces of information that the Service sends to
your browser while you are visiting and using the Service to store your
preferences. Other Persistent IDs use different technologies and methodologies.
You can change your privacy preferences regarding the use of cookies and
other technologies through your browser, including blocking all cookies and
disabling other Persistent IDs (though not all Persistent IDs may be disabled
by such methods). However, blocking all Persistent IDs may prevent you
from using all of the features of the Service and other websites and
services.
Certain browsers offer a "do not track" feature that tells websites that you
don't want your online activity to be tracked. At this time the Site does
not recognize automated browser signals regarding tracking mechanisms, which
may include "do not track" instructions.
11. ABILITY TO CONSENT
By using the Service and agreeing to this Privacy Statement, you represent
that you are at least the age of majority in your state or province of
residence.
This Site is not intended
for users under the age of majority in your jurisdiction. Furthermore, we
have no intention of collecting PII from children (i.e., individuals under the
age of 13). If we learn that a user under the age of 13 has provided us
with PII, other than as permitted by law, we will delete such information from
our database. If a child has provided us with PII, that child's parent or
guardian should contact us at academyhelp@actlighting.com or send us a letter
marked "Privacy - Urgent" to the address below.
12. CALIFORNIA AND CANADA PRIVACY RIGHTS
If you are a resident of California, you may make a written request to us
about how we have shared your PII with select third parties for their direct
marketing purposes, and if you are a resident of Canada, you may make a written
request to us about how we have shared your PII with any third party. In
response to your written request, we will identify the categories of
information shared, if any, and will include a list of the third parties and affiliates
with which it was shared, along with their names and addresses and any other
information you are entitled to request under applicable law. Please submit a
written request by email at academyhelp@actlighting.com, or by mail at A.C.T.
Lighting, Inc., 2313 N Valley Street, Burbank, California 91505.
13. GEOGRAPHIC SCOPE
We operate and control this site from within the United States. The
Service is intended to promote only those courses that are offered and sold by ACT
to customers located in the United States, its territories and possessions, and
Canada. To the fullest extent permissible by applicable law, ACT does not
represent that materials on the Service or the course offerings described
thereon are appropriate or available for use in other locations, and access to
the Service and/or the Service Content from territories where their content is
illegal is prohibited. Persons who choose to access the Service from
other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
You should be aware that the United States and other countries have not
harmonized their privacy laws or regulations. This Privacy Statement is
intended to comply with United States and Canadian laws and regulations.
If you are accessing the Service from outside of the United States or Canada,
you agree to be subject to United States and Canadian legal requirements, as
applicable, and to the level of privacy protection set forth in this Privacy Statement.
IF YOU DO NOT AGREE TO THE FOREGOING, YOU MAY NOT USE THE SERVICE.
14. CHANGES TO THIS PRIVACY STATEMENT
You can review the most current version of this Privacy Statement at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of this Privacy Statement by posting updates and/or changes to the
Site. All updates and/or changes will be effective immediately upon
posting. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Service following the posting of any
updates and/or changes constitutes acceptance of those updates and/or changes.
15. QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information
we have about you, register a complaint, learn about our service providers
located in the United States or Canada, or request more information about our
privacy practices, please contact our privacy officer by email at academyhelp@actlighting.com,
or by mail at A.C.T. Lighting, Inc., 2313 N Valley Street, Burbank, California
91505.
Last Updated: November 15, 2017
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