Terms & Conditions | Privacy Policy

Terms & Conditions

Revised: March, 1, 2020.

Privacy is a top priority at Digital Media Academy and we are committed to providing a safe and secure environment for all stakeholders. We follow strict privacy practices in regards to how we collect, use, and disclose information. These Terms and Conditions describe our terms and conditions for use of Digital Media Academy Certified Schools and Online Learning Center use facilitated through us (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), and through HTML-formatted email messages (collectively, including the Websites and Apps, the “Services”). By registering for and using the Services, Apps or Website, you agree to the terms and conditions.

WHAT IS DIGITAL MEDIA ACADEMY CERTIFIED SCHOOLS?

Digital Media Academy Certified Schools is a learning platform that provides K-12 schools with a solution to integrate core content area teaching and learning with rich technology skills and concepts.

Copyright and Trademark Policy
Digital Media Academy respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Digital Media Academy Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Paid Services from Digital Media Academy
Digital Media Academy offers paid Services (e.g., Annual Plans) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Digital Media Academy and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Digital Media Academy reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.

Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Digital Media Academy may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Digital Media Academy, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Digital Media Academy Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sad to see you go.

Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE DIGITAL MEDIA ACADEMY PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE DIGITAL MEDIA ACADEMY PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIGITAL MEDIA ACADEMY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE DIGITAL MEDIA ACADEMY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL DIGITAL MEDIA ACADEMY ‘S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY DIGITAL MEDIA ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DIGITAL MEDIA ACADEMY PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DIGITAL MEDIA ACADEMY ‘S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification
You agree to indemnify, defend, and hold harmless the Digital Media Academy Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction
The Services are managed by Digital Media Academy, which is located in Palo Alto, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Palo Alto, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Digital Media Academy may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Digital Media Academy. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers
Digital Media Academy’s Content Providers and integrated services providers are third-party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Referenced Policies

Acceptable Use Policy

Effective: March 1, 2020

Digital Media Academy’s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the Digital Media Academy Terms of Use.
  • Please note that specific Content Offerings may have additional rules and requirements.

You also aren’t allowed to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of the Digital Media Academy platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

 

Refund Policy

Effective as of March 1, 2020.

For details on our refund deadlines and policies, please refer to the information below; note that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who are found to be in violation of these terms. For more information about our refund process, including instructions for requesting a refund, please contact us at info@certifiedschools.com.

For Month-to-Month Subscriptions
Digital Media Academy does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your free trial ends. If you complete a course during the free trial period, Digital Media Academy reserves the right to require you to pay for a one-month subscription in order to receive a Course and/or Specialization Certificate.

Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by Digital Media Academy. You must cancel your subscription before your monthly renewal date to avoid the next billing.
If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Digital Media Academy has no obligation to provide refunds or vouchers for any other Services.

Honor Code

Effective as of March 1, 2020.

All participants in a course must agree to abide by the following code:

  • I will register for only one account, unless expressly permitted to register for additional accounts by Digital Media Academy.
  • My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
  • I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
  • I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Revised: January 1, 2020.

Privacy Policy

Privacy is a top priority at Digital Media Academy and we are committed to providing a safe and secure environment for all stakeholders. We follow strict privacy practices in regards to how we collect, use, and disclose information. This Privacy Policy describes our practices in relation to information that we collect through websites operated by us (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), and through HTML-formatted email messages (collectively, including the Websites and Apps, the “Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy.

WHAT IS DIGITAL MEDIA ACADEMY CERTIFIED SCHOOLS?

Digital Media Academy Certified Schools is a learning platform that provides K-12 schools with a solution to integrate core content area teaching and learning with rich technology skills and concepts. 

ACCOUNT TYPES

In order to be able to become a “Certified School,” a user (“accountholder”) must create an account at https://schools.digitalmediaacademy.org.
An accountholder is required to choose between two types: Free and Paid.
If an accountholder chooses a Free Subscription, he or she becomes a “Free Trial”.
If an accountholder chooses a Paid Subscription, he or she becomes a “Pilot” or a “Certified School”.

PERSONAL INFORMATION WE MAY COLLECT

“Personal Information” is information that identifies an individual or relates to an identifiable person. Our information practices are different with respect to the account type. 

We do not collect any Personal Information from a person who views our platform and is not an “accountholder”.

Personal information we collect from accountholders may include

  • Name and Last Name
  • Title
  • Organization Name
  • Organization Type
  • Website address
  • City
  • Country of residence
  • Email address
  • Paid Subscriptions information

We may collect and process Personal Information in order to provide the requested Services to you, or because we are legally required to do so. If you do not provide the information requested, we may not be able to provide the requested Services.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How we may collect personal information

We and our service providers may collect Personal Information from accountholders in a variety of ways, including:

  • Through the Services: We may collect Personal Information through the Services, e.g., when you create an account, register your credit card information and other financial data that we/our payment processors need to provide the Services, or populate your profile.
  • Offline: We may collect Personal Information from you offline, such as when you contact customer service.
  • From Other Sources: We may receive your Personal Information from other sources, such as Google or Microsoft (if you choose to register using your Google or Microsoft account), public databases, joint marketing partners and other third parties.

How we may use personal information from accountholders

We and our service providers may use Personal Information for business purposes, including the following:

  • For login purposes.
  • To respond to your inquiries and fulfill your requests.
  • To send administrative information to you, such as information regarding the Services and changes to our terms, conditions, and policies.
  • To send you marketing communications that we believe may be of interest to you, subject to your consent if required by applicable law.
  • For our business purposes, such as data analysis, audits, fraud monitoring,  and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • To process your payments for the Services.

How personal information may be disclosed

The Personal Information of accountholders may be disclosed:

  • To our third-party service providers who provide services such as website hosting, data analysis, information technology, and related infrastructure provision, customer service, email delivery, auditing, payment processing, and other services.
  • To identify you to anyone with whom you share space through the Services.
  • By you, on profile pages and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services may be available to other users and the general public. We urge you to be careful when deciding to disclose any information.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Twitter, WhatsApp, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to these or other organizations.

SECURITY

We use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interactions with us are no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give accountholders choices regarding our use and disclosure of their Personal Information for marketing purposes. You may opt-out from receiving marketing-related emails from us on a going-forward basis by clicking the unsubscribe link in any such email.

We try to comply with request(s) as soon as reasonably possible. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important information regarding your account, terms and policy, and administrative messages, from which you cannot opt-out.

RETENTION PERIOD

We keep your personal information for as long as needed or permitted for the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you and provide you Services; (ii) as required by a legal obligation to which we are subject to; (iii) or as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country.

If you are located in the European Economic Area (“EEA”): Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at http://ec.europa.eu). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting us (see below under Contacting Us).

SENSITIVE INFORMATION

We ask that you do not send us or disclose, any sensitive Personal Information (e.g., social security numbers, information related to race or ethnic origin, political opinions, religion or beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. The “REVISED” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

CONTACTING US

If you have any questions, please contact us at info@certifiedschools.com or

Digital Media Academy – Certified Schools
530 Lytton Ave, Second Floor
Palo Alto, CA 94301