Statement of Rights and Responsibilities -User Agreement and Participation Rules
Inspirational Learning Academy (ILA) / 12th SPACE
(updated March 27, 2009)
You have trusted us to make a safe quality learning experience for yourself and/or your children. This trust is important to us. We appreciate any feedback you have on where you feel that we have not lived up to your expectations.
This Statement of Rights and Responsibilities - User Agreement and Participation Rules (“Statement”) governs our relationship with users and others who interact with 12th SPACE, a project of Inspirational Learning Academy. By using or accessing 12th SPACE, you agree to this "Statement".
Be sure to carefully read and understand all of the rights and restrictions described in this "Statement". Potential participants and parents or subscribers are asked to review and either accept or not accept the terms of the "Statement". Users cannot enroll in ILA / 12th SPACE learning programs without accepting the terms of this "Statement".
This "Statement" is a legal agreement between you (the "Parent" or "Participant" on behalf of yourself and/or the minors to whom you grant usage privileges) and Inspirational Learning Academy for the ILA/12th SPACE program and service, which may include associated media, printed materials and documentation. By subscribing to and enrolling in the program, you agree to be bound by the terms of this "Statement" for the service. By checking the "I Agree" box, you are consenting to ILA’s use of the registration information to set-up your children’s logins if needed, (b) the collection and use of your child's performance data to manage their learning path as described in this Agreement, and (c) the terms and conditions of use and payment for the ILA/12th SPACE Service described in this Agreement. If you have questions about this Agreement, contact ILA at Jimmy@InspirationalLearning.org.Statement of Rights and Responsibilities -User Agreement and Participation Rules
Inspirational Learning Academy (ILA) / 12th SPACE
(updated March 27, 2009)
You have trusted us to make a safe quality learning experience for yourself and/or your children. This trust is important to us. We appreciate any feedback you have on where you feel that we have not lived up to your expectations.
This Statement of Rights and Responsibilities - User Agreement and Participation Rules (“Statement”) governs our relationship with users and others who interact with 12th SPACE, a project of Inspirational Learning Academy. By using or accessing 12th SPACE, you agree to this "Statement".
Be sure to carefully read and understand all of the rights and restrictions described in this "Statement". Potential participants and parents or subscribers are asked to review and either accept or not accept the terms of the "Statement". Users cannot enroll in ILA / 12th SPACE learning programs without accepting the terms of this "Statement".
This "Statement" is a legal agreement between you (the "Parent" or "Participant" on behalf of yourself and/or the minors to whom you grant usage privileges) and Inspirational Learning Academy for the ILA/12th SPACE program and service, which may include associated media, printed materials and documentation. By subscribing to and enrolling in the program, you agree to be bound by the terms of this "Statement" for the service. By checking the "I Agree" box, you are consenting to ILA’s use of the registration information to set-up your children’s logins if needed, (b) the collection and use of your child's performance data to manage their learning path as described in this Agreement, and (c) the terms and conditions of use and payment for the ILA/12th SPACE Service described in this Agreement. If you have questions about this Agreement, contact ILA at Jimmy@InspirationalLearning.org.
We respect your privacy and will ensure that any personal information you submit to us will remain private and secure: we will not sell, license, or provide this information to third parties. ILA is dedicated to the fundamentals of protecting you and your children's privacy on the Internet. We've developed our privacy practices from guidelines established by the Children's Advertising Review Unit (CARU) and in compliance with the requirements established by the Children's Online Privacy Protection Act (COPPA).
Any personal information shared or sent to us is given by you and/or parents or guardians and serves the purposes we outline below. Children under the age of 18 must be signed up by their parents or guardians and these parents or guardians must provide the identifying information to us.
To help you understand the steps we take to ensure a safe and rewarding online experience for yourself and/or your child, we have summarized our information practices below. We explain what data we collect, why we collect it, and how we identify you and/or your children when you use our service. Our commitments:
* We do not share your personal data with any outside group.
* Children using the ILA 12th SPACE service have been pre-approved through accounts set up by their parents. We do not ask children for personal identifying information upon session log in.
* We will communicate with you only in matters related to 12th SPACE and the ILA mission, not to market unrelated products.
* If you send us an e-mail with a question or comment, we will write back using your e-mail address.
PARENTAL CONSENT
I certify that I am over the age of 18 and the parent or legal guardian of the child that I am registering to use the Subscription Service. I agree that ILA may use the information it collects during registration and from performance data directly from my child’s performance on learning activities and/or pre and post assessments to help ILA formulate and manage my child’s learning path. Additionally, I agree that this data can be used, in an anonymous aggregated form, to build ILA’s statistical database. I understand that ILA is not obligated to provide service to all and may limit its membership at its sole discretion for its commercial purposes.
I give full permission to my child to use the 12th SPACE Social Network website. Participant Rules:
DO's Participants must use a headset w/microphone so that session is not to audible to any person not enrolled in the module.
Show up on time... leaving early is OK, just let us know before leaving.
Keep all information from other participants confidential unless permission is given
Communicate honestly and sincerely Participants agree to complete pre and post surveys for each module or program by the dates requested DONT's
Parents or friends are not allowed to listen in on sessions - session must remain inaudible to any people not enrolled in the module - NO EXCEPTIONS.
Recording sessions is NOT allowed. Any recordings made by ILA are strictly for program development, evaluation, and research purposes only..
No swearing, lying, profanity, or verbal attacks on other participants
Don't be under the influence of alcohol, drugs, or other substances (legal or illegal) that alter the normal function of the mind, body, and emotions.
Violations of any of these agreements may end in participant expulsion of module or program without refund.
Billing and Financial Policies
Cancellation Policy
Participants with cancellations made a minimum of 5 days (120 hrs) prior to module start date will be given module credit to be used within 90 days. Cancellations made fewer than 5 days (120 hrs) prior to start date receive no credit or refund. Extenuating circumstances are the exception for both of these policies and can be negotiated directly with the ILA director or assistant director. Cancellation is by an email to Jimmy@InspirationalLearning.org in addition to a phone call with detail message to 928-300-7170.
Your right to use ILA programs is subject to ILA/International Humanities Center receiving payment from your credit card or alternate means. If payment is not received by ILA/International Humanities Center for any reason, including charge back, ILA reserves the right to suspend or terminate your agreement.
Make Up Sessions
There are no make-up's for missed sessions of 12th SPACE. Considerations will be worked out in cases of extenuating circumstances- each case will be handled individually.
Refunds
Enrolled (paid) participants have a choice of receiving either a refund or credit if 12th SPACE cancels or fails to deliver the module that you've paid for.
Payments and Billing Security
ILA payments are made securely online through International Humanities Center using technology that sends credit card data in encrypted code.
Special Offers and Price Changes
ILA may run special offers periodically. These offers are subject to change at any time.
Passwords
Your password gives you access to the live online learning modules. Please take appropriate measures to keep your password confidential and do not share it with third parties. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise ILA who will issue a new password and eliminate the previous one.
If you have questions or comments on our policy, we would like to hear from you. Jimmy@InspirationalLearning.org or 928-300-7170
Children on the internet should be closely supervised and instructed about security. We recommend that parents provide the following information to all children: Kids' Rules for Online Safety.
ILA does not disclose any personal information to outside parties. ILA has appropriate security measures in place to safeguard against unauthorized access to the personal information collected at our Web site, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections.
What about the collection of information by third parties?
Our web site may contain links to web sites not maintained by ILA. Although we do our best to ensure that such web sites maintain the highest standards for privacy policy, the privacy and data collection practices on any linked web sites are entirely separate from ILA and are not covered by this Privacy Policy.
What security measures do we take?
ILA has taken reasonable steps to ensure that all information received from our online visitors remains as secure as possible against unauthorized access and use. All personal information provided by customers is kept in ILA secure database, and is protected by our security measures, which are periodically reviewed. Bear in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.
Privacy Guidelines
All ILA programs including 12th SPACE exists to serve and provide a safe positive experience for children and adults. To ensure this, we work with the following.
* We do not collect online contact information directly from children. Without prior parental consent, online information will only be used to respond directly to the child's request and will not be used for other purposes.
* We do not distribute to third parties any personally identifiable information without prior parental consent.
* We do not give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.
* We try to avoid providing access to any web sites which request personal information such as emails or addresses of the users.
* We do not entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the learning.
If you believe that your work is accessible on the ILA website in a way that constitutes copyright infringement, you may notify ILA by providing ILA (Jimmy@InspirationalLearning.org) the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the ILA site where the material that you claim is infringing is located;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Additional Terms of Agreement:
1. Safety
We do our best to keep 12th SPACE safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1.1 You will not expose, send or otherwise post unauthorized commercial communications to participants (such as spam).
1.2 You will not collect participants’ information, or otherwise access 12th SPACE, using automated means (such as harvesting bots, robots, spiders, or scrapers).
1.3 You will not transmit viruses or other malicious code.
1.4 You will not bully, intimidate, or harass any participant.
1.5 You will not expose or post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
1.6 You will not promote alcohol-related or other mature content without appropriate age-based restrictions.
1.7 You will not use 12th SPACE to do anything unlawful, misleading, malicious, or discriminatory.
1.8 You will not facilitate or encourage any violations of this Statement.
2. Registration and Enrollment/Account Security
12th SPACE participants provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to enrollment, registering and maintaining the security of your participation:
2.1 You will not provide any false personal information on 12th SPACE, or create a profile for anyone other than yourself without permission.
2.2 You will not use 12th SPACE if you are under 13.
2.3 You will not use 12th SPACE if you are a registered sex offender.
2.4 You will keep your contact information accurate and up-to-date.
2.5 You will not share your enrollment, password, or let anyone else act on your behalf within the 12th SPACE.
2.6 You will not transfer your enrollment to anyone.
3. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
3.1 You will not expose, post content or take any action in 12th SPACE that infringes someone else’s rights or otherwise violates the law.
3.2 If you collect information from other 12th SPACE participants, you will: obtain their consent, make it clear you (and not 12th SPACE) are the one collecting their information, and expose/post your privacy policy.
3.3 You will not expose or post anyone’s social security, driver’s license, credit card, debit card, or bank account numbers or other similar content in 12th SPACE.
4. Amendments
4.1 We can change this "Statement" so long as we provide you notice through 12th SPACE (unless you opt-out of such notice) and an opportunity to comment.
4.2 We can make changes for legal or administrative reasons upon notice without opportunity to comment.
5. Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of 12th SPACE to you. We will generally try to notify you, but have no obligation to do so.
6. Disputes
6.1 You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or 12th SPACE in a state or federal court located in Arizona. The laws of the State of Arizona will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Arizona for the purpose of litigating all such claims.
6.2 If anyone brings a claim against us related to your actions or your content on 12th SPACE, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
6.3 WE TRY TO KEEP 12th SPACE SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING 12th SPACE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT 12th SPACE WILL BE SAFE OR SECURE. 12th SPACE IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, INSPIRATIONAL LEARNING ACADEMY, INTERNATIONAL HUMANITIES CENTER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR 12th SPACE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR 12th SPACE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 12th SPACE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Definitions
7.1 By “12th SPACE” we mean the programs, features, products and services we make available, including through (a) our website at www.InspirationalLearning.org and any other 12th SPACE branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices, communication means, or networks now existing or later developed.
7.2 By “us,” “we” and “our” we mean 12th SPACE and/or its affiliates including Inspirational Learning Academy and International Humanities Center.
7.3 By “Participant” we mean an individual who is officially and correctly enrolled in a current 12th SPACE program.
8. Other
8.1 This Statement makes up the entire agreement between the parties regarding 12th SPACE, and supersedes any prior agreements.
8.2 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
8.3 If we fail to enforce any of this Statement, it will not be considered a waiver.
8.4 Any amendment to or waiver of this Statement must be made in writing and signed by us.
8.5 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
8.6 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8.7 Nothing in this Agreement shall prevent us from complying with the law.
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