Terms of Service
Last Updated: 14th September 2017
PLEASE READ THIS DOCUMENT CAREFULLY. The Experience Accelerator SARL ("The Experience Accelerator," "we," or "us") offers an online learning platform incorporating role play, video recording and feedback analysis through its website located at www.theexperienceaccelerator.com which is called the "The Experience Accelerator Service". By registering as a member or by using The Experience Accelerator Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and The Experience Accelerator. If you do not wish to be bound by this Agreement, we respectfully ask you not to use the Experience Accelerator Service.
- Who May Use the Experience Accelerator Service
- License to Use The Experience Accelerator Service
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Content Restrictions
- Code of Conduct
- Licenses Granted by You
- Your Representations and Warranties
- Limitation of Liability
- Compliance Notice Pursuant to 18 U.S.C. ยง 2257
- General Provisions
1. Who May Use the Experience Accelerator Service
AGE REQUIREMENT: You must be at least 13 years old to use The Experience Accelerator Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use The Experience Accelerator Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use The Experience Accelerator Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of The Experience Accelerator Service. If your child is using The Experience Accelerator Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether The Experience Accelerator Service is appropriate for your child, please contact us us immediately at the following email address: email@example.com
WARNING: Even if you are old enough to use The Experience Accelerator Service and/or have your parent's or guardian's permission, some of the content available within The Experience Accelerator Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.
2. License to Use The Experience Accelerator Service
LICENSE:The Experience Accelerator grants you a limited, non-exclusive license to access and use The Experience Accelerator Service for your own personal, non-commercial purposes. This includes the right to view content available on The Experience Accelerator Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use The Experience Accelerator Service for commercial purposes unless by prior written arrangement.
RESTRICTIONS: Except as expressly permitted by The Experience Accelerator in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble The Experience Accelerator Service or any source code therein. Nor will you attempt to circumvent any of The Experience Accelerator's technical measures or take any measures to interfere with or damage The Experience Accelerator Service. All rights not expressly granted by The Experience Accelerator are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use The Experience Accelerator Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to The Experience Accelerator and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using The Experience Accelerator Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at the following email address: firstname.lastname@example.org
5. Subscriptions and Purchases
CANCELATION AND REFUNDS:Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by The Experience Accelerator. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us at email@example.com.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. The Experience Accelerator reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When an Experience Accelerator subscription ends, the account automatically becomes a Basic (free) account and The Experience Accelerator may disable access to or delete any content to comply with Basic account limits.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use The Experience Accelerator Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from The Experience Accelerator Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: The Experience Accelerator may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if The Experience Accelerator determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The Experience Accelerator's reputation and goodwill. If The Experience Accelerator deletes your account for the foregoing reasons, you may not re-register for The Experience Accelerator Service. The Experience Accelerator may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by The Experience Accelerator will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. The Experience Accelerator shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
8. Code of Conduct
In using The Experience Accelerator Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within The Experience Accelerator Site (unless you are an official The Experience Accelerator partner or advertiser and have a written agreement with The Experience Accelerator).
The Experience Accelerator has the right, but not the obligation, to monitor all conduct on and content submitted to The Experience Accelerator Service.
9. Licenses Granted by You
LICENSE TO THE EXPERIENCE ACCELERATOR: As between you and The Experience Accelerator, you own the video content ("videos") that you submit to The Experience Accelerator Service. By submitting a video, you grant The Experience Accelerator and its affiliates a limited, worldwide, non-exclusive, royalty-free license and allow Experience Accelerator employees or Tutor and Coach contracts to play, review, assess, upload and download the video.
DURATION OF LICENSES: The above licenses will continue unless and until you request your videos to be removed from The Experience Accelerator Service, in which case the licenses will terminate within a commercially reasonable period of time. Please note that removed videos may be cached in search engine indices after removal and that The Experience Accelerator has no control over such caching.
9.2 Non-video Content
If you make suggestions to The Experience Accelerator on improving or adding new features to The Experience Accelerator Service, The Experience Accelerator shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The Experience Accelerator and grant the licenses set forth above; (ii) The Experience Accelerator will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless The Experience Accelerator and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on The Experience Accelerator Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Experience Accelerator violates any law or infringes any third party right, including any intellectual property or privacy right.
The Experience Accelerator reserves the right to modify The Experience Accelerator Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The Experience Accelerator Service.
The Experience Accelerator provides The Experience Accelerator Service on an "as is" and "as available" basis. You therefore use The Experience Accelerator Service at your own risk. The Experience Accelerator expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The Experience Accelerator makes no representations or warranties:
- That The Experience Accelerator Service will be permitted in your jurisdiction;
- That The Experience Accelerator Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on The Experience Accelerator Service or will be stored by The Experience Accelerator;
- That The Experience Accelerator Service will meet your business or professional needs;
- That The Experience Accelerator will continue to support any particular feature of The Experience Accelerator Service; or
- Concerning sites and resources outside of The Experience Accelerator Service, even if linked to from The Experience Accelerator Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used The Experience Accelerator Service, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) The Experience Accelerator shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) The Experience Accelerator's total liability to you shall not exceed the amounts paid by you to The Experience Accelerator over the twelve (12) months preceding your claim(s).
14. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the canton of Vaud, Switzerland, without regard to principles of conflicts of law.
DISPUTES: All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The Experience Accelerator in exercising any right hereunder will waive any further exercise of that right. The Experience Accelerator's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Experience Accelerator's prior written consent. No third party shall have any rights hereunder.
NOTICES:You consent to receive all communications including notices, agreements, disclosures, or other information from The Experience Accelerator electronically. The Experience Accelerator may provide all such communications by email or by posting them on The Experience Accelerator Service. For support-related inquiries, you may contact us at firstname.lastname@example.org. You may send notices of a legal nature to The Experience Accelerator at
The Experience Accelerator, Route de St Maurice 228, 1814 La Tour de Peilz, Switzerland
Attention: Legal Department
Nothing herein shall limit The Experience Accelerator's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by The Experience Accelerator on The Experience Accelerator Site or a written amendment signed by an authorized representative of The Experience Accelerator. A revised Terms of Service will be effective as of the date it is posted on The Experience Accelerator Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between The Experience Accelerator and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.