Last updated: September 6, 2016.
Your access to and use of the Service and courses are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service or courses.
By accessing or using the Service or courses you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service or courses.
- Governing Law - These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Alabama, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alabama in all disputes arising out of or related to the use of the site.
- Age - The site is intended for users over the age of 13, or, if not, you will only use the service and courses with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase courses.
- Purchase of Courses - If You elect to access or use Courses that involve payment of a fee, then You agree to pay, and will be responsible for payment of that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.
All payments are final and non-refundable. Notwithstanding the foregoing, Company may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.
If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
- Watching videos -
- Viewing choices - You may watch course videos by “buying” a specific video title for a one-time fee. This gives you the right to download the video for permanent storage and/or to stream it for an indefinite period of time.
- Limited license - After paying the required fee, you have the right to download and stream videos you’ve bought.
- Restrictions - You may only stream or download videos for your personal viewing purposes. You may not: (i) transmit or distribute any video through any means; (ii) publicly exhibit any video; or (iii) resell views of any video; or (iv) allow others to log into your account for the purpose of watching a video.
- Registration - To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Courses. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
- User Content - You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- Compliance With Intellectual Property Laws - When accessing the Site or using the Service or Courses, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service/Courses and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- Copyright Infringement - Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service/Courses.
- Prohibited Uses - Company imposes certain restrictions on your permissible use of the Site and the Service/Courses. You are prohibited from violating or attempting to violate any security features of the Site or Service/Courses, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, the Courses, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service/Courses, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service/Courses to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service/Courses; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service/Courses. Any violation of system or network security may subject you to civil and/or criminal liability.
- Copyright - All contents of Site or Service or Courses are: Copyright © 2017 Orange Wave Digital, LLC. All rights reserved.
- United States Use Only - The Site is controlled and operated by Company from its offices in the State of Alabama. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Alabama and the United States.
- Amendments - Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
If you have any questions about these Terms, please contact us.