This policy was last updated on January 25, 2016.
PLEASE READ THIS DOCUMENT CAREFULLY.
1. Informational Purposes Only
DNAcademy is published for educational and informational purposes only. It is intended for investors who are familiar with and willing to accept the risks associated with private investments. DNAcademy does not make investment recommendations, and no communication through our website, or from DNAcademy in any other medium, should be construed as such.
Investment opportunities discussed on this website are intended for investors who do not need a liquid investment. Investments are NOT bank deposits (and thus NOT insured by the FDIC or by any other federal governmental agency), are NOT guaranteed by DNAcademy, and MAY lose value. Investors must be able to afford the loss of their entire investment. We cannot and do not make any guarantees about your ability to obtain any specific results or earn any money with our ideas, information, tools, or strategies.
Any financial projections or returns shown on the website are estimated predictions of performance only, are hypothetical, are not based on actual investment results and are not guarantees of future results. Estimated projections do not represent or guarantee the actual results of any transaction, and no representation is made that any transaction will or is likely to achieve results or profits similar to those shown. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice.
Any investment information contained on our site has been secured from sources that DNAcademy believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor. Site visitors should conduct their own due diligence, not rely on the financial assumptions or estimates displayed on this website, and are encouraged to consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunity.
2. DNAcademy Service License
DNAcademy grants you a limited, non-exclusive, non-transferable license to access and use the DNAcademy Service for your own personal, non-commercial purposes. This includes the right to view, and temporarily store, content available on the DNAcademy Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by DNAcademy in writing, you will not modify, alter, reproduce, transmit, rent, lease, sell, sublicense, assign, distribute, create derivative works from, decompile, reverse engineer, or disassemble the DNAcademy Service. Nor will you take any measures to interfere with or damage the DNAcademy Service. All rights not expressly granted by DNAcademy are reserved.
To use the DNAcademy Service, you must register as a user by providing your name, password, and valid email address. You must provide complete and accurate registration information to DNAcademy 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 represents and warrants that he or she has the authority to bind the entity to this Agreement.
To register for DNAcademy Service, you must be 13 years of age or older. If a child under 13 submits information through any part of DNAcademy Service, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
5. Account Security
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account, and you may not transfer your account to any other person.
You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the DNAcademy Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately through https://www.dnacademy.com/contact, and you shall be solely liable for any damages suffered by DNAcademy as a result of any failure of this responsibility.
6. Account Types
DNAcademy offers Basic, Professional, and High Volume account tiers. Please see our Pricing Page at https://www.dnacademy.com/#signup for features and pricing. Features and prices are subject to change.
7. Billing Terms
All of our account types are billed on an annual basis, paid in advance, with no automatic renewal for Basic and Professional account types. Team account types are billed on an annual basis and automatically renew until canceled.
If you choose to cancel, your paid plan will be terminated at the end of your paid term and you will not be refunded for any remaining days within the year you have already been charged for as an advance payment.
Students may be given a full refund within seven (7) calendar days of their initial registration and payment. A refund request must be made to DNAcademy at https://www.dnacademy.com/refund. No other refunds will be given.
Please see our Affiliate Operating Agreement at https://www.dnacademy.com/affiliates for terms, conditions and details on payouts.
11. Term and Termination; Account Deletion
This Agreement begins on the date you first use the DNAcademy Service and continues as long as you have an account with us.
You may delete your account at any time by sending a request to https://www.dnacademy.com/contact. Expired Basic and Professional accounts may be deleted from the DNAcademy Service. Paid accounts will remain active unless you explicitly ask us to delete it when you cancel your paid plan or when your plan expires.
DNAcademy may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if DNAcademy determines in its sole discretion that you have violated any provision of this Agreement or that your conduct or content would damage DNAcademy’s reputation. If DNAcademy deletes your account for these reasons, you may not re-register for the DNAcademy Service. DNAcademy may block your email address and Internet protocol address to prevent further registration.
Upon termination, all licenses granted by DNAcademy will terminate. Sections 7, and 12 through 17, shall survive termination. In the event of account deletion for any reason, your course content may no longer be available. DNAcademy shall not be responsible for the loss of such content.
12. 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 misleading or fraudulent schemes or offers, multi level marketing (MLM) schemes, or any other dubious money-making ventures
• Violates any law or policy of DNAcademy
• Contains an advertisement or solicitation for yourself or for any third parties
13. Code of Conduct
In using the DNAcademy 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”
DNAcademy has the right, but not the obligation, to monitor all conduct on and content submitted to the DNAcademy Service.
14. Licenses Granted by You
If a user is part of a video discussion, they are being taped and the video may be incorporated into DNAcademy. By being a part of the video, the user grants permission to DNAcademy for display of the video and the user assigns all intellectual property and publicity rights in the video, if any, to DNAcademy.
14.2 Text, Images, Quizzes, and Downloadable Files
For all text, images, quizzes, downloadable files and learning aides you post to discussion areas of DNAcademy, you agree to grant DNAcademy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
15. Your Representations and Warranties
For each piece of content, media or text that you submit, you represent and warrant that: (i) you have the right to submit the material to DNAcademy and grant the licenses set forth above; (ii) DNAcademy will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the material does not infringe any third party’s rights, including without limitation intellectual property rights and privacy rights; and (iv) the material complies with this Agreement and all applicable laws and DNAcademy policies.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS DNACADEMY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD PARTY ACTIONS THAT: (I) ARISE FROM YOUR ACTIVITIES ON THE DNACADEMY SERVICE; (II) ASSERT A VIOLATION BY YOU OF ANY TERM OF THIS AGREEMENT; OR (III) ASSERT THAT ANY CONTENT YOU SUBMITTED TO DNACADEMY VIOLATES ANY LAW OR INFRINGES ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT.
17. Third Party Copyrights and Other Rights
DNAcademy respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously.
17.1 DNAcademy’s intellectual property policy is to:
• Remove material that DNAcademy believes in its sole discretion, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and
• Terminate access to the Site by “repeat infringers.”
DNAcademy considers a “repeat infringer” to be any User that has uploaded content to the Site and for whom DNAcademy has received multiple takedown notices compliant with the provisions of 17 U.S.C. 512 with respect to such Submitted Content.
DNAcademy has discretion to terminate the account of any User after receipt of a single notification of claimed infringement or upon DNAcademy’s own determination.
17.2. Reporting Claimed Infringement
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below.
Your communication must include substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a list of such works
• Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DNAcademy to locate the material
• Information reasonably sufficient to permit DNAcademy to contact you, such as an address, telephone number, and electronic mail address at which you may be contacted
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement and to consider whether the use in question qualifies as a “fair use” under the Copyright Act.
17.3 Designated Agent Contact Information
DNAcademy’s Designated Agent for notices of claimed infringement can be contacted:
• Via email at email@example.com
• Via U.S. Mail: Web X.0 Media LLC, 321 High School Rd NE, STE D3-281, Bainbridge Island, WA 98110 Attn: Copyright Department
17.4 Counter Notification
If you receive a notification from DNAcademy that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide DNAcademy with what is called a “Counter Notification.”
To be effective, a Counter Notification must be in writing, provided to Company’s Designated Agent through one of the methods identified above, and include substantially the following information:
• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
17.5 False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [DNAcademy] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
DNAcademy reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act (DMCA) and the procedures set forth in this section should be sent to the Designated Agent at firstname.lastname@example.org or to the postal address identified above. Any other comments, compliments, complaints or suggestions about DNAcademy, the operation of the Site or any other matter should be sent via https://www.dnacademy.com/contact.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed by the DNAcademy Service are our registered or unregistered Trademarks, or those of our suppliers or third parties, and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not copy, alter or obscure the Trademarks, or link to them without our prior approval.
19. Disclaimers / Limitation of Liability
DNAcademy reserves the right to modify our Service at any time and at our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to DNAcademy. DNAcademy has no obligation to screen or monitor any content and does not guarantee that any content available on the DNAcademy Service complies with this Agreement or is suitable for all users.
DNACADEMY PROVIDES ITS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE DNACADEMY SERVICE AT YOUR OWN RISK. DNACADEMY 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, DNAcademy makes no representations or warranties:
• That the DNAcademy Service will be permitted in your jurisdiction
• That the DNAcademy 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 DNAcademy Service or will be stored by DNAcademy
• That the DNAcademy Service will meet your business or professional needs
• That DNAcademy will continue to support any particular feature of the DNAcademy Service
• Concerning sites and resources outside of the DNAcademy Service, even if linked to from the DNAcademy 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 DNAcademy Service, and no warranties shall apply after such period.
20. Limitation of Liability
To the fullest extent permitted by law: (i) DNAcademy 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) DNAcademy’s total liability to you under any circumstance or any legal theory shall not exceed the amounts paid by you to DNAcademy over the twelve (12) months preceding your claim(s).
The DNAcademy Service may contain links to third-party services or websites that are not owned or controlled by DNAcademy. It is your responsibility to decide whether any services and/or products available through any of these services or websites are suitable for your purposes.
The DNAcademy is not responsible for the content or for any goods or services offered through these third parties; has no control over the terms and conditions or privacy policies of these third parties; does not endorse any such content, goods, or services; and does not accept any liability in relation to any content, goods, or services found on such third-party websites.
23. General Provisions
This Agreement shall be governed by the laws of the State of Washington, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Agreement or your use of the DNAcademy Service must be commenced in the state or federal courts located in Kitsap County, Washington, United States of America. You hereby waive any objection based on venue or forum non-convenience with respect to any action instituted in any such court, and you agree that any dispute concerning the DNAcademy Service or this Agreement shall be heard only in the courts described above. In any such action, DNAcademy and you irrevocably waive any right to a trial by jury.
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 DNAcademy in exercising any right hereunder will waive any further exercise of that right. DNAcademy’s rights and remedies hereunder are cumulative and not exclusive.
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 DNAcademy’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from DNAcademy electronically. DNAcademy may provide all such communications by email or by posting them on the DNAcademy Service. For support-related inquiries, you may contact us. Nothing herein shall limit DNAcademy’s right to object to subpoenas, claims, or other demands.
You grant to us a non-exclusive, non-transferable, revocable right to use your company name and logo in the advertising, marketing, promoting, and publicizing of your use of the DNAcademy Service. However, we are under no obligation to so advertise, market, promote, or publicize.
Nothing in this Agreement shall be construed to form a partnership, joint venture, or employer/employee relationship between you and DNAcademy.
This Agreement constitutes the entire understanding between DNAcademy and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.