- Descriptions and use of the Lowercase Academy Website
Visitors and Registered Members of the Lowercase Academy Website get access to the Services described below.
1.2 Registered Members
Registered Members can do the same as Visitors , plus the following: (a) purchase products and services through the Lowercase Academy Website; (b) access exclusive content available only to Registered Members; (c) create, access, manage, and update their own personal accounts on the Website; (d) post comments on the site (collectively, “Registered Member Content”); (e) sign up for our training program/s; (f) sign up for alerts and other notifications; and (g) become part of the membership community.
- Rules of Use
Like any other community it best functions when there are rules and guidelines for the individuals. Similarly, the Lowercase Academy functions best when Visitors and Registered Members follow a few simple rules. By accessing and/or using the Lowercase Academy Website, you automatically agree to comply with these rules (Visitor and Registered Member Rules):
- You will not use the Lowercase Academy Website for any unlawful purpose, and will comply with all applicable laws when using our site;
- You are not allowed to post, upload, transmit, or by any other means, make available content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Website to engage in any commercial activities;
- As a Registered Member only post content, that is on topic; you post any Registered Member content, you will stay on topic;
- You are not allowed to access or use the Lowercase Academy Website for the purpose of market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of our Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Lowercase Academy Website through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
- You will not use any robot, spider, scraper, or other automated means to access the Lowercase Academy Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Lowercase Academy Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Visitor and Registered Member Rules, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Lowercase Academy Website, or any portion of the site, without notice, and to remove any content that does not adhere to the Visitor and Registered Member Rules.
There is no minimum age required to get access to the Lowercase Academy Website. But it is recommended that if you are aged younger than 18, to review this Agreement with your parent or legal guardian to ensure you both understand it.
- Member Information
When you want to join the Lowercase Academy, you will be asked to sign up as a member. During this signup process, you will be asked to create a membership account. Information will include your name, surname and a password. When signing up as a member, please make sure the information provided is true, accurate, current, and complete information. Each member’s signup name and corresponding password can only be used by that specific Registered Member. Sharing your login credentials with another individual (especially if they are using your account to access our proprietary Content (as defined later in this document) is a material breach of this Agreement. You and you alone are responsible for the confidentiality of your Member Signup name and Password and for any use, misuse, or communication entered through the Lowercase Academy Website using one or more of them. Should you wish to deactivate your Member Signup Name or Password at any time for whichever reason, Lowercase Academy shall have no liability to you for any loss or damage caused by such action or caused by any unauthorized use of your membership with us.
- Fees and Payment
For any purchase made through the Lowercase Academy Website, you shall pay all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the sign-up process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in your local currency.
You are required to provide current and accurate billing and credit card information. We ask that you promptly update billing information i.e., billing address, card number, and expiration, in order to keep your membership with the Lowercase Academy current, complete, and accurate. Please contact us immediately if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Membership Signup Name or Password). You hereby authorize Lowercase Academy to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
- Intellectual Property
The Lowercase Academy Website contains content, such as videos, text, images, graphics, video and sound recordings, instruction modules, assessments, and other material provided by or on behalf of Lowercase Academy will herein be collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Republic of South Africa and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors are allowed to view Content publicly-available for personal or non-commercial use. Registered Members who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered Member Content that you post to the Lowercase Academy Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Lowercase Academy. Lowercase Academy retains the right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Lowercase Academy Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Certain parts and elements of the Lowercase Academy Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- Registered Member Content
As already mentioned, the Lowercase Academy Website provides Registered Members the ability to post and upload Registered Member Content. You expressly acknowledge and agree that once you submit your Registered Member Content for inclusion into the Lowercase Academy Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered Member Content, including, without limitation, any personally identifying information that you may make available. You, and not Lowercase Academy, is solely responsible for your Registered Member content that you upload, email or post, or transmit to the Lowercase Academy Website via any other method. You will indemnify us in respect of any loss, liability, claim or damage suffered or incurred by with regards to your Registered Member content.
You retain all copyrights and other intellectual property rights in and to your own Registered Member Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered Member Content, your Membership Signup Name, name, likeness, and photograph in connection with any use of the related Registered Member Content permitted by the previous sentence and/or to advertise and promote the Lowercase Academy Website, Lowercase Academy, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered Member Content to us, each such submission constitutes a representation and warranty to Lowercase Academy that such Registered Member Content is your original creation (or that you otherwise have the right to provide the Registered Member Content), that you have the rights necessary to grant the license to the Registered Member Content under the prior paragraph, and that it and its use by Lowercase Academy and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Visitor and Registered Member Rules.
- Communicating with us
We encourage you at all times to email us, but ask you to not, and you should not, email us any content that contains confidential information. With regards to all emails and communication you send us, With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we are allowed to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
- No Warranties; Limitation of Liability
The Lowercase Academy Website and the Content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Lowercase Academy Website will operate error-free or that the Lowercase Academy Website, its servers, or the content are free of computer viruses or similar contamination or destructive features.
To the maximum extent permitted by applicable laws:
- We shall not be subject to liability for any delays or interruptions of the Lowercase Academy Website from or whichever cause, and you agree that you use the Content and the Lowercase Academy Website at your own risk;
- We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade;
- We shall not be liable for any damages whatsoever (including without limitation, direct, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the Lowercase Academy Website or the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
If when your using the Lowercase Academy Website or the Content results in you having to service or replace equipment or data, we shall not be responsible for those costs required by applicable laws. The Lowercase Academy Website may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the Lowercase Academy Website.
The Lowercase Academy Website may contain information on certain products and services, not all of which are available in all locations. A reference to a product or service on the Lowercase Academy Website does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the Lowercase Academy Website at any time without notice.
- External Sites and Hyperlinks
The Lowercase Academy Website may contain links to third-party websites (“External Sites”). These links are solely used as a convenience to you and not us endorsing the content on the External Sites. The content on these External Sites have been developed and provided by others. Should you have any concerns regarding these External Sites, the links linking towards these sites or the content on such sites, you should contact the site administrator or webmaster of the specific External Site. Lowercase Academy is not responsible for the content of any linked External Site and do not make any representations regarding the content or accuracy of materials on such External Sites. Always take precaution when downloading files from websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- Representations; Warranties and Indemnification
(a) If you are a Registered Member, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered Member Content and any other works that you incorporate into your Registered Member Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your Registered Member in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Lowercase Academy Website any Registered Member Content that violates our Visitor and Registered Member Rules set forth above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Lowercase Academy Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Compliance with applicable laws and jurisdiction
The Lowercase Academy is based in South Africa. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of South Africa. If you access the Lowercase Academy Website or the Content from outside of South Africa, it is at your own risk. Whether inside or outside of South Africa, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
- Termination of this Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Lowercase Academy Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Lowercase Academy Website at any time without prior notice or liability.
If you suspect or believe that your work on the Lowercase Academy Website has been copied in a way that constitutes copyright infringement, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Lowercase Academy Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Any dispute between the parties arising out of or in connection with your visit to the Lowercase Academy Website or from this Agreement must be submitted to confidential arbitration. Such arbitration will be held in Pretoria (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.
14.2. Urgent Relief
The a foregoing will not restrict our right to apply to a competent court for relief should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Pretoria Division of the High Court of South Africa for such purposes.
- Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the jurisdiction of the courts of the Republic of South Africa in this regard.
You agree that unless contrary or stipulated otherwise by any applicable law, any cause of action arising out of or related to the Lowercase Academy Website, the Content, or this Agreement must be commenced by you within one (1) year after the cause of action occurred, otherwise such cause of action is permanently barred.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered Member Content,” “Communicating with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Disputes,” “Equitable Relief,” and “General.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.