As of April 22nd 2020
This Terms of Service, as amended from time to time, (“Agreement”) is between Shibari Academy, LLC. a Massachusetts limited liability company with its principal place of business at Cambridge, MA and its affiliates (“Shibari Academy” or “we”) and you (“you” or “Student”).
You acknowledge that you are entering an ADULT ONLY Internet site. Any techniques you learn here are for your own personal use, you will not show any such thing to a minor. You will not allow any minor access to this site or any material found herein.
You hereby agree that you have read and downloaded, saved, and/or printed a copy of this Agreement for your records.
If you have any questions, you can speak directly with a customer representative by calling +1 (857) 203-8033
You understand and accept responsibility for your own actions, thus releasing the creators of this web site, the materials herein and the service providers from all liability, including but not limited to injuries, accidents or trauma of any kind, be it emotional or physical, that may occur from any interpretation and / or actualization of the procedures or materials contained herein.
PART I – ENROLLMENT
1. PAYMENT OF COURSE FEES. The most cost effective way to pay for your course is to pay in full in advance. You also have the option to make payments pursuant to a payment plan. Payment plans are designed to make registration more affordable by spreading the total cost into twelve (12) separate installments. If the balance or installment payments are not received on the due dates then Shibari Academy reserves the right to suspend your access to course materials or classes until such time as the fees owing have been paid.
A payment plan is a credit and not a subscription. By enrolling with a payment plan, you are committing to make all payments in the plan. Shibari Academy reserves the right to collect any outstanding balance by any means necessary.
2. INTELLECTUAL PROPERTY. All intellectual property rights in Shibari Academy courses and course materials, whether in-class or online, including without limitation designs, copyrights, database rights, trademarks, patents, application to register any of the aforementioned rights, trade secrets and/or know how, are and shall remain the exclusive property of Shibari Academy. You may not, without the express written consent of Shibari Academy, reproduce, copy, disseminate, broadcast, or otherwise use any intellectual property owned or controlled by Shibari Academy, including any intellectual property contained in any course materials or trademarks used by Shibari Academy.
3. PUBLICITY & NAME & LIKENESS. During the time that you are a student at Shibari Academy, persons may film or photograph you while you are on Shibari Academy property. You hereby consent to Shibari Academy’s use of your name image, likeness, and voice in connection with Shibari Academy. You agree that any appearance in a photograph or video may be edited in Shibari Academy’s sole discretion and that you may be portrayed in any way Shibari Academy reasonably determines. You expressly releases Shibari Academy, Shibari Academy’s agents, employees, licensees, subcontractors and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast, exhibition, marketing or promotion of the Shibari Academy promotional material or other Shibari Academy related materials in which you may appear.
6. LIMITATION OF LIABILITY. Shibari Academy’s liability to you hereunder shall be limited to the total amount you have actually paid to Shibari Academy for the applicable course. Except as set out herein, Shibari Academy shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Shibari Academy. Some of our courses include lifetime access. Shibari Academy guarantees you access to paid courses for two years and reserves the right to suspend your access afterwards.
7. FORCE MAJEURE. For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Shibari Academy including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Shibari Academy shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents Shibari Academy from providing a course or other services promised to you for more than four (4) weeks, Shibari Academy shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by written notice.
PART II – GENERAL TERMS AND CONDITIONS
1. ASSIGNMENT. Shibari Academy may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party.
2. WAIVER. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
3. AMENDMENTS. We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on www.ShibariAcademy.com and changing the effective date above.
4. LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with the laws of the State of Massachusetts, applicable to contracts made and to be performed within the State of Massachusetts and without regard to the choice of law provisions therein.
5. ARBITRATION. Each party will promptly notify the other in writing of any dispute. Each party’s designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days. Any and all claims or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the Commercial Rules, but not the administration of the American Arbitration Association. The arbitration will be conducted in Cambridge, Massachusetts. The laws of the State of Massachusetts (except its conflict of laws provisions) will govern the interpretation and enforcement of this Agreement and all disputes relating to this Agreement. Within ten (10) calendar days of service of a demand for arbitration, the parties will agree upon a sole arbitrator. If a sole arbitrator cannot be agreed upon, a panel of three (3) arbitrators will be named; each party will select one (1) arbitrator and the two (2) arbitrators selected by the parties will select a knowledgeable and impartial third arbitrator. There will be no discovery during the arbitration other than the exchange of the information and documents, which shall be provided directly to the arbitrator(s) upon request and approval of specific discovery requests. A final hearing shall be conducted within three (3) months of the appointment of the arbitrators. If damages are awarded, the arbitrator(s) will only award compensatory damages and will not award punitive or other non-compensatory damages. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with the action, including the prevailing party’s share of the arbitration fees (i.e., the prevailing party’s share of the sole arbitrator’s fees, or the cost/fee of the prevailing party’s arbitrator and it’s share of the third arbitrator appointed, if any). The decision of the arbitrator(s) will be final and binding and may not be appealed. A party may apply to any court having jurisdiction to obtain a judgment enforcing the decision of the arbitrator(s). The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.