Welcome to Acme Online Academy,

By using the website acmeonlineacademy.com, the related mobile website, and the mobile application (collectively, the “Websites”), you (sometimes referred to as the “Client”) agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you purchase any one of the Acme Online Academy Ready-Made Websites, or Acme Online Academy Courses, Or any products at AcmeOnlineAcademy.com, and related products (the “Products”). If you wish to purchase Products, and/or become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Acme Online Academy Privacy Policy, then please do not proceed with the purchase and subsequent use of Acme Ready-Made Websites®, Courses, Products or Service.

This Agreement is subject to change by Acme Online Academy at any time, effective upon posting on the relevant website. Your continued use of Acme Ready-Made Websites® and the Service following Acme Online Academy’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Electronic Agreement.

This Agreement is an electronic contract that sets out the legally binding terms of your use of Acme Ready-Made Websites®, Courses, Products and the Service. This Agreement may be modified by Acme Online Academy from time to time, such modifications to be effective upon posting by Acme Online Academy on the Website. By accessing and/or using Acme Ready-Made Websites®, Courses, and/or Products and/or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.

1. Access and Retention.

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

1. Commercial Use of Service.

If you are using the Service and/or accessing Acme Ready-Made Websites®, Courses, Products, or Services on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

• You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
• You have read and understand this Terms of Service; and
• You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of Acme Ready-Made Websites® include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to Acme Ready-Made Websites®, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of Acme Ready-Made Websites® in any fraudulent or misleading manner, any automated use of the system, such as scraping Acme Ready-Made Websites®, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on Acme Ready-Made Websites® or the networks or services connected to Acme Ready-Made Websites®, and using Acme Ready-Made Websites® in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of Acme Ready-Made Websites® may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of Acme Ready-Made Websites®, Courses and Service is with the permission of Acme Online Academy, which may be revoked at any time, for any reason, at Acme Online Academy’s sole discretion.

1. Account Security.

You are responsible for maintaining the confidentiality of the username and password(s) that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Acme Online Academy of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Acme Online Academy will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Acme Online Academy account.

1. Your Use of Acme Ready-Made Websites®

You agree to comply with the following conditions in regards to the use of Acme Online Academy:

1. You must not copy or capture, or attempt to copy or capture, any content from Acme Ready-Made Websites® (the “Content”) or any part of Acme Ready-Made Websites®, unless given express permission by Acme Online Academy.
2. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of Acme Ready-Made Websites®’ offering.
4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
5. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of Acme Ready-Made Websites®.
6. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, Acme Ready-Made Websites® or any Content appearing on Acme Ready-Made Websites® (other than Your Content).
7. You must not, and must not permit any third party to, copy or adapt the object code of Acme Ready-Made Websites®, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of Acme Ready-Made Websites®, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
8. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
9. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Acme Online Academy employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
10. You must not sell or transfer, or offer to sell or transfer, any Acme Online Academy account to any third party without the prior written approval of Acme Online Academy.
11. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
12. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Acme Online Academy or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Acme Online Academy’ servers, system or network or attempt to breach Acme Online Academy’ data security or authentication procedures; attempt to interfere with Acme Ready-Made Websites® or the Service by any means including, without limitation, hacking Acme Online Academy’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Acme Online Academy under these Terms of Service, Acme Online Academy reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions and acknowledge and agree that Acme Online Academy has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

1. Your Use of the Product

You must not, and must not permit any third party to, copy or adapt the object code of Acme Ready-Made Websites®, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of Acme Ready-Made Websites®, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

You must not use Acme Ready-Made Websites® to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

1. 1. 1. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Acme Online Academy’ sole and reasonable discretion;
      2. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
      3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Acme Online Academy’ sole and reasonable opinion;
      4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt Acme Ready-Made Websites® or servers or networks forming part of, or connected to, Acme Ready-Made Websites®, or which does or might restrict or inhibit any other user’s use and enjoyment of Acme Ready-Made Websites®; or
      5. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

1. Ready-Made Websites

Acme Online Academy’ Ready-Made Websites, are built on WordPress and Elementor, and come already built. They have the necessary plugins installed, and configured to enable customers to customize the website according to their needs. This product does not include perpetual theme and plugin licenses.

1. Plugins

The following plugins may already be installed for you, depending on the Website or Product you purchase. Some may require additional configuration by you, to suit your needs:

• Akismet
• WordFence
• Elementor Plugin (Pro)
• FormCraft Form Builder
• Yoast SEO.
• WooCommerce

1. Design (visual components of the site)

Unless specifically agreed in writing, Acme Online Academy owns the copyright to any visual design. Any third party photography, stock imagery and copyright materials will remain the property of the respective third party and, where appropriate, will be used under the license agreement to which they are distributed. Acme Online Academy agrees to provide access to the terms of the license relating to such third party copyright, if requested by the Client.

1. Software

Ready-Made Websites, products and services are developed using a combination of third party software solutions (this includes but is not limited to: WordPress CMS, Themes & Plugins, Fonts, Integrations, Widgets). Those solutions will be configured for use in the Ready-Made Website, products and services however, all software and code owned by third parties will be used within the license agreement of its respective owner. To that effect, neither you nor Acme Online Academy own such third party software or code, and you (and Acme Online Academy) may only use such software or code within the rules of the license agreement. Acme Online Academy agrees to provide access to the terms of the license relating to such third party software and code, if requested by the Client.

11. Restricted Plugins

Websites, Products and Services provided by Acme Online Academy, including the Acme Online Academy may be a one-time payment, or be an ongoing monthly payment. Acme Online Academy’ has the sole discretion to change pricing at any time, and will provide notice of such changes if they affect your current subscription.

All fees are quoted and charged in US Dollars, unless otherwise specified.

As part of registering for a subscription product, you authorize Acme Online Academy, to charge your nominated credit card for Products and Services you have subscribed to until such time subscription is cancelled.

12. Subscription Auto-Renewals

To ensure you experience no interruptions in service, your service will be charged monthly in advance and will auto-renew at the end of any subscription period.

13. Money-Back Guarantee

If you are not satisfied with a Product or Service provided by Acme Online Academy, you may request a cancellation within thirty (7) days of purchase. Your service will be canceled at the time of cancellation period and purchase amount refunded.

14. Declined Charges

If the Clients credit card is declined, Acme Online Academy will contact the Client in an attempt to resume payments. If payment is not received for a period of 10 working days the Clients Acme Online Academy’s Account will be suspended, the Client will be denied access and after a period of 20 days non-payment the Clients Website will be deleted from Acme Online Academy servers and will never be recoverable.

20. Representations and Warranties (Content)

You hereby represent and warrant to Acme Online Academy as follows:

1. 1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Acme Online Academy to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via Acme Ready-Made Websites®, any and all Services and any third party services.
   2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
   3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on Acme Ready-Made Websites® and via any third party services.
   4. Your Content, including any comments that you may post on Acme Ready-Made Websites®, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
   5. Your Content does not and will not create any liability on the part of Acme Online Academy, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Acme Online Academy reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

15. Agreement Term & Termination

This Agreement will remain in full force and effect while the Client uses the Acme Online Academy, Products and/or Service. The Client may terminate the Acme Online Academy membership and/or subscription at any time by contacting Acme Online Academy at hello@acmeonlineacademy.com

If the Client resigns or cancels their membership and/or subscription to Acme Online Academy or Acme Online Academy, to help Acme Online Academy analyze and improve the Service, the Client may be asked to provide a reason for resignation/cancellation. Acme Online Academy may terminate the Clients membership and/or subscription for any reason by sending notice to the Client at the email address provide in their application for membership, or such other email address as may later be provided to Acme Online Academy.

If Acme Online Academy terminates the Clients membership in the Service because they have breached any part of this Agreement, they will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of Acme Online Academy. Acme Online Academy is not required to provide notice prior to terminating membership and/or subscription if they believe any part of this agreement terms has been violated.

Acme Online Academy is not required, and may be prohibited, from disclosing a reason for the termination of a Clients account. Even after membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

16. Modifications to Service.

Acme Online Academy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Client agrees that Acme Online Academy shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Service.

17. Blocking of IP Addresses.

In order to protect the integrity of the Service, Acme Online Academy reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing Acme Ready-Made Websites®.

18. Proprietary Rights.

Acme Online Academy retains all proprietary rights in Acme Ready-Made Websites®, Products and the Service. Acme Ready-Made Websites® contains the copyrighted material, trademarks, and other proprietary information of Acme Online Academy, and its licensors. Except where we have given the Client express written permission, they may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

All content on Acme Online Academy is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Acme Online Academy and for Acme Online Academy’ Members’ use only. Distribution of Content to others is strictly prohibited.

The Client agrees that Acme Online Academy would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Acme Online Academy shall be entitled to an injunction prohibiting the Client from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

Acme Online Academy may provide links to third party websites, and some of the content appearing on Acme Online Academy may be supplied by third parties. Acme Online Academy has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.

19. Restrictions on Use of Materials.

You acknowledge that Acme Online Academy contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All Intellectual Property is copyrighted under the The United Statesn copyright laws (and, if applicable, similar foreign laws), and Acme Online Academy owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property.

Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive prior written consent from Acme Online Academy.

20. Liability for Content.

You hereby acknowledge and agree that Acme Online Academy  (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content without your approval. You are solely responsible for all of Your Content that you, or someone you authorize to,upload, post or distribute to, on or through Acme Ready-Made Websites®, and to the extent permissible by law, Acme Online Academy excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Acme Online Academy cannot and does not review the Content created or uploaded by its users, and neither Acme Online Academy nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor Acme Ready-Made Websites® for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

Acme Online Academy and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to Acme Ready-Made Websites® by users, or on behalf of a user, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of Acme Ready-Made Websites®. By using Acme Ready-Made Websites®, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Acme Online Academy or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

21. Repeat Infringers.

Acme Online Academy will suspend or terminate your access to Acme Ready-Made Websites® if Acme Online Academy determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to Acme Ready-Made Websites®, Products and/or Service terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Acme Online Academy at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

22. Limitation of Liability.

In no event shall Acme Online Academy be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to Acme Ready-Made Websites®, Products or Service, or use thereof. Nothing contained in Acme Ready-Made Websites®, Products, Service or in any written or oral communications from Acme Online Academy or its employees or agents shall be construed to make any promise, covenant, or guarantee, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on Acme Ready-Made Websites®, Products and the Services provided by employees of Acme Ready-Made Websites® are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Acme Online Academy makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of Acme Ready-Made Websites®’ content or that the functionality of Acme Ready-Made Websites® will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of Acme Ready-Made Websites® and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Acme Online Academy, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, ACME READY-MADE WEBSITES®, PRODUCTS OR SERVICE, OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM ACME READY-MADE WEBSITES®, EVEN IF Acme Online Academy HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Acme Online Academy HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Acme Online Academy HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Acme Online Academy and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites, Products or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Acme Online Academy during the six months prior to notice to Acme Online Academy of the dispute for which the remedy is sought.

23. Indemnity by You.

You agree to indemnify and hold Acme Online Academy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

1. 1. your use of the Service, Products and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
   2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on Acme Ready-Made Websites® or Products, and/or your making available thereof to other users of Acme Ready-Made Websites® and Products, and/or the actual use of Your Content by other users of Acme Ready-Made Websites®, Products or Services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
   3. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Acme Online Academy.

24. Attorney Fees.

In the event that Acme Online Academy is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Acme Online Academy’ attorneys’ fees and costs.

25. Parental or Guardian Permission.

Some of the Content on Acme Ready-Made Websites® may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE ACME READY-MADE WEBSITES® UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.

26. Privacy

Use of Acme Ready-Made Websites® and/or the Service is also governed by our Privacy Policy, located at https://acmeonlineacademy.com/privacy-policy/

27. Jurisdiction and Choice of Law; Dispute Resolution.

If there is any dispute arising out of Acme Ready-Made Websites®, Products and/or the Service, by using Acme Ready-Made Websites®, Products and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Victoria, The United States without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts, for the resolution of any such dispute.

Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Victoria, The United States with the same force and effect as if such service had been made within the State of Victoria, The United States. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

28. Arbitration Provision/No Class Action.

Except where prohibited by law, as a condition of using Acme Ready-Made Websites®, Products and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with Acme Ready-Made Websites®, Products and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of an State of Californiafor full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the State of California or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree.

The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, United States. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, United States.

29. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

30. Availability Outside the United States.

If you access Acme Online Academy from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access Acme Ready-Made Websites® from outside of The United States, you acknowledge that any personal information you provide will be processed in The United States and other geographies as selected by Acme Online Academy in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

31. Entire Agreement.

This Agreement contains the entire agreement between you and Acme Online Academy regarding the use of Acme Ready-Made Websites®, Products and/or the Service.

32. Severability; Waiver.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Acme Online Academy’ failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Acme Online Academy’ ability to enforce such term at any point in the future.

33. Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

CONTINUED USE AFTER PURCHASE OF ACME ONLINE ACADEMY, PRODUCTS, SERVICES AND ACME ONLINE ACADEMY IS CONSIDERED ACCEPTANCE AND THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.