Thank you for choosing to visit our website, which is published and maintained by ISINA Academy, Inc. («ISINA»), a company incorporated under the laws of the state of California, United States of America. The website Terms of Use («TOU») apply to your access to, and use of ISINA’s website isina.com, ISINA’s mobile and desktop applications (“Apps”) as well as any other ISINA controlled sites, regardless of domain name or IP address (collectively «Site» or «Sites» or “ISINA Platform” or “Platform”) and features, functionalities, tools, software accessible through, or in connection with, the ISINA Platform («Services» or “ISINA Services”). ISINA provides Services to users of the Site(s) subject to these Terms of Use, which may be updated by ISINA from time to time without notice to you («you») and shall be reflected on the ISINA Platform with the date of the most recent TOU’s update. You are responsible for checking this page from time to time for updates.
You understand, acknowledge and agree that your use of the ISINA Platform or the Services of ISINA is subject to your acceptance of the Terms of Use which govern your use of the Platform and constitutes you entering into a legal contract with ISINA.
THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN ISINA AND YOU.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THE TERMS OF USE YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT BY AND BETWEEN ISINA AND YOU AND ISINA RESERVES THE RIGHT TO CHANGE, REPLACE OR MODIFY THESE TERMS OF USE AT ANY TIME AT ISINA’S SOLE DISCRETION. WHEN WE MAKE CHANGES, WE WILL DISPLAY A NOTICE ON THE ISINA PLATFORM AND/OR WE WILL SEND YOU A NOTIFICATION AT THE EMAIL ADDRESS PROVIDED BY YOU DURING THE REGISTRATION. IN THE EVENT OF AN UDPATE OR MODIFICATION, THE UPDATED OR REVISED TERMS OF USE WILL BECOME EFFECTIVE TEN (10) CALENDAR DAYS AFTER SUCH NOTIFICATION OR THE NOTICE DISPLAY ON ISINA PLATFORM, WHICHEVER OCCURS FIRST.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE ISINA PLATFORM, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE “ACCEPT” BUTTON BELOW IN THIS DOCUMENT UPON YOUR FULL REVIEW OF THE TERMS OF USE AND YOU AGREE TO BE BOUND BY THIS AGREEMENT AT ALL TIMES DURING ACCESS AND/OR USE OF ISINA SITE (S). IF YOU DO NOT AGREE TO ALL OF THE TERMS STATED IN THE TERMS OF USE, PLEASE DO NOT CLICK THE “ACCEPT” BUTTON BELOW IN THIS DOCUMENT AND DO NOT USE THE PLATFORM OR THE SERVICES OF ISINA.
Unless otherwise indicated on the Platform, the Services, and all ISINA content and other materials on the Platform, including, without limitation, the ISINA logo, trademark(s), text(s), pictures, graphics, designs, data, information, documentation, technology, audio/video content and any other files posted, uploaded or made available directly by ISINA (“ISINA Files”), and the arrangement and selection thereof («Site Materials» or “ISINA Materials” or “Platform Materials”) are the intellectual property of ISINA and are protected by United States and international copyright and other applicable laws. You acknowledge and agree that ISINA Files and ISINA Materials are property of solely ISINA and you agree not to remove, alter or attempt to alter or remove any copyright, trademark, legal notice(s), proprietary notice(s) of ISINA or any of the ISINA Materials, ISINA Files or content of ISINA or ISINA Platform users.
Subject to your strict compliance with the Terms of Use, ISINA grants you a limited, personal, revocable, non-assignable, non-transferable, non-sublicensable right and license to use the ISINA platform; its features and functionalities which are available to you based on the tier of the ISINA Platform’s account registration of your choice (i.e., free account or premium account); to view the materials uploaded and submitted to the Platform, to listen and stream the audio and video materials available on the Platform, subject to availability per each territory of the world for that functionality, feature and content access.
Any materials posted on the Platform that ISINA expressly or impliedly permits you to use, copy, listen to online or offline, as applicable, print, download, transmit, publicly perform, publicly display, distribute are licensed to you by ISINA for your non-commercial and personal use only; provided, however, you do not delete or change any copyright, trademark, notices and/or do not create derivative works without ISINA’s express written consent. The license granted herein is revocable and ISINA reserves its absolute right to revoke such license at its sole discretion with or without notice to you at any time. You expressly agree not to duplicate, copy, reproduce, sell, resell, reverseengineer or otherwise exploit for any commercial purposes, any portion of the ISINA Platform, use of the Platform, access to the Platform, ISINA Materials or any ISINA Platform Materials.
ISINA reserves the right from time to time to discontinue or modify, permanently or temporarily, the ISINA Platform with or without notice. Unless where expressly stated otherwise in these Terms and Conditions, nothing in the Terms of Use shall be construed as granting any license to you or any third party authorized by you to any intellectual property rights. All rights not granted herein by ISINA are expressly reserved by ISINA.
Please refer to the privacy policy for information on how ISINA collects, uses, and discloses the information collected on the Platform. Except as provided herein or as otherwise permitted by law, ISINA will not disclose your non-public personal information to non-affiliated third parties. Privacy Policy is incorporated in this Agreement by reference. In the event of conflict of terms between the Terms of Use and Privacy Policy, the Terms of Use shall control.
You are solely responsible for all content you upload, email, post, store, transmit or otherwise make available on the ISINA Platform and Services, including, without limitation, music, sound, text, videos, photographs, graphics, and/or code (collectively, «Content»). ISINA does not own or control the Content posted by you or others on the ISINA Platform. ISINA takes no responsibility and assumes no liability for any Content uploaded, posted or stored by you or any third party on ISINA Platform, or for any loss or damage thereto or resulting therefrom, nor is ISINA liable for any defamation (e.g., slanderous or libelous), obscene, or abusive material, pornography, or profanity you may encounter. You expressly assume all liability for the Content you upload directly or via the hyperlink(s) of your choice and you are severally liable for any alleged claims in connection with the Content chosen and uploaded by you. You are severally liable and ISINA and you are expressly not jointly and severally liable for any claims or alleged claims in connection with the Content uploaded by you. ISINA has no obligation to screen, monitor, or edit your Content. However, ISINA reserves the right, in its absolute discretion, to block, refuse, remove, or move any Content posted or stored on the Platform at any time with or without cause and for any reason or no reason, with or without notice. You agree that any Content you submit, will not: (a) defame; (b) harm minors in any way; (c) infringe any copyright, trademark, patent, trade secret, or other personal or intellectual property rights of any third party; (d) contain any software viruses or any other computer code, programs or files designed to destroy, interrupt, or limit the functionality of any computer software or hardware; (e) disrupt or interfere with the Platform and Services, or any servers or networks connected to the Platform; (f) harass or stalk any other person or entity; or (g) store or collect personal data of any other user of the ISINA Platform or ISINA Services. You acknowledge and agree that ISINA may retain Content uploaded by you and may disclose such Content if required to do so by law (e.g., governmental requests, subpoenas, or court orders) or as reasonably necessary to enforce this Agreement; respond to third party claims in connection with violation of rights; or protect the safety, rights, property of ISINA or its users.
Abusive or unwanted material which causes disruption of the ISINA Platform and/or Services is unacceptable and may violate the law. Causing distress, injury, embarrassment, or substantial discomfort to another (i.e., person and/or entity) is prohibited, shall not be tolerated, and shall be construed as harassment. ISINA has a «zero tolerance» for any personal attacks or other actions to threaten or intimidate or embarrass anyone based on race, national origin, handicap, religion, sexual orientation, or any other characteristic or affiliation.
Except as explicitly stated in the Terms of Use, or unless otherwise indicated on the ISINA Platform or in connection with your use of the ISINA Services, any Content you post, upload or transmit to the ISINA Platform or in connection with the ISINA Services (“Your Content”), you retain all rights in and to such Content.
You grant ISINA, its affiliated entities, third parties authorized by ISINA and third party service providers a non-exclusive, unrestricted, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content throughout the world in any and all media, now known or hereafter devised. You grant ISINA and its affiliated entities and sublicensees the nonexclusive, unrestricted, royalty-free, perpetual and irrevocable right to use your name, image and likeness in connection with such Content, at its sole discretion. You specifically acknowledge and agree that ISINA has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content and ISINA shall be entitled to retain any and all revenue generated from any sales, licenses, sublicenses, commercial campaigns or other exploitations of such advertising, promotional or distribution rights. No royalties, fees or compensation shall be paid by ISINA to you or any third party for Your Content.
Representations and Warranties
You represent and warrant that: (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the ISINA Platform and license such Content to ISINA and its affiliates and sublicensees as provided herein; (b) the Content is accurate and not misleading; and (c) the use, uploading, submitting, transmitting and posting of the Content you supply does not violate the Terms of Use and will not violate any rights or cause injury to any person or entity.
Pursuant to the Digital Millennium Copyright ACT («DMCA») and other applicable laws, ISINA shall terminate, at its sole discretion, users who are deemed to be repeat intellectual property rights infringers. ISINA, at its sole discretion, may limit access to the Site (s) and/or Services and may terminate the accounts of any users who infringe any intellectual property rights of third parties, whether or not there is repeat infringement.
ISINA values the intellectual property rights of others. If you believe any material on the Platform infringes upon any copyright which you own or control, you or your designee may notify ISINA by providing the following information to our Designated Agent:
Designated Agent to receive infringing claim:
The Law Office of Angeline Smirnoff
6101 W Centinela Ave, Ste 110
Culver City, CA 90230
[email protected]
To be effective, a notification of an infringing claim must be in writing and include the following:
1) An electronic or physical signature of the exclusive copyright interest owner or of the person authorized to act on behalf of the owner of the exclusive copyright or other intellectual property that is allegedly infringed.
2) Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works and/or other allegedly infringed intellectual properties are covered by a single notification, a list of such works and/or intellectual properties infringed.
3) A description of where the material you claim is infringing is located on the Site (s).
4) Your address, telephone number, and email address.
5) A statement by you stating that you have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law (“I, [Name] have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law.”)
6) A statement by you that the information in the notification is accurate, and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“The information stated in the notification is accurate. I declare, under the penalty of perjury, that the above information in my notice is accurate and that I am the exclusive copyright or intellectual property owner and my intellectual property right has been infringed.” OR “I declare, under the penalty of perjury, that the information stated above in my notice is accurate and I am authorized to act on behalf of the owner of the exclusive copyright or intellectual property right that is allegedly infringed.”)
In consideration of your use of the Platform, Platform Materials, and the Services, you represent you are of legal age to enter into this Agreement and you agree to: (a) provide accurate, current, and complete information as may be required by any registration forms on the Site (s) (collectively, «Registration Information»); (b) maintain and be solely responsible for the security of your password and identification; (c) promptly update the Registration Information and any other information provided to ISINA; and (d) accept all risks of unauthorized access to the Registration Information and any other information you provide to ISINA.
You agree to defend, indemnify, and hold harmless ISINA, its affiliated entities, independent contractors, service providers, consultants, and their respective directors, employees, and agents (“ISINA Parties”), from and against any claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to your use of the Site (s), Site Materials, the Services and any Content you post, store, or otherwise transmit on or through the Site (s), the Services, or your use of the Site (s) and/or Services, including without limitation, any actual or threatened suit, demand or claim made against ISINA and/or its affiliated entities, independent contractors, licensors, service providers, licensees, sublicensees, assignees, employees, directors, or consultants, arising out of or relating to Your Content, your conduct, your violation of these Terms of Use or the Privacy Policy, as each may be amended from time to time, or your violation of any law (s), regulation (s), or the right (s) of any third party.
8. Disclaimer Of Warranties:
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ISINA, THE SITE (S), THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE ISINA PLATFORM ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE ISINA PLATFORM AND SERVICES IS AT YOUR SOLE RISK. ISINA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE PLATFORM. ISINA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE ISINA PLATFORM OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ISINA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISINA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE ISINA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PLATFORM AND THE SERVICES SAFE, ISINA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFCT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED, UPLOADED, TRASMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ISINA PLATFORM OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ISINA MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE PLATFORM AND SERVICES WILL MEET YOUR REQUIRMENTS; (B) THE PLATFORM OR SERVICES WILL LEAD TO EMPLOYMENT; (C) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM AND SERVICES WILL BE ACCURATE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ISINA PLATFORM WILL MEET YOUR EXPECTATIONS; AND/OR (F) ANY ERRORS IN THE SOFTWARE USED BY ISINA FOR THE FUNCTIONALITY OF ITS PLATFORM OR SERVICES WILL BE CORRECTED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ISINA, ITS DIRECTORS, AFFILIATED ENTITIES, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AUTHORIZED PARTIES AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLATFORM, SITE MATERIALS, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ISINA, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL(S), ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISINA’S RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ISINA WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM, SITE MATERIALS, SERVICES, OR CONTENT EXCEED ANY COMPENSATION YOU PAID TO ISINA ON A MONTHLY BASIS FOR THE PREMIUM ACCOUNT USAGE OF THE PLATFORM, OR, IN THE EVENT WHEN YOU DID NOT REGISTER AS THE PREMIUM ACCOUNT AND DID NOT PAY ISINA THE MONTHLY PREMIUM ACCOUNT OPTION FEE, THE EQUIVALENT OF THE CUMULATIVE AMOUNT YOU WOULD HAVE PAID ISINA FOR THE PREMIUM ACCOUNT REGISTRATION FOR THE MONTHS OF YOUR USAGE OF THE PLATFORM COMMENCING WITH THE DATE OF YOUR INITIAL REGISTRATION. IN THE EVENT WHEN YOU UPGRADED TO THE PREMIUM ACCOUNT, PREUPGRADE MONTHS SHALL BE INCLUDED FOR PURPOSES OF MAXIMUM COMPENSATION CALCULATION.
The Platform may provide, or third parties may provide, hyperlinks to third party websites (including, but not limited to, advertisement third party websites). Because ISINA has no control over such third party websites, you acknowledge and agree that ISINA is not responsible for the quality, content, nature or reliability of third party websites accessible by hyperlink or link from the ISINA Platform, or websites linking to the ISINA Platform. Should any hyperlinks appear on the Platform, ISINA provides these hyperlinks to you only as a convenience, and the inclusion of any hyperlinks does not imply affiliation, endorsement or adoption by ISINA of any site or any information contained therein. You are solely responsible and assume full liability and risk for the Contents provided by you to ISINA via the links you provide anywhere on the Platform. You hereby agree to fully indemnify and hold ISINA Parties harmless from and against any claims, damages, costs, liabilities and expenses arising out of or related to Your Content provided to ISINA via your links. You understand, acknowledge and agree that when you leave the ISINA Platform via hyperlinks, the ISINA Terms of Use will no longer govern your Internet browser session. You acknowledge and agree that your use of any site to which you provide a link or otherwise navigate from the ISINA Platform will be subject to that site’s terms of use, if any, its privacy and data gathering policies and any other terms and rules explicitly stated on that site. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you provide a link (for example, during your submission(s), application(s) or registration on the Platform) or navigate from the ISINA Platform.
You acknowledge and agree that ISINA reserves the right, without notice and in its sole discretion, to terminate your license to use the Platform, Platform Materials, the Service and/or any portion thereof, and to block or prevent your future access to and use any of the Platform, Platform Materials, and/or Services.
You expressly acknowledge and agree that the Terms of Use, Privacy Policy, and/or use of the ISINA Platform, Platform Materials, and Services shall be governed by the laws of the State of California. Any controversy or claim arising out of or related to the Terms of Use and/or Privacy Policy, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall be final and binding. The arbitrator(s) must be experienced in entertainment industry disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The place for any arbitration will be Los Angeles County in the State of California. You expressly acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use, Privacy Policy, and/or use of the ISINA Platform, Platform Materials, and Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. You hereby consent to personal and subject matter jurisdiction in California, USA. EITHER ISINA OR YOU MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND ISINA DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ISINA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT CERTAIN RIGHTS THAT YOU AND ISINA WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION AND OTHER RIGHTS MAY BE LIMITED.
The Terms of Use constitute the entire agreement between you and ISINA and govern your use of the ISINA Platform, Platform Materials, and/or Services, and supersedes any prior agreements (whether written or verbal) between you and ISINA with respect to the subject matter hereof. You understand, acknowledge and agree that you may be subject to additional terms and conditions that may apply when you use affiliated services, third party content, or third party software. You may not assign your rights hereunder to any third party. The failure of ISINA to exercise or enforce any right or provisions of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the TOU shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the ISINA Platform, Terms of Use and
Privacy Policy may be directed to ISINA at: [email protected]
