MYACADEMY, LLC TERMS & CONDITIONS

Last updated January 2022 

PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY BEFORE USING ANY MYACADEMY PLATFORM.

Welcome to MyAcademy! Please read these Terms before you start using our MyAcademy website, social media platform, social media pages, mobile app or one of our other products or services, all of which are part of the MyAcademy Platform (collectively the “Platform”). You are able to access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device.” Your carrier’s normal rates and fees apply to your Device.

1. MyAcademy User Agreement

MyAcademy provides an online Platform that lets public and private schools sell and/or buy tickets, clothing or other similar products within the United States of America. By accessing or using our Platform, you agree to be bound by these Terms, as well as MyAcademy’s Privacy Policy, Cookie Policy and Seller Agreement (if applicable), all of which are incorporated fully into these Terms by reference. 

We will occasionally make changes to these Terms and we will update them immediately on our Platforms. The revised Terms will be effective immediately and by using our Platform, you agree that you have read and agree with the new and revised Terms. These Terms create a legally-binding agreement between you (“you,” “your,” the “user” or the “user’s”) and MyAcademy and its affiliates (which we may refer to as “MyAcademy,” “we,” “us,” or “our”) regarding your use of the Platform.

2. Prohibited Uses of the Platform

The Platform and services related to the Platform are intended for your own use. By using the Platform, you agree not to:

• Reproduce, copy, modify in any material manner, or remove MyAcademy’s proprietary marks, logos or notices;
• Lease, resell or redistribute any of our services; 
• Provide access to or give the Platform or any part or portion of the Platform to a third party;
• Reverse engineer the Platform;
• Make the Platform available on any file-sharing platform;
• Harm, as determined in our sole discretion, MyAcademy, the Platform, other users or third parties or their use and/or experience with the Platform with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, key-loggers, or any other materials expressly prohibited;
• Use the Platform in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
• Use the Platform in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Use any information obtained from the Platform in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform;
• Engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or servers connected to the Platform;
• Attempt to impersonate another user or person or use the username of another user;
• Sell or otherwise transfer your profile; 
• Use the Platform or any related services in a manner that violates any applicable law, regulation or these Terms;
• Permit any third party to use the Platform in a manner that violates any applicable law, regulation or these Terms. 

3. Indispensable Rules

By using our Platform, you agree that you are of legal age in your country or have been given consent from your parent or guardian.

You must follow the following rules if you are registering for an account on our Platform:

• Provide accurate and up to date registration information. 
• Keep all your registration information (email, phone number, and password) private and secure. MyAcademy is not responsible for any loss or activity that is due to unauthorized use of your account. You are responsible for all activity on your account. Contact MyAcademy immediately if you have a reasonable belief that there has been any unauthorized access to or use of your MyAcademy account.
• You are only allowed to have one MyAcademy account.
• You are not allowed to create a MyAcademy account for someone else.
• MyAcademy has the right to remove or take control of any user account on our Platform at any time and for any reason.
• If you have been removed or banned from the MyAcademy Platform, you agree that you are prohibited from making a new account, whether on your own behalf or behalf of others.
• You agree that you have no ownership of your account and that all rights to your account, including rights to User Content (as defined below) and other intellectual property created in association with your account, are owned by MyAcademy.

4. Buying Products

You enter into a binding contract when making any purchases on the Platform. You are responsible for the total cost of the products or services that you are purchasing, and the applicable fees attached to any order for such products or services. Fees are subject to change. All sales are final and are unable to be edited or deleted once a purchase is made by a user. 

5. Refunds

MyAcademy, LLC has a no-refund policy. All purchases are final as to MyAcademy. This means that MyAcademy will not refund the service fees associated with a purchase.  

Separate from our policy, our sellers maintain their own policies related to refunds for which we have no responsibility or liability. Generally speaking and subject to such seller policies, a seller may be responsible for making any returns on events cancelled by the seller or by a purchaser, if the seller approves a refund for a canceled event. 

Again, subject to such Seller policies, a seller may be responsible for refunding payment processing fees associated with a cancelled event. 

Sellers are solely liable for any and all disputes related to a purchase.

6. Service Fees

MyAcademy has the right to charge service fees for selling and/or buying products through our Platform. These fees vary depending on the location, purchase and product type. Service fees will be presented on the cart screen before going to checkout and entering your payment information. All service fees are subject to change at any time.

MyAcademy charges purchasers a service fee for standalone donations made through a seller profile. The seller is responsible for providing their state’s donation tax documents to the purchaser, and further information on this topic may be found in our Seller Policy Agreement.

7. Payments

You agree to provide accurate and up-to-date payment information. MyAcademy and the seller have the right to take legal action for any suspicious or fraudulent activity made on your account.

8.Intellectual Property

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring to you any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that the Platform and our content (which includes your User Content as defined below) is protected by all applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Platform may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “MyAcademy’s Property”). It may also include product names, business names, logos, slogans and other marks in which sellers and others have a protectable interest (collectively “Other Materials”). 

You may not copy, download, display, distribute, modify or sublicense any of MyAcademy’s Property or Other Materials without the prior express written permission of the appropriate owners.

9. User-Submitted Content

The Platform may allow users to post images, audio, text, video, links to other sites, or other content to the Platform (collectively “User Content”). Neither MyAcademy nor any of its affiliates endorses these entities or individuals nor are we in any way associated with any of the materials that they may post on or through the Platform. 

Neither MyAcademy, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals. 

Each user who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Platform or any successor or affiliate platform. 

By posting any User Content to the Platform, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.

10. Email & Mobile Communication

To purchase products on our Platform, we require you to provide a valid working email. If you purchase any products on our Platform, MyAcademy is allowed to send the products to the email provided. MyAcademy is not responsible for any inaccurate or incorrect information provided at checkout that may result in lost purchases.

By providing us an email during registration, you consent to thereafter receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders, purchases and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments by any means other than electronic means.

11. Violations

We reserve the right, but are under no obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Platform, or use thereof. Nothing contained in the Platform or in any written or oral communications from MyAcademy or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Platform 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.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Platform content or the related services therein or that the functionality of the Platform will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Platform is at your sole risk. 

UNDER NO CIRCUMSTANCES SHALL MYACADEMY, 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, THE PLATFORM OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, EVEN IF MYACADEMY 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 MYACADEMY HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF MYACADEMY 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 MyAcademy and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Platform or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to MyAcademy during the six (6) months prior to notice to MyAcademy of the dispute for which the remedy is sought, whichever amount is lesser.

13. Indemnification

If a claim is presented against us related to our Platform in any way, your violation of these Terms, you agree to fully indemnify, hold harmless and defend MyAcademy and its directors, officers, employees, agents, and affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorneys’ fees and costs), whether or not involving a third-party claim, which arise out of or relate to any act or omission of MyAcademy.

14. Severability

In the event any provisions or part of these Terms are found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms, will be inoperative.

15. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

16. Please Read Our Privacy Policy 

Please read our Privacy Policy, which is incorporated fully into these Terms. 

17. Contact  

For questions or concerns, we can be contacted: 

By mail at:

MyAcademy, LLC

PO Box 91722

Austin, TX 78709

Or by sending an email to:

support@myacademy.shop 

Or by phone at: 

(602) 598-0839