Terms & Conditions
Terms of Service
Last Updated: Dec 7, 2021
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. If you use AVID to publish material you are a creator (“Creator”). People who subscribe to content published by a Creator are referred to in these Terms of Service as a learner (“Learner”).
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that AVID will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. AVID cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content such as videos, files, data, graphics, photos, and links that are uploaded under your AVID account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of AVID will result in an immediate termination of your services.
Don’t use AVID for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the AVID Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions
Technical support is only provided to paying account holders.
Acceptable Use: You may not use the AVID service for i) any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United Kingdom; ii) for any unlawful or fraudulent purpose; iii) the purpose of harming or attempting to harm any person; iv) for the purpose of bullying, insulting, intimidating or humiliating any person; v) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs designed to adversely affect the operation of any computer software or hardware.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AVID.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AVID or AVID trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to email@example.com.
You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You agree that you will only use the third-party payment processor (“Payment Processor”) that AVID selects from time to time. Any attempt to bypass the AVID payment system to avoid transaction fees may result in the suspension or cancellation of your account.
The AVID service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
Don’t bypass our billing system to avoid transaction fees.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. AVID Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any AVID customer, AVID employee, member, or officer will result in immediate account termination.
AVID does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that AVID employees and contractors may also be AVID customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
AVID retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, AVID reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over an AVID account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that AVID shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service.
In no event shall AVID or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, AVID partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied, or statutory.
AVID does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
AVID does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
AVID does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the AVID Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of AVID to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AVID and governs your use of the Service, superseding any prior agreements between you and AVID (including, but not limited to, any prior versions of the Terms of Service).
If AVID chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and AVID don’t apply if they conflict with these terms.
We do not claim any intellectual property rights over the material you provide to the AVID service. All material you upload remains yours. You can remove your AVID site at any time by deleting your account. This will also remove all content you have stored on the Service.
By making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
You shall indemnify AVID and hold AVID harmless against all claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with:
Your use of the Services and/or AVID’s site;
Your breach of these Terms of Service;
The Course Content you create;
Any claim that the Course Content or AVID’s use of the Creator’s intellectual property rights infringes the intellectual property rights of a third party; and
Any claims made by Learners.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8. Payment of Learner Subscriptions and Fees
You may offer your Course Content to Learners for a subscription or one-off fee of such amount as you decide. AVID will be offering a number of plans to Creators to allow you to get the most out of your account. You agree to pay us an agreed percentage of the total amount charged by you to Learners (“Revenue Share”) in accordance with the percentage detailed in the type of plan you have selected. Details of our plan/s can be found on avid.fm homepage’s pricing section.
You agree that for so long as you use AVID’s Service, our Payment Processor will deduct from any sums due to you from Learners the amount of any Revenue Share due to us as and when we process subscription payments from Learners who subscribe to your Course Content. Revenue Share payments are not refundable. In addition, You also agree that we may deduct from payments due to the costs and expenses our Payment Processor charges to AVID for use of the Payment Processor’s services.
You agree that you are solely responsible for and AVID has no liability to you or to Learners for any Course Content you make available through AVID. If you choose to terminate your account before the end of a Learner’s paid subscription period any and all obligations – including any refund obligations for the unexpired subscription period are the Creator’s responsibility.
Learners are entitled to a refund within thirty (30) days of purchase.
All fees earned by Creators will be transferred to their account via AVID’s Payment Gateway after the deductions of Payment Processor fees (as per 8.2 above) 30 days after their receipt by AVID. This period is to allow for any potential refunds, chargebacks, etc to be deducted prior to transfer.
You can set the price for your courses and services and be transferred the money net of payment processing fees and AVID’s Revenue Share 30 days after receipt of funds by AVID.
9. Payment of Service Fees
Should AVID offer plans that require a service fee and you select such a plan, a valid credit card is required for accounts to be able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
Service fees will be billed in monthly or annual intervals, or not at all, depending on the plan you are on. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods, and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”), unless otherwise specified. Such taxes will be added by AVID unless the correct tax code is provided that qualifies for exemption.
Avid will refund Creators if requested within thirty (30) days of signing up for a paid plan
For live payment gateways, a valid credit card is required. You will be billed every month or year and have 2 weeks to pay. Taxes will be added or included as applicable. Refunds on request within thirty days of sign up.
10. Cancellation and Termination
You may cancel your account at any time by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in AVID’s response.
Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you cancel the Service in the middle of a monthly or annual payment period, you will not be refunded for the remaining amount.
We reserve the right to modify or terminate the AVID service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, AVID may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. AVID will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted. If you cancel in the middle of the month, you won’t be refunded for the remaining amount.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Service and Prices
Prices for using AVID are subject to change without notice from AVID. Such notice may be provided at any time by posting the changes to the AVID Site or the administration menu of your AVID site via an announcement.
AVID reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.
AVID shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
12. Copyright violation
If you believe that Content residing on or accessible through the AVID website or Services infringes a copyright, please send a notice of copyright infringement to firstname.lastname@example.org
AVID respects intellectual property rights and you should too.
13. Governing Law
These Terms of Service shall be governed in all respects by the laws of England and Wales.
Last Updated: March 26, 2021
The avid.fm website and subdomains, mobile applications, and other media including all of their respective features and content (collectively, the “Site”) is a service made available by AVID INTERNATIONAL, LTD. d/b/a AVID (“AVID”, “we” or “our”).
WHAT INFORMATION WE COLLECT AND RECEIVE
In order for you to use our Site, we need to collect and process certain information, which depending on how you use the Site, may include:
Information about your activity on and interaction with AVID, such as your Internet Protocol (IP) address, the type of device or browser you use to access the Site, and usage data such as time spent on and your actions on the Site;
Information about the ways people visit and interact with our Site in the form of web traffic analytics. We also work with (or may in the future work with) third parties such as Google Analytics and Mixpanel to provide analytics services. You can opt-out of being included in Google Analytics by emailing email@example.com. For more information about our use of data analytics to protect and improve our Site, see Cookies and How We Utilize Them below; and
Communications you send to us, such as when you request support, send us comments or questions or report a problem to us.
We also collect and maintain aggregated, anonymized, or pseudonymized information to protect the safety and security of our Site, improve our Site, or comply with legal obligations.
You may decline to provide us with some or all of your information. However, this will limit your ability to use our Site.
COOKIES AND HOW WE UTILIZE THEM
We use the following types of cookies and other technologies:
Localization: Some cookies help us provide localized experiences, such as displaying the Site in the local language.
Site Features and Services: Certain cookies provide greater functionality to the Site and help us deliver our products and services.
Performance: We use performance cookies to help us route traffic between servers and understand how the Site is performing so we can provide users with the best experience possible.
Analytics and Research: Cookies and other technologies also help us to understand, improve, and research features and content on the Site, such as by using Google Analytics, which you can opt-out by emailing firstname.lastname@example.org.
LIMITING OR BLOCKING COOKIES AND OUR DO NOT TRACK POLICY
Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Site.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Site may not work. If you block or reject cookies, not all of the tracking described here will stop.
Note that certain options you select are browser- and device-specific.
HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect for the following purposes:
To protect the Site;
To enable us to provide you with the Site, and to improve and promote the Site and our services;
To contact you and customize your experience on the Site; and
To track and analyze use of the Site and our services so that we can improve how AVID is performing and provide our users with the best experience possible.
EUROPEAN UNION USERS
European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Consent: In certain cases, you have affirmatively provided us with your consent to collect your personal data for a specific purpose, such as providing your name and email address when you register an Account or sign up for our newsletter.
Contract: We may need your personal data to comply with our contractual obligation to deliver the Site, such as fulfilling subscriptions or transactions.
Legal Obligations: Sometimes the law requires us to collect and use your data, such as applicable tax laws may require us to retain records of payments made through the Site.
Legitimate Interests: This is a technical term that means we have a good and fair reason to use your data and we do so in ways that do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Site secure, may also send you promotional communications about the Site and services subject to your right to opt-out, analyze how users interact with the Site so we can understand better what elements do or do not work well, which allows us to improve and develop the quality of the online experience we offer all our Users.
HOW WE SHARE THE INFORMATION WE COLLECT
Information that May be Publicly Accessible
If you post User Content in Interactive Areas, other Users will be able to view such User Content, along with your name and email address that you provide in posting the User Content to the Interactive Areas. Do not post to Interactive Areas any information, including, without limitation, personal information, that you do not want to be publicly accessible.
Additionally, personal information in your Account profile is shared or otherwise viewable by other Users unless you specifically choose the option within your account for your profile to be anonymous. Bear in mind that if you wish to remain anonymous, you may not be able to take advantage of some of the functionality of the Site.
Information We Never Share Publicly
The following personal information is never publicly displayed or revealed to other Users (unless you post it in the Interactive Areas or share it in your public Account profile):
The date you register for any services we provide through the Site, such as our newsletter/mailing list;
Your email address, IP address, mailing address, or phone number;
Any other identity verification information or documentation;
Any payment information you provide; and
Communications you send to us.
Information We Share with Trusted Third-Party Service Providers
We may share certain information pertaining to you with certain trusted third-party service providers to help us provide, improve, promote, or protect the Site, such as when we partner with payment processors or use services to help us manage our ads on other websites. When we share data with third-party services to help us deliver the Site and our services, we require those service providers to use your information only for the purposes we authorized and to protect your personal information at least to the same standards we do. We may also share information that is aggregated and anonymized in a way that does not directly identify you.
Information We Share to Protect AVID and Comply with the Law
We reserve the right to disclose the information we collect from or about you when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect AVID’s legal rights, property, or the safety of AVID, its Users, or others. You hereby authorize us to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind, when we determine, in our sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
You are interfering with the rights or property of AVID or a third party;
You are violating any applicable law, rule, or regulation;
Necessary or required by any applicable law, rule or regulation; or
Requested by governmental authorities in the event of any investigation, the act of terrorism, or instance of local, regional or national emergency.
In the event AVID is acquired by or merged with a third-party entity or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have collected from Users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used.
Links to Other Websites and Services
CROSS-BORDER DATA TRANSFERS
AVID is based in the United Kingdom so your information will be collected and processed in the United Kingdom, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United Kingdom, be advised that the rules that protect your personal information under United Kingdom law may differ from those of your home country.
The privacy of children is of the utmost importance, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Site does not knowingly collect, use, or disclose personal information from children under the age of 13. If we ever discover that we have inadvertently collected personal information from children under the age of 13, we will delete it as soon as possible. If you are a parent or legal guardian and believe that we have collected personal information from your child under the age of 13, please email us at email@example.com, and we will take steps to delete such personal information as soon as possible.
ACCESSING YOUR INFORMATION
Users residing in certain countries, including citizens or residents of the European Economic Area, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of such user’s personal information. Even after you request we delete your personal information, we may retain certain information as required by law or as necessary for our legitimate business purposes.
We want to communicate with you only if you want to hear from us. We will send you an email relating to your transactions with us. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt-out at any time by adjusting your notification settings. We will also send you service-related announcements when and as necessary. We try to keep emails to a minimum and give you the ability to opt into any marketing communications we send.
We maintain a strict “no-spam” policy. We will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, including the physical address of our business, monitor our third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow users to unsubscribe by using the link at the bottom of each email. If you are having problems unsubscribing please contact us at firstname.lastname@example.org by forwarding the newsletter, if applicable, and including the word “Unsubscribe” in the subject line and we will use reasonable efforts to remove you within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.
We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain, including using Secure Sockets Layer (SSL) to encrypt information as it travels over the Internet. No method of transmission over the Internet or electronic storage is completely secure, so we cannot guarantee its absolute security.