Terms of Use

Last Updated: 5th of June, 2023

These Terms of Use (the “Terms”) set forth the legally binding agreement between you (the “User”, “Your” or “You”) and Ehoudiniacademy (the “Company”, “We”, “Us” or “Our”). This Agreement governs your access to our website: www.ehoudiniacademy.com (the “Site”).

Please read these Terms carefully as by accessing and using our Site you agree to them. If you do not want to be legally bound by this Agreement, please do not access and/or use our Site. 

1. Accession

Access to the Site is provided free of charge. However, to access certain parts of the Site we offer you may be asked to provide certain details or other information. All the information you provide on the Site must be correct, current, and complete.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

2. Eligibility

The Site can be accessed and used from anywhere in the world, subject to these Terms and any other rules and policies incorporated herein. 

You must be at least 18 years of age, or such other minimum legal age as is applicable in your country of residence to enter into a contract on your own behalf with us. If you are under 13, your access and use of our Site is prohibited regardless of your country of residence.

If you are between 13 and 18, you must review these Terms together with your parent or legal guardian. Parents and legal guardians are responsible for the acts of children under 18 years of age, or such other minimum legal age as is applicable in your country of residence to enter into a contract on your own behalf, when using our Site. We strongly recommend that parents and legal guardians familiarize themselves with parental control mechanisms on the devices they provide their children.

3. License to Use

We grant you a personal, limited, non-exclusive, non-commercial, and non-transferable license to access and use the Site only as expressly permitted under these Terms. Any violation by you of these Terms may give rise to immediate termination of your right to use our Site, as well as potential liability for copyright and other Intellectual Property Rights infringement depending on the circumstances. Any use of our Site other than as specifically authorized under these Terms, without our prior written permission is strictly prohibited and will terminate the license granted herein.

4. Prohibited Uses

You acknowledge and expressly agree that you are responsible for your own conduct while using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.

You acknowledge and expressly agree that you, you shall not, and shall not allow any third party to:

(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, and fraudulent content;

(ii) distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature;

(iii) upload, post, transmit or otherwise make available through the Site any content that infringes the Intellectual Proprietary Rights of others;

(iv) use the Site to violate the legal rights of others;

(v) engage in, promote, or encourage illegal activity, including, without limiting to, money laundering

(vi) exploit the Site for any unauthorized commercial purpose;

(vii) copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of the Site or the resources available on the Site;

(viii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

(ix) reformat or “frame” or “mirror” any portion of the Site;

(x) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, or the content posted on thereof, or to collect information about its users for any unauthorized purpose; and

(xi) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services.

5. Intellectual Property Rights

Site is our exclusive proprietary property and all databases, software, source code, website or design, video, text, graphics (collectively the “Content”), and the trademarks, service marks, logos or any other marks (the “Marks) are owned and or controlled by us or licensed to us, and are protected by appropriate Intellectual Property laws, unfair competition laws, international conventions and any implementing legislation.

No part of our Intellectual Property, Content, or Marks may be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.

You must not modify copies of any materials from this Site, use any illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.

If you wish to make any use of material on the Website other than that set out in this section, please contact us at erwin@ehoudiniacademy.com to make a request.

6. Reporting Violations

Please immediately report to customer service, if you become aware of any violation that is against our Terms.

We reserve the right to investigate complaints or reported violations of our Terms and to take any action we consider appropriate, including but not limited to suspending or terminating access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information accordingly as envisaged by our Privacy Policy.

7. Privacy Policy

Our Services require you to provide certain personal data. All information you provide must be true, accurate and complete. It is your responsibility to inform us if anything changes with your personal data.

Your submission of personal information is governed by our Privacy Policy which is incorporated into this Agreement by this reference.

8. Termination

If you violate this Agreement, we will assess your harmful behavior and might modify or discontinue, terminate or suspend your access to our Site. We reserve the right to take appropriate legal action.

To the extent that we are practically able to do so, we may terminate your access to our Site without notice if you breach any of the Terms. We reserve the right to make use of any technological, legal, or other means to enforce the Terms and prevent you from accessing our Site.

Any provision of this Agreement which by its terms imposes continuing obligations on the parties shall survive the expiration or termination of this Agreement. Your information will be maintained and deleted in accordance with our Privacy Policy.

9. Indemnification.

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents and affiliates (each deemed as an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your misuse of the Site; Your breach of these Terms or any representation, warranty or covenant or your violation of any applicable laws, rules or regulations through or related to the use of the Site.

10. Limitation of Liability

We are not liable and you agree not to hold us responsible for any damages arising out of or in connection with the Terms, including but not limited to:

1. glitches, bugs, errors, viruses or other malicious software obtained by accessing, or linking to our Site.
2. damage to your device from the use of the Site.
3. your inability to use our Site.
4. a suspension or other action is taken with respect to your account.
5. the failure of any telecommunications or computer services, systems, equipment, or software operated or provided by any third party.
6. your reliance on the accuracy, or reliability of profiles, recommendations or other information found on or made available through our Site.
7. Any other event not reasonably within our control.

   11. Disclaimer of Certain Damages and Warranties

To the fullest extent of law, we shall not be liable to you or anyone else for any indirect, exemplary, incidental, consequential or other damages of any type or kind, including but not limited to lost profits, pain and suffering, emotional distress, loss of data or revenue, copyright infringement, and/or economic advantage.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site.

To the fullest extent provided by law, Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

12. Dispute Resolution

You agree to resolve disputes in a prompt, low-cost and mutually beneficial way. Before taking legal action or requesting legal proceedings, you will personally participate in an alternative dispute resolution procedure. Mediation and/or an arbitral forum will be mutually selected.

If a dispute cannot be resolved amicably by the parties within 7 days of the dispute arising, the dispute may be referred by either party to the process of dispute mediation or online commercial arbitration administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) (The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration.) or any other online dispute resolution (ODR) center agreed upon between the parties after the dispute arises. If one party rejects another ODR for the resolution of the dispute it shall be administered by JAMS, Inc. as set out above. The mediation or arbitration rules shall be nominated by the mediator or the arbitrator.

You may be required, at our sole discretion, to give up any and all rights you may have to seek legal action to resolve any disputes arising from these terms through any other means, including but not limited to any court of law.

Any cause of action or claim you may have relating to these Terms must be commenced within one (1) year after the cause of action accrues; Otherwise, such cause of action or claim is permanently barred.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section.

You give up your right to participate in a class action or other class proceeding.

Nothing in this clause affects a party’s right to obtain interlocutory relief or to commence legal proceedings.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of France, where Company conducts its business operations, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be, if not settled pursuant to Section 11 of this Agreement, instituted exclusively in the courts of the France, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

14. Miscellaneous

We reserve the right to change our Terms from time to time to comply with applicable laws and regulations and in such cases, we will notify you in a timely manner.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to prohibit and/or restrict access to Users who violate our Terms and seek legal action when applicable.

Except as otherwise provided in these Terms, if any provision is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

When we require that you provide an email address, you are responsible for providing your most current e-mail address. In case the last email address you provided is not valid or is not capable of receiving a message, notice or notification, such notice shall be deemed as an effective notice.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The headings are included for convenience only and shall not affect the interpretation of the Terms.

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

The Terms set out here should be read in conjunction with our Policies.

15. Contact Information

If you have questions, feedback, or requests about our Terms, please use the following contact information:

Company: Ehoudiniacademy

Website: www.ehoudiniacademy.com

Email Address: erwin@ehoudiniacademy.com