TERMS OF USE

Effective: August 22, 2022.

Welcome to Shen Yun Arts Proficiency Assessment Center!

The following Terms of Use (“Terms”) govern your use of our website, products, and services (“Services”). By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms. Please review carefully.

Using Our Services

You may use our Services only in compliance with these Terms and all applicable laws. You need an account to use our Services.

You must be at least 18 years of age to set up an account and use the Services. If you are below 18 but above the required age for consent to use online services where you live (for example, 13 in the United States), you cannot set up an account, but your parent or legal guardian may open an account and help you access content that is appropriate for you. If you are below the age of consent (13 in the United States) to use online services, you cannot use our Services. We will terminate any account that we discover violates these rules.

You may register only one account. Any registration and account information you submit to us must be true, accurate, and complete. You agree to update your information to keep it accurate and complete. You agree that you will not share access to your account or access information for your account with any third party.

When you register an account and access our Services, you accept from us a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You can download content from our Services only for your personal, non-commercial use. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

Our Content

We offer courses and content (“Content Offering”) from the Content Providers. We also provide exams after you complete your courses. We issue Classical Chinese Dance Certifications if you pass the exams. Please see our Certification Instructions. Depending on the courses you select, you may be required to upload a video recording to satisfy the exam requirements. We do not grant academic credit for the completion of Content Offerings. We reserve the right to cancel, reschedule, or modify any Content. Content is subject to the Disclaimers and Limitation of Liability sections below.

Your Content

The Services allow you to submit or share your content, such as homework, exams, assignments, and feedback (“User Content”), with our instructors and other users. You retain all intellectual property rights and are responsible for the User Content you create and share. User Content does not include course content or other materials made available on or placed on our platform by or on behalf of Content Providers or their instructors using the Services.

We welcome feedback regarding our Services. If you provide any feedback to us, such feedback is not confidential, and we may use such feedback without restriction or compensation to you.

Our use of your User Content is subject to the Privacy Notice. We will keep your Personal Data confidential and secure in accordance with industry standards for physical, technical, and administrative security. However, there is the risk of security breaches by an unauthorized third party affecting our security systems. Please notify us immediately of any compromise or unauthorized use of your account by emailing apac_help@shenyunzuopin.com.

Third-Party Content

You will have the ability to access and/or use content offered by Content Providers such as instructors, other users, and other third parties and links to websites and services maintained by third parties. We cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

Paid Services and Refund Policy

Some of our Services are paid Services (e.g., courses and certifications) for a fee. All fees are quoted in U.S. Dollars unless otherwise stated. You are responsible for paying all fees charged by our Services and applicable taxes when you select the specific paid Service. We reserve the right to change any fees at any time at its sole discretion, effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.

We are constantly improving our Services. If a paid Service is removed while you are using it, a refund may be available. We and our Content Providers and instructors shall not have any liability to you for any such action.

Please note that we have no obligation to offer refunds to users who violate the Terms of Use. Similarly, we have no obligation to refund users who are unsatisfied with their final grade or who do not receive a passing score or a certificate.

For details of our refund process, including instructions for requesting a refund, please contact apac_help@shenyunzuopin.com.

User Conduct

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services.

By using our Services, you agree not to post content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Threatens or organizes acts of violence or otherwise creates a risk of harm to others.
  • Advocates or promotes suicide or self-harm or poses a risk of injury to others.
  • Attempts to solicit, buy, sell, trade, donate, gift, or otherwise engage in trafficking illegal drugs.
  • Violates intellectual property, privacy, or other rights.
  • Contains irrelevant or inappropriate advertisement, promotion, or solicitation
  • Otherwise violates the Terms of Use.

You also agree not to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example, by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of our platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any third-party conduct or content, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall our aggregate liability for all claims related to the Services exceed thirty U.S. dollars ($30) or the total amount of fees we receive from you for the use of Paid Services during the past six months, whichever is greater.

You agree that any cause of action related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Intellectual Property Rights

Copyright and Trademark Policy

We respect your intellectual property rights. If you believe in good faith that materials on the Site infringe your intellectual property rights, such as copyright or trademark, you may contact us at copyright@shenyuncreations.com requesting that the material be taken down from our Site. Under the Digital Millennium Copyright Act of 1998 and other applicable laws, we may remove the offending content, warn the user who posted the content, and/or temporarily or permanently suspend or disable the user’s account.

Your takedown notice must include the following information:

  1. Your signature or the signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the protected work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
  4. your name, address, telephone number, and email address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more information on protecting intellectual property rights, please visit the U.S. Copyright Office at https://www.copyright.gov/ or U.S. Patent and Trademark Office website at https://www.uspto.gov/trademarks.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our affiliates, officers, directors, employees, and agents harmless against any and all claims, liabilities, expenses, and damages (including but not limited to attorney’s fees), arising from (i) your use of and access to the Services (ii) your violation of any term of this Agreement; or (iii) your violation of any law or third party rights, such as any copyright, property, or privacy right. You also agree to assist and cooperate with our defense of any such claims. This defense and indemnification obligation will survive your use of the Services.

Governing Law and Venue

You agree that these Terms will be governed by the laws of the State of New York, without regard to its conflicts of law principles.

Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy between you and us arising from or in connection with these Terms shall first be settled by you and us through good-faith consultation. In the event the parties fail to reach an agreement on the dispute within sixty (60) days after delivery of the written request for consultations by one party to the other party, the dispute may be submitted to the American Arbitration Association (AAA) for arbitration, which shall be conducted in accordance with AAA’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon all parties. Please see the mandatory Arbitration Agreement below.

You agree that in the event of any dispute between you and us, you will first contact us at the following contact address and make a good faith effort to resolve the dispute before resorting to arbitration:

Shen Yun Arts Proficiency Assessment Center, Inc.
14 Jason Place, Middletown, NY 10940
Email: apac_help@shenyunzuopin.com

Updating the Terms of Use

We may update the Terms from time to time without notice. Such updates will be effective immediately upon posting on our Site. Your continued use of the Services after publication of such updates, with or without notification, constitutes binding acceptance of the revised Terms. We encourage you to visit this page and review the most up-to-date version.

Severability and Waiver

If any section of these Terms is found to be invalid or unenforceable for any reason or to any extent, the enforceability of the remaining sections of these Terms will not be affected, and the application of that section shall be enforced to the extent permitted by law. If you violate the Terms of Use and we or any third-party beneficiary do not immediately take action, this shall not be deemed or construed as a waiver of our or the third-party beneficiary’s rights to enforce the Terms of Use in the future.

Third-Party Beneficiaries

Our Content Providers and integrated service providers are third-party beneficiaries of the Terms and may enforce those sections of the Terms that relate to them.

Notice to California Users

If you are a California resident, in accordance with California Civil Code Section 1789.3, we inform you that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

ARBITRATION AGREEMENT

After attempts to resolve disputes informally, any remaining dispute, controversy, or claim relating in any way to these Terms and the Service, Content, and Product will be finally resolved by binding arbitration.

This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not govern any claim by us for infringement of its intellectual property or access to the Service that is unauthorized or exceeds the authorization granted in these Terms.

Further, nothing in this Arbitration Agreement waives, precludes, or otherwise limits any of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with these Terms, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

Procedure for Arbitration

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Shen Yun Arts Proficiency Assessment Center, Inc.
14 Jason Place, Middletown, NY 10940
Email: apac_help@shenyunzuopin.com

The AAA will administer the arbitration under its rules. If you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes will be applied. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 and are hereby incorporated. In the event of any inconsistency between this arbitration section and the AAA Rules, such inconsistency shall be resolved in favor of this section.

If you decide to initiate arbitration, you agree to pay the $200 initiation fee required by the AAA Consumer Arbitration Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. If we initiate arbitration, we will pay all costs associated with the arbitration.

A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims and issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration.

Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction.

You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it, such as any documents submitted or exchanged and any testimony or other oral submissions and awards, will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

Time for Commencing Claim

Any claim arising from or in connection to these Terms must be commenced within one (1) year after the date the party asserting the claim first knows or ought to have known of the facts giving rise to the claim. There shall be no right to any remedy for any claim not commenced within that time period.

Class and Representative Action Waiver

Any claim must be brought in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum.

In the context of arbitration, the arbitrator will not have the authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity who is not a party to the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this section, notwithstanding any state law that may be applicable.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void.

This binding arbitration and class action waiver section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to engage in discovery except as provided in the AAA rules. Other rights that you or we would have in court also may not be available in arbitration. However, this arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies.

No waiver of any provision of this section will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

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