What are the product specific terms?

These include any additional terms that apply to your use of each of our product offerings, our consulting and other services, and third party services.

PLEASE READ THESE TERMS CAREFULLY.

The Tourism Academy, Inc. Product Specific Terms are intended to highlight some of the important things about using our different products.  The Product Specific Terms form part of the Tourism Academy, Inc. Customer Terms of Service (the “TOS”) and are hereby incorporated therein.

If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) applies to your use.  We periodically update this page by posting a revised copy at https://knowledge.tourismacademy.org/product-specific-terms, so please check back here for current information. 

The Services Provided by Tourism Academy, Inc.
  1. Tourism Academy, Inc. Platform and Tourism Academy, Inc. Services
  2. Consulting, Course Creation & Other Services
  3. The Course Catalog & Promotion
  4. Speaking Engagements
  5. Customer Support

The Services Provided by Tourism Academy, Inc.

Tourism Academy, Inc. Platform and Tourism Academy, Inc. Services

Tourism Academy, Inc. provides an open online content creation platform designed to allow content creators (“Creators”) to build, design, publish, and sell courses and other services to their end users (“Students”). Tourism Academy, Inc. provides each Creator with a dedicated Tourism Academy, Inc. environment (“school”) to host and offer their services. Tourism Academy, Inc. offers subscriptions to this content creation platform along with a number of additional services and tools (e.g. consulting, public speaking, payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in these Terms as "Tourism Academy, Inc. Services".

  1. What Tourism Academy, Inc. Owns

    All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Tourism Academy, Inc. Content”, and is and will remain the exclusive property of Tourism Academy, Inc. and its licensors. Tourism Academy, Inc. Content is protected by intellectual property rights both in the United States and internationally.

    Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Tourism Academy, Inc.’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Tourism Academy, Inc. grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Tourism Academy, Inc. Services to fulfill your personal and commercial purposes.

    You agree not to do any of the following while accessing or using the Platform and/or Tourism Academy, Inc. Services:

    1. license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Tourism Academy, Inc.'s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).

    2. circumvent or disable any security or other technological features or measures of the Platform.

    3. copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Tourism Academy, Inc..

    4. engage in any activity that would interfere with, damage, or harm the Platform and/or Tourism Academy, Inc. Services.

    All rights not expressly granted by Tourism Academy, Inc. are reserved.

  2. What You Own

    Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Tourism Academy, Inc. does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or Tourism Academy, Inc. Services.

    By uploading User Content to the Tourism Academy, Inc. Platform, You agree that:

    1. Tourism Academy, Inc. may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Tourism Academy, Inc. has no obligation to review anything that You upload.

    2. You are uploading User Content to the Tourism Academy, Inc. Platform at Your direction and Tourism Academy, Inc. does not in any way certify or provide approval or permission prior to You uploading User Content.

    3. Tourism Academy, Inc. may display User Content to other users (e.g. Your Students) via the Tourism Academy, Inc. Platform for the purpose of providing Tourism Academy, Inc. Services.

    4. You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.

    5. You agree to provide Tourism Academy, Inc. with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Tourism Academy, Inc. Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).

    6. You are responsible for and own, or have the rights to use, all of Your User Content.

  3. Your Posts

    The Tourism Academy, Inc. Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators will have the opportunity to submit Posts to other members of the Tourism Academy, Inc. community. For the avoidance of doubt, Posts exclude User Content (including Creator Content).
    By submitting Posts to the Tourism Academy, Inc. Platform, you grant Tourism Academy, Inc. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Tourism Academy, Inc. may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.

  4. Content Free of Infringement of Any Third-Party Rights

    1. You agree that Your User Content and/or Posts do not infringe upon anyone else's intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

    2. In plain language, this means that if You're using someone else's work (including videos, text, charts, powerpoints, etc.) in Your User Content or Posts, You've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.

  5. Feedback

    You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Tourism Academy, Inc. Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback into Tourism Academy, Inc. Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in your Feedback, You should not post them to the Platform or send them to us.

  6. Processing of Data by Creators

    1. Creators are responsible for protecting all personal information they provide to, or receive from, Tourism Academy, Inc. in connection with the use of Tourism Academy, Inc. Services. Tourism Academy, Inc. Data Processing Agreement ("DPA") forms part of these Terms and sets out Tourism Academy, Inc.'s and Creator's obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator's use of Tourism Academy, Inc. Services to process Student Data or Creator Data (as these terms are defined in the DPA).

    2. Creators are considered controllers or "owners" of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students' privacy rights in accordance with applicable law, and providing access to or deleting Students' personal information if they request and as required by applicable law.

  7. Modifications
    We will not make changes to the Platform that materially reduce the functionality provided to you during the Subscription Term.
  8. Notice of Non-Renewal
    Unless otherwise specified in your Order, to prevent renewal of subscription or paid Add-Ons, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
  9. Retrieval of Customer Data
    We will not provide you with any access to Customer Data after termination or expiration of your subscription. If you want to retain any Customer Data after your Subscription Term ends, we recommend you export that data from your HubSpot account in advance.

The Course Catalog

The Tourism Academy, Inc. Platform encompasses the Course Catalog ("Course Catalog"), a marketplace that allows Users to search, find, and sign up for select Creator offerings. Course Catalog is an overall part of the Tourism Academy, Inc. Platform, and these Terms apply in full force to the use of Course Catalog. However, to the extent that You are a Creator being featured on Course Catalog, the terms of the Tourism Academy, Inc. Course Catalog Agreement shall govern and take precedence in the event of any conflicts with these Terms.


Consulting, Course Creation & Other Services

Consulting Services

You may purchase Consulting Services (also referred to as instructional design or course creation services) by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English.  Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.

  1. Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice. 

  2. Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).  

    If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.  

    If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.

  3. Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers.  Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.


Speaking Engagements

Speaking Engagements

Engagement Fee
Client will pay Company an engagement fee plus reimbursement for related expenses, as defined below, which will be paid according to the following schedule:

  • Deposit due: 50% of agreed upon fee is due at the time of signing
  • Balance: remaining balance due on the date of presentation
Upon request, Client will provide Company with a copy of program registration list.

Expenses

Expenses for Company travel and other incidental items will be billed after the event, are due upon receipt and may include:

  1. Air travel to event location (coach class within North America, business class internationally) OR, at the Speaker’s sole discretion, round trip mileage reimbursement as defined by the US Internal Revenue Service (IRS) for events occurring within 300 miles of the Speaker’s primary residence.
  2. Ground transportation which may include taxi, tolls, transfers and/or parking when applicable.
  3. Meals, gratuities and incidentals billed at the greater of either actual cost or per diem rates as defined by the US General Services Administration (GSA).
  4. Hotel accommodations (if required) shall be made by the Client and billed to Client at Client business address.

Postponement or Cancellation

Once a presentation date is established, Company commits time and resources on Client’s behalf. As a result, Company charges a cancellation fee to recover upfront expenditures and/or losses that may occur by not scheduling other business on Client’s event date.
Should the presentation be postponed or cancelled for any reason, the following fee schedule shall apply:

  • Less than 30 days before event: 100% fee will be charged
  • Between 30 – 60 days before event: 50% fee will be charged
  • More than 60 days before event: 25% will be charged

Audio & Video Recording

Both Company and Client may record all or part of Company’s presentation. Should Client record the presentation, Company requires delivery of a master copy of the recording within 30 days after event close. Client may distribute copies of our presentation to internal staff, but may not sell copies or distribute to others not employed directly by the Client. Should Client wish to make other recording or distribution arrangements, a separate agreement will be required.

Independent Contractor.

The Parties expressly agree that Company is an independent contractor and not an employee and that this Agreement does not create an employer/employee relationship between Client and Company; nor does this Agreement create a joint venture or partnership between the Parties.


CUSTOMER SUPPORT

If you pay us a Subscription Fee support is included at no additional cost.

Phone Support. 

Phone support for subscriptions is available Monday-Friday from 9am to 5pm EST (Eastern Standard Time). We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by following the link at http://knowledge.tourismacademy.org. 

Email and In-app Support. 

Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.  We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Tourism Academy, Inc. representatives.  

Support Limitations.

Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by Tourism Academy, Inc..

Free Services. 

If you do not pay a Subscription Fee, support is available to you through the Tourism Academy, Inc. Knowledge Base available at: knowledge.tourismacademy.org