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Terms of Use

These terms and conditions are the contract between You and Ayni Institute, Inc (“us”, “we”, etc), the non-profit operating and managing the Ayni School Website and Platform. By visiting or using our Website, you agree to be bound by this agreement even if there are changes in the future and the Ayni School is no longer held as a project of Ayni Institute Inc. In other words, you are agreeing to the terms and conditions of this Website and Platform now and with whatever future entity holds, manages or operates Ayni School.

You can contact us by emailing OurAyniSchool@gmail.com

“You”, “User” are: Anyone who uses our Website, whether or not an account has been created.

Please read this agreement carefully and save it. BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU ARE DEMONSTRATING YOUR AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). If you do not agree with it, you should leave Our Website and platform immediately. Please also review our Privacy Policy.

These are the agreed terms.

KEY DEFINITIONS

  1. “Content” means the textual, visual or aural content that is encountered as part of your experience on our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
  2. Our “Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
  3. “Our Website” and “Platform” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us as part of the Ayni School. It includes all web pages controlled by us. Both terms can be used interchangeably.
  4. “Post” means any Content or material of any sort that you place by any means on or into Our Website or Platform. 
  5. “Services” means all of the services available from Our Website and Platform.

AGE OF ACCESS

We are not a site currently targeted at children or those under the age of 16. We may make the site available to those between the ages of 13 and 16 in the future, however, in the meantime,

You must be at least 18 years old to use the Platform, or, if you are between the ages of 16 and 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform). For the time being, IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.

INTELLECTUAL PROPERTY

As you use Our Website and Platform, it’s important to be clear who owns what and who is responsible for what. We are trusting you with what you Post and you are trusting us with the Content we make available.

  1. School Content: We believe in moving towards creating a reciprocal world. Therefore, the Content that we create and upload to the Platform (which includes information, text, graphics, pictures, audio and video files, etc.) is intellectual property licensed under a Creative Commons Attribution-NonCommercial 4.0 International Public License, unless otherwise stated. This means that you can remix, adapt, and build upon our work as long as you give us appropriate credit and do not use it for commercial purposes. For more information on this License, please visit this website. Each course that is created and uploaded will also have their own license under a Creative Commons. You agree to follow those specific licenses as well.
  2. Your Content/Posts: Content that You upload to the Platform is and remains your content. We do not claim any intellectual property rights over the materials you upload to the Platform. By uploading your content to the Platform, you agree that:
    1. We can review and prohibit your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but we have no obligation to review anything that you upload.
    2. You are uploading your content to the Platform at your discretion and we do not in any way provide approval or permission prior to you uploading your content. 
    3. You are allowing us to store your Content.
    4. We may display your content to other Users via the Platform.
    5. You agree that your Content does 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. In other words, if you Post content that is not yours, you agree that you have gotten their permission to use it.

CODE OF CONDUCT & PROHIBITED ACTIVITIES

You have the ability to Post Content on our Website in several ways and for different reasons. In order to protect our Platform and staff and to protect other Users, we regulate your use of our Platform. All Users accept and agree to these terms.

  1. We do not undertake to moderate or check every item posted. If you violate this Code of Conduct, we reserve the right to edit, refuse or remove you and any of your Content from out Platform. 
  2. Whether conduct violates our Code of Conduct will be determined by our sole discretion. You may also choose to block other users as needed and, because we may not be able to see all content all the time, we rely on and encourage Users to support us in flagging content that is inappropriate or prohibited.
  3. You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may be:
    1. Commercial: This consists of commercial audio, video or music files.
    2. To Sell Goods: To be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for commercial use.
    3. Prohibited: Be obscene, offensive, threatening, hateful, violent, malicious, defamatory, pornographic, predatory, or otherwise objectionable, all of which shall be determined by our sole discretion.
    4. Sexual: Be sexually explicit or pornographic.
    5. Age-Inappropriate: Send age-inappropriate communications or Content to anyone under the age of 18.
    6. Fraudulent: Be likely to deceive, defraud, mislead or trick any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.
    7. Give the Impression of Endorsement & for Recruitment: Give the impression that it emanates from us or that you are connected with us or that we have endorsed you, your business, group or organization. This includes Posting Content as a way to recruit Users to be a part of particular organizations or become part of particular social issues and which gives the impression that we endorse, support or agree with you.
    8. Impersonate Others: Post Content on behalf of some other person, or impersonate another person.
    9. Exploitation: Request or collect passwords or other personal information from another User without their permission, nor Post any unnecessary personal information about yourself.
    10. Harass: Annoy, intimidate, harass or threaten any of our employees or agents.
    11. Bad Code: Transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
    12. Spamming: Engage in any activities that will result in sending spam to anyone on the Platform, including posting excessive or repeated off-topic messages to any forum or group.
    13. Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
    14. Use Other Than Intended: You may not use a Post to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
  4. In addition to the restrictions set out, a Post must not contain:
    1. keywords or words repeated, which are irrelevant to the Content Posted.
    2. the name, logo or trademark of any organization other than yours. 
    3. inaccurate, false, or misleading information.

PRIVACY POLICY

Our privacy policy includes the type of information we collect from you and how it is used. Please read and review the Privacy Policy here as you will need to agree to it as well in order to create your account.

DISCLAIMER/LIABILITY 

In running the Platform, we require that you understand and agree that you are using it at your own risk and we are not liable for a number of things, including your breach of this Agreement and losses that may result from your use of the Platform. We also require that you understand and agree that the Platform is offered “As Is” and may not always be 100% perfect or reliable and that we don’t warrant or guarantee that it will always be free of errors or defects; that it will be useful to you; of satisfactory quality; fit for a particular purpose; and available or accessible, without interruption, or without error.

Our limitations of liability are as follows:

  1. You agree that Ayni Institute, Inc and the Ayni School, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from your use of the Platform.
  2. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any injury, loss, claim or damage arising from your use of any such website or from your buying services or goods via such a website.
  3. We are not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
  4. We not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
  5. The Website and Platform are provided to you on an “As Is, As Available” basis. As such, you agree to have an external method of recovering any lost data that may be uploaded to the Platform.
  6. We shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
  7. You agree that we shall not be liable for any losses, injuries, claims, or damages from tour violation or breach of this Agreement. You agree to indemnify, defend, and hold us harmless, including our present officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you or arising from or related to your use or misuse of the Platform.
  8. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Platform.
  9. You may not assign or transfer any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. 
  10. You agree that we shall not be liable for any content that appears on the Platform. You are also advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website.
  11. You agree that in any circumstances where we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
  12. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
  13. Our Website and Platform are not responsible for the comments, views, content, posts, or opinions of Users, and the site reserves the right to remove offensive comments or images. Once we are aware of the Content at hand, we may take up to 30 days to provide a response. A response includes a process to engage in the matter at hand once it has reached us via this form.

CHOICE OF LAW

We do not seek to enter into legal battles, but if you choose to do so, this Agreement shall be governed in accordance with the laws of the State of Massachusetts without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Suffolk in the State of Massachusetts. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved through a Restorative Justice (RJ) community process. We believe that crimes should not be resolved solely through the traditional method of punishment and we should instead be investing in alternative ways of achieving justice. RJ addresses conflict and crime through bringing together both parties and community members in order to come to a solution that can repair damage, restore relationships and create meaningful solutions. To find out more, you can visit the following site: About Restorative Justice 

You and Ayni Institute Inc agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.

You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Ayni Institute Inc and all parties to any such proceeding.

SOFTWARE TERMS OF USE

We use WordPress and various plugins (including LearnDash, Buddyboss and H5P) to create Our Website and Platform. By using our Platform, you are agreeing to their Software Licensing and Terms of Use which can be found in the list below. We also use additional plugins and may use more in the future. We have included some of them in the list below, but even if they are not listed here, you are agreeing to their Terms of Use as well.

  1. WordPress’ software is licensed under GPLv2 (or later). You can find more information about it here.
  2. LearnDash LMS is licensed under the GNU general public license.
  3. Buddyboss’s “themes & plugins are created for WordPress, an open source software released under the GNU public license http://www.gnu.org/licenses/gpl.html . Therefore, any part of our themes or plugins which constitute a derivative work of WordPress are also licensed under the GPL 3.0.” https://www.buddyboss.com/licenses/ 
  4. H5P.org’s content “is licensed under Creative Commons Attribution 4.0 International unless anything else is specified.” https://h5p.org/licensing 

FEES & PAYMENT

  1. Payments on this Website are made through Paypal. You agree to follow the terms and conditions set forth by Paypal when using their services.
  2. Pricing: Each course will have their own pricing. You agree to pay Ayni Institute for what you purchase, whether it is through one or multiple payments.
  3. All course purchases are non-refundable and all cohort experiences have their own refund policies.

CONTACT US

You can contact us by emailing OurAyniSchool@gmail.com 

EFFECTIVE DATE: MARCH 31, 2021