General

Please read these Terms carefully. They are a legal document and explain your rights and obligations related to your use of the Online Academy, including any Services and/or Content you access or any purchases you make in relation to the Online Academy. By using the Online Academy and/or Platform or by otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not or cannot agree to these Terms, you may not use the Online Academy and/or Platform.

To enter into this agreement for the use of the Online Academy, you must be at least 18 years old, or - if you are under 18 years old - your parent or legal guardian must consent to this agreement as well.

Article 1. Application Terms and Conditions of Use Online Academy

These terms and conditions of use (“Terms”) apply to all services provided by WEAREONE.WORLD BV with registered office at Korte Vlierstraat 6, 2000 Antwerp, Belgium and registered in the CBE with number 0867.239.782 ("Tomorrowland") under the name and/or as part of the " Tomorrowland Academy – Online Academy” (“Online Academy”) which is accessible on: https://platform.academy.tomorrowland.com/ (“Platform”) (the “Services”). The Services include among others online DJ/producer courses, course materials, (livestream) events and tools (such as samples, downloadable materials and project files) and include all options and features, recommendations and reviews, website and user interfaces, as well as all content and software associated with this Service, as provided by Tomorrowland at its sole discretion.
The registration for the Online Academy and/or the use of the Platform and/or Services by an individual (natural person or legal entity) (the “Customer”) implies the express, unconditional and irrevocable acceptance, without any reservation, of these Terms by the Customer (as well as by any person in whose name and/or on whose behalf the Customer completes such registration or use), who acknowledges having taken notice of their content.
These Terms can be consulted, in their latest and valid version, on the Platform. Tomorrowland reserves the right to amend and/or update these Terms from time to time. Such amendments will be announced on the Platform and/or by email to the email address provided by the Customer.
These Terms do not in any way affect any mandatory legislation applicable to the Customer who is a consumer within the meaning of Article I,1, 2° of the Belgian Code of Economic Law (“CEL”).

Article 2. Online Academy Account

To access the Online Academy, the Customer must register via the Platform and create a specific Online Academy account ("Account") and agree to the applicable privacy policy and terms and conditions, as required during the registration process.
The Customer acknowledges and accepts that to enter into this agreement, he must be at least eighteen (18) years old or have permission from a parent or legal guardian to enter into this agreement.
Tomorrowland reserves the right to reject the registration and/or creation of an Account and/or deny the Customer access to the Platform at any time and at its sole discretion, without prior notice or the need to provide a reason. Tomorrowland may exercise this right if the person applying for registration, resp. Customer is found or can be reasonably considered to be/have been in violation of these Terms, any applicable law or regulation, or for any other legitimate reasons deemed appropriate by Tomorrowland. The person applying for registration, resp. Customer acknowledges that Tomorrowland shall not be liable for any damages or losses resulting from the denial of registration, resp. access to the Platform in accordance with this clause.
The Customer can request to have his Account deleted by sending an email to Tomorrowland as indicated on the Platform. The Customer accepts and acknowledges that in case of deletion of the Account all information regarding the Account may (without obligation for Tomorrowland in this regard) be permanently deleted by Tomorrowland, without any further obligations by Tomorrowland towards the Customer. If at the time of sending a request for deletion of the Account, the Customer has an active Subscription, article 3 shall apply.
Specific information about the Account can be found on the Platform under the "Account" section.

Article 3. Subscription plan

The Customer can opt for a (paying) monthly or annual subscription plan (“Subscription”), in accordance with the specific terms (incl. – without limitation – the pricing details) as mentioned on the Platform and which gives the Customer the right to access Membership Content as described in Article 4 and in accordance with the aforementioned specific terms.
The Subscription is not transferable.
The minimum term of the Subscription is three (3) months for monthly subscription plans and twelve (12) months for annual subscription plans.
After expiry of the minimum term of the Subscription (i.e. three (3) or twelve (12) months, depending on the type of Subscription the Customer has opted for), the Subscription shall automatically renew for successive terms of one (1), resp. twelve (12) months ("Renewal Term") in accordance with the most recent specific terms (incl. the most recent prices) applicable with regard to such Subscription as stated on the Platform, unless the Customer provides notice of termination regarding the Subscription no later than seven (7) calendar days before the expiry of this minimum term, resp. Renewal Term. The Subscription then terminates after the end of the minimum term, resp. Renewal Term.
Termination of a Subscription by the Customer can be submitted via the Account in the Platform. The Customer shall not be entitled to any compensation and/or reimbursement of any fees paid by it in relation to a terminated Subscription.
If the Customer has terminated the Subscription, the Customer will continue to have access to the Free Content (as described below) until the Account is deleted definitively.
Tomorrowland reserves the right to change the Subscription formulas and/or adjust the specific terms regarding the Subscription (incl. without limitation with regard to the prices) and will notify the Customers thereof in writing. Unless expressly stated otherwise, such changes will be automatically applicable 30 days after notification. If the Customer does not wish to accept these changes, the Customer has the right to terminate the Subscription with immediate effect within the aforementioned period, without being entitled to any compensation and/or reimbursement of any fees paid by it in relation to a terminated Subscription.

Article 4. Content

The Tomorrowland Academy Platform offers three types of content to the Customer, the terms of which will be available on the Platform:
1. Free Content: content that is always accessible to Customers, free of charge;
2. Membership Content: content that is accessible to Customers who have purchased a Subscription; and
3. Exclusive Masterclasses: content in the form of several individual masterclasses that is accessible for a limited period of two years after the date of purchase thereof (unless a different period is indicated on the Platform at the time of such purchase) to Customers who have purchased such specific Exclusive Masterclass; (jointly: the “Content”).
Tomorrowland reserves the right to adjust the Services, Content and content formulas without notice and at its sole discretion. If such adjustment would have a significant negative impact on the Customer, thus eroding his Subscription, Tomorrowland will notify the Customer thereof in writing. Unless expressly stated otherwise, such changes will be automatically applicable 30 days after notification. If the Customer does not wish to accept these changes, the Customer has the right to request for deletion of his Account in accordance with article 2.4 and/or terminate the Subscription with immediate effect within the aforementioned period, without being entitled to any compensation and/or reimbursement.

Article 5. Prices and Payment

The prices indicated on the Platform include VAT and are stated in Euros and/or Credits. Offers (incl. prices) are valid on the day the offer is mentioned on the Platform. Tomorrowland is entitled to change the prices at its sole discretion.
Any applicable discounts granted to the Customer will be listed on the Platform. Discounts are not cumulative and are automatically settled. Unlawfully obtained and/or applied discounts will be recovered by Tomorrowland, without prejudice to any other rights Tomorrowland may have in relation to such unlawful acts.
The Subscription price will be debited monthly or annually in accordance with the payment method (a current, valid, accepted payment method that can be updated from time to time) chosen by the Customer and accepted by Tomorrowland. Tomorrowland may (at its reasonable discretion) charge extra fees for international transactions and/or specific payment methods, as indicated on the Platform.
Exclusive Masterclasses will be purchased separately by the Customer and immediately settled via an accepted payment method as indicated on the Platform.
If a payment fails, the Customer remains liable for the amounts Tomorrowland was not able to collect. In such event, the Customer’s Subscription shall be suspended immediately. Tomorrowland may suspend access to the Platform, the Membership Content and/or Exclusive Masterclasses until receipt of the full payment and/or charge additional fees. Tomorrowland reserves the right to unilaterally terminate the Subscription and/or delete the Account if a full payment has not been made by the Customer within a reasonable term.
In accordance with Article VI.53, 13° CEL, consumers do not have a right of withdrawal with regard to the purchase of the Subscription, Exclusive Content and/or any Services, given that this relates to the supply of digital content on a non-tangible medium, whereby the Customer expressly agrees to immediate performance and acknowledges that it thereby loses his right of withdrawal.
Article 6. Credits and unlocked content and features"Credits" are virtual units of currency, which can be used by Customers with an active Subscription to unlock certain specific content, access special features or make in-app purchases on the Platform (such as for example certain specific courses, tools or access to certain events), as indicated and described on the Platform.
Credits are only available for Customers with an active Subscription. The Credits, as well as all content and features unlocked with such Credits will be deactivated in the Customer’s Account in case and as long as the Subscription is terminated.
Any unlocked content and features will remain available to the Customer with an active Subscription for a limited period of time as from the unlocking thereof, as indicated regarding such content or features on the Platform. This term will not be suspended in the periods of (temporary) termination of the Subscription.
As part of a Subscription, the Customer will periodically receive a certain amount of Credits. Customers with an active Subscription can also purchase Credits via an accepted payment method as indicated on the Platform.
The Customer will be able to consult its Credits balance in his Account.
The Credits are not transferable nor refundable.

Article 7. The Platform, Content and Services

To access and use the Platform, the Customer must have internet access and a Platform-compatible device.
The Platform, Content and Services are provided on an “as is” and “as available” basis, without warranty of any kind. Tomorrowland, its licensors and its and their affiliates disclaim all warranties, conditions, common law duties and representations (express, implied, oral and written) with respect to the Platform, Content and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Tomorrowland knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Tomorrowland does not warrant that: (1) the Content, information, software, products and Services provided on the Platform will operate properly, (2) the Content, information, software, products and Services provided on the Platform will meet your requirements, (3) the operation of the Platform, the Content, information, software, products and Services provided on the Platform will be uninterrupted, bug free, or error free in any or all circumstances, or (4) any defects in the Content, information, software, products and Services provided on the Platform can and/or will be corrected. Tomorrowland, its licensors and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Platform, Content and/or Services.
Tomorrowland strives to keep the Platform continuously available and accessible to the Customer. However, given the technical characteristics of the Internet, and the need to perform periodic maintenance, update or upgrade work, Tomorrowland cannot guarantee uninterrupted access to and service of the Platform. Tomorrowland will make every effort to resolve any problem as quickly as possible. Interruptions or failures are peculiar to the provision of services via the Internet. These cannot be considered failures and will not give rise to compensation.
Tomorrowland pays the utmost attention and care to the content of the Platform, in particular to the teaching content/services. Tomorrowland reserves the right to optimize, modify and remove content from the Platform on a regular basis (including the right to remove Content and/or materials temporarily or permanently).
Tomorrowland may provide patches, updates, or upgrades to the Platform that may need to be installed in order for the Customer to continue the use of the Platform, Content and/or Services. Tomorrowland may update the Platform and its Content and Services without notifying the Customer.
All information provided on the Platform is for informational purposes only and is not to be construed as advice or guidance of any kind. The information on the Platform is not intended as a substitute for musical education.

Article 8. Right of use, Copyright, Intellectual Property

Tomorrowland grants the Customer a personal, limited, non-exclusive, non-sublicensable and non-transferable right to use the Platform, Content and Services on the Platform for personal educational and entertainment use from the moment the registration of the Account is confirmed in writing (by e-mail) by Tomorrowland and in accordance with these Terms (the “License”).
The License is intended solely for the personal and non-commercial use by the Customer and may under no circumstances be shared with persons other than the Customer. The Customer may not use this Platform for commercial, illegal or unauthorized purposes. This implies the Customer may not export or re-export the Platform, Content and/or Services in violation of any applicable law or regulation.
The copyright and/or any other intellectual property rights related to any content regarding the Platform (including without limitation the Content, Services, tools and teaching materials) become/remain the property of Tomorrowland or its licensors. The Customer may not in any way copy, disclose, distribute, sell, rent, lease, license, download, store, archive, manipulate, modify, translate, disassemble, reproduce, reverse engineer, derive source code from, make derivative works based on and/or use in a way that is not expressly authorized in these Terms any content of the Online Academy and/or Platform (including without limitation Content, Services, tools and teaching materials) in any other way without the express prior written consent of Tomorrowland.
The Customer may not remove, disable, circumvent, or modify any proprietary notice or label or security technology included in the Platform, Content and/or Services.
The Customer shall not behave in a manner which is detrimental to the enjoyment of the Platform, the Content and/or the Services by other users, including (without limitation) harassment, use of abusive or offensive language, spamming, scamming, etc.
In case the Customer infringes the aforementioned License and/or the intellectual property rights or other rights of Tomorrowland or third parties, the Customer accepts that Tomorrowland may immediately terminate the License and delete the Customer’s Account and the Customer undertakes to indemnify and hold harmless Tomorrowland and/or third parties for all claims resulting from an infringement of these rights.

Article 9. Linked websites

The Platform may contain references (for example by means of a hyperlink, banner or button) to other websites. Tomorrowland has no control over the content or other characteristics of those websites and is in no way liable for their content or characteristics. The placing of links by Tomorrowland in no way implies an implicit approval of the content of those sites.

Article 10. Passwords and secure sections

The Customer will need a personal Account and a password to access the Platform. Accessing the Platform without an Account and password is strictly prohibited. The Customer is obliged to notify Tomorrowland immediately if his password comes to the attention of anyone other than himself, or if the Customer has received such a password from a party other than Tomorrowland. Any use made of the Platform after valid identification with an Account and password will be deemed to have been made by the Customer.
By providing others with access to the Account (which, for the avoidance of doubt, is not permitted), the Customer agrees that these other individuals are acting on the Customer’s behalf and that the Customer will be bound by any changes they make to the Account, including any purchases and subscription changes.
The Customer agrees to provide and maintain correct and accurate information regarding the Account, including a valid email address so Tomorrowland can send notices about the Account. Tomorrowland may terminate or temporarily block the Account to protect the Customer, Tomorrowland or its partners from identity theft or other fraudulent activity.

Article 11. User Generated Content

Tomorrowland may request Customers of the Online Academy and/or provide features through the Platform allowing the users to create, develop, modify, or contribute content (“User Generated Content”) and upload, publish, or otherwise make available User Generated Content to Tomorrowland and/or some or all users of the Platform. Subject to the rights and licenses granted by the Customer hereunder, the Customer shall retain all rights he has in the User Generated Content, if any, provided by him.
In the event the Customer provides any User Generated Content in relation to the Online Academy and/or the Platform, he provides Tomorrowland the right to host, copy, import, store, modify, adapt, display, publicly perform (including by means of digital audio transmissions), reproduce (and make mechanical reproductions of musical works embodied in sound recordings), create derivative works of (including synchronize to visual images), publicly display, transfer, sublicense, and distribute that User Generated Content, in whole or in part, including for commercial publicity and marketing purposes, in relation to the Online Academy and/or Platform, in any country. This permission is perpetual and irrevocable and applies to any media, platform, or channel in connection with the Onine Academy, Platform, Content and/or Services. The Customer shall not be entitled to any compensation, fees, consideration, or other remuneration in relation to the User Generated Content, including (without limitation) in the event Tomorrowland exercises the aforementioned rights.
Customers who are a) affiliated with or member of a performing-rights organization (“PRO”), b) under contract with a record label, and/or c) have assigned their rights to a music publisher, must notify those parties of the royalty-free license granted to Tomorrowland regarding User Generated Content provided by it. The Customer is solely responsible to ensure compliance with the relevant party’s reporting and/or contractual obligations, and (if applicable) obtaining consent of that party to grant such royalty-free licenses under this agreement, including with regard to any new recordings provided through the Online Academy and/or Platform which such party may attempt to claim.
Each Customer represents and warrants that any User Generated Content provided by it an containing licensed music is not subject to and Tomorrowland cannot be obligated to pay royalties to any third party, including without limitation copyright owners regarding any sounds (such as record labels), any musical works (such as music publishers), PRO’s (such as SABAM, SACEM, SESAC, BMI, ASCAP, etc.) or any other third parties.
The Online Academy and Platform may not be used for activities that include intellectual property infringements. Customers may not create, generate, or distribute through the Online Academy and Platform any User Generated Content if and to the extent the Customer does not have the rights for granting licenses in relation thereto.
Customers who create, generate, and make available User Generated Content through the Online Academy and/or Platform represent and warrant that: (a) they are the creator and owner of and/or have all necessary licenses and rights to use and authorize Tomorrowland to exploit such content, (b) the User Generated Content and Tomorrowland’s use thereof in accordance with these Terms, does not infringe or violate any third-party rights (such as copyrights, trademarks, patents, trade secrets or moral rights), (c) Tomorrowland is not required to obtain further licenses, provide attribution or pay royalties or other compensations to any third parties, and (d) Tomorrowland’s use of the User Generated Content will not violate any third-party contract or cause Tomorrowland to violate any applicable laws or regulations.
Customer is at all times responsible for the User Generated Content he provides and guarantees not to provide any objectionable or inappropriate content through the Platform. In case of violation of this obligation, Tomorrowland may immediately terminate the Customer’s Subscription and/or delete the Customer’s Account.
Customer accepts that User Generated Content by other users may be provided as part of the Online Academy, Platform, Content and Services and accepts and understands that Tomorrowland will not have any responsibility and/or liability with regard thereto.

Article 12. Liability

Except as otherwise required by mandatory law, Tomorrowland shall not be liable for any damage, from any cause whatsoever, to property or persons caused by or in connection with the Online Academy, Platform, Content and/or Services or their unavailability or lack of functionality.
To the extent Tomorrowland would, under the applicable law, be liable for any damages, such liability shall, to the extent permitted by the applicable law, be limited to direct damages related to the use of the Platform, Content and/or Services with the express exclusion of indirect damages, consequential damages, incidental damages and special damages, (such as but not limited to: economic loss, loss of opportunity, loss of goodwill, loss of data or communication, damage resulting from unavailability or malfunction of the Platform, hacking, intrusion into the communication systems, loss of login data, damage in case of incompleteness, obsolescence or errors in the content of the Platform, etc.). The aggregate liability of Tomorrowland arising out of or in connection with this agreement for the use of the Platform, the Content and/or the Services, shall, to the maximum extent permitted by the applicable law, be limited to the maximum amount actually covered by its insurance and shall in any case never be higher than the total amount paid by the Customer during the twelve (12) months immediately preceding the events giving rise to such liability.
Tomorrowland is not liable for any comments made by the Customer and/or any other users on the Platform.
Tomorrowland bears no responsibility or liability for any damage (including injury or material damage) that may be caused by the Customer to itself or third parties after consulting the (Content on the) Platform.

Article 13. Force majeure

In the event of force majeure, Tomorrowland is not obliged to fulfill its obligations. In that case, Tomorrowland can either suspend its obligations for the duration of the force majeure or dissolve the agreement permanently.
Force majeure is any circumstance beyond the will and control of Tomorrowland which prevents the fulfillment of the obligations of Tomorrowland in whole or in part. This includes (but is not limited to): disruption of internet, data network or telecommunications facilities, unavailability of third party servers, fire, operational failures, energy failures, failures in goods, equipment, software or materials of third parties, failures in communication systems used and/or the unavailability of the Platform at any time, ...

Article 14. Rules of Conduct

The Customer acknowledges and accepts that by registering for the use of the Platform, Customer agrees to the Tomorrowland Academy policies, their rules of conduct and policies, as mentioned in these Terms and on the Platform. The rules of conduct include such basic values as politeness and respect for each other, speakers, content, creators, Tomorrowland as well as for the Content and materials available on the Platform. If the Customer does not abide by these basic rules, Tomorrowland reserves the right to immediately terminate the Customer’s Subscription and/or delete the Customer’s Account unilaterally, without the Customer being able to assert any right to reimbursement and/or compensation.

Article 15. Termination

Tomorrowland reserves the right to terminate the Customer’s License, the Customer’s Subscription and/or delete the Customer’s Account in the following events:
1. Non-compliance by the Customer with these Terms, including (without limitation) non-timely payment, violation of the License terms and/or intellectual property rights in relation to the Online Academy and/or Platform, unauthorized transfer of a Subscription or sharing of Accounts and violation of the rules of conduct of the Online Academy;
2. Customer’s engagement in illegal activities in relation to Tomorrowland, its affiliated companies, the Online Academy, Platform, Services and/or Content (such – without limitation – hacking, distributing malware or violating copyright laws);
3. Violation by the Customer of Tomorrowland’s privacy policies in relation to the Online Academy and/or Platform;
4. Failure to comply with updates and/or upgrades, if such updates and/or updates are required for the proper functioning and/or security of the Online Academy, Platform, Services and/or Content;
5. In case of an event of force majeure which continues to render performance of either party’s obligations under the agreement impossible for a period of four (4) months or longer (and this, without prejudice to Tomorrowland’s termination rights in relation to non-(timely) payment)
6. Suspension of payments and/or bankruptcy of the Customer;
7. An order is made or a resolution is passed for the winding up of the Customer or if an order is made for the appointment of an administrator to manage the affairs, business and property of the Customer or if a receiver is appointed of any of the Customer’s assets or undertakings or if circumstances arise which entitle the court or a creditor to appoint a receiver or manager or which entitle the court to make a winding-up order or if the Customer takes or suffers any similar or analogous action in consequence of debt.

Article 16. Privacy and GDPR

Tomorrowland processes Customer's personal data in accordance with applicable privacy and data protection regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). More information on how Tomorrowland processes personal data in relation to the Online Academy and Platform can be found by clicking on this hyperlink: www.tomorrowland.com/privacy.

Article 17. Applicable law and competent court

These Terms, the Online Academy, the use of the Platform (including, without limitation, with regard to User Generated Content) as well as any disputes relating thereto shall be governed exclusively by Belgian law.
In the event of any dispute between the Customer and Tomorrowland relating to the Online Academy, these Terms and/or the Platform (including, without limitation, with regard to User Generated Content), the courts of the judicial district of Antwerp, Antwerp division, shall have exclusive jurisdiction.

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