These Terms of Use set out the terms and
conditions for use of this HeyDevops (
“Website”) and any content, Public
Forums, or services offered on or through
the Website and/or through any mobile
application(s) (
“Application”)
(collectively referred to as the
“Platform”).
These Terms of Use apply to end users of
the Website (referred to as
“Learners”, “You”, “Your”). These
Terms of Use, including the
Privacy Policy
and any other terms and conditions
published on the Platform or communicated
to you from time to time (collectively
referred to as the “Agreement”), define
the relationship and responsibilities
between You and Creator (as defined
herein) in using the Platform. Your access
to the Platform is subject to Your
acceptance of this Agreement. Hence,
please take Your time to read this
Agreement.
When we speak of
“Creator”, ‘we’, ‘us’, and
‘our’, we collectively mean
HeyDevops being the creator of this
Platform and the
content/materials/services contained
therein.
By accessing this Platform, You are
agreeing to be bound by the terms of this
Agreement, all applicable laws and
regulations. From time-to-time, versions
of the above-mentioned policies and terms
are made available on the Platform for
Your reference and to understand how we
handle Your personal information. By using
or visiting the Platform and services
provided to You on, from, or through the
Platform, You are expressly agreeing to
the terms of the Agreement and any other
terms that are updated from time to time.
If You disagree with any part of this
Agreement or do not wish to be bound by
the same, then please do not use the
Platform in any manner.
-
Access and Registration: If
You’re an individual You must be at
least 18 (eighteen) years of age, or,
if You are between the ages of 13 and
18, You must have Your parent or legal
guardian's permission to use the
Platform. By using the Platform, You
are, through Your actions,
representing and warranting to us that
You have obtained the appropriate
consents/permissions to use the
Platform. If You are under the age of
13 years or 16 years (depending on
your country of reisdence), You may
neither use our Platform in any manner
nor may You register for any content
or services offered therein.
To access any Content (as defined
below) offered on the Platform, we
require You to register for the same
by providing Your name and email
address. Please read our Privacy
Policy to understand how we handle
Your information. Further, You may
also be required to make payment of a
fee to access the Content, if
applicable. For more information,
please read our ‘Payments &
Refunds’ section below. You represent
that the information indicated by You
during Your enrolment or registration
for any Content on the Platform, is
true and complete, that You meet the
eligibility requirements for use of
the Platform and the Content offered
therein, and You agree to update us
upon any changes to the information by
writing to us at the contact
information provided in the ‘Contact
Us’ section below.
For the purpose of this Agreement,
“Content” shall mean and
include any course or session (whether
pre-recorded or live) published by the
Creator on the Platform, including,
but not limited to any reference
materials and text files (if any)
offered to You as part of the Content.
When You register or enrol for any
Content on the Platform, You may also
have access to discussion forums that
enables You to exchange Your thoughts,
knowledge in relation to the Content
or its subject-matter, with us and
other registrants to the Content
(“Public Forum”). Participating
in the Public Forum is completely Your
choice and by registering or enrolling
to a Content on the Platform, You are
not obligated to participate in such
Public Forum.
We maintain and reserve the right to
refuse access to the Platform or
remove content posted by You in the
Public Forums, at any time without
notice to You, if, in our opinion, You
have violated any provision of this
Agreement.
Further, to access the Platform and/or
view the content on the Platform, You
will need to use a
“Supported/Compatible Device”
which means a personal computer,
mobile phone, portable media player,
or other electronic device that meets
the system and compatibility
requirements and on which You are
authorized to operate the Platform.
The Supported/Compatible Devices to
access the Platform may change from
time to time and, in some cases,
whether a device is (or remains) a
Supported/Compatible Device may depend
on software or systems provided or
maintained by the device manufacturer
or other third parties. Accordingly,
devices that are Supported/Compatible
Devices at one time may cease to be
Supported/Compatible Devices in the
future. Thus, kindly make sure that
the device that You use is compatible
with any of the systems/software used
on the Platform to access the
content/material offered therein.
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License to Use: You are granted
a limited, non-exclusive license to
access and view the Content on the
Platform for Your own personal,
non-commercial use only. Further, if
so allowed on the Platform, You may
temporarily download one copy of any
downloadable Content [including
Creator Content (defined below)] on
the Platform for personal and
non-commercial transitory viewing
only.
This license does not grant You the
right to assign or sublicense the
license granted under this Agreement
to anyone else. Further, You may not-
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modify, edit or copy the Content,
Creator Content or any material
made available on the Platform;
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create derivative works or exploit
any material made available on the
Platform (including the Content
and Creator Content) or any
portion thereof (including, but
not limited to any copyrighted
material, trademarks, or other
proprietary information contained
therein) in manner that is not
permitted under this license
granted to You;
-
publicly display (commercially or
non-commercially) the Content,
Creator Content or any material
made available on the Platform or
otherwise use the same for any
commercial purpose;
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attempt to decompile or reverse
engineer any software contained in
the Platform;
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remove any copyright or other
proprietary notations from the
Content, Creator Content or any
material made available on the
Platform; or
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transfer the any material made
available on the Platform to
another person or 'mirror' the
same on any other server.
For the purpose of this Agreement,
“Creator Content” shall mean
and include any audio files, video
files, audio-visual files, images,
text materials (including .doc, .docx,
and .pdfs) (other than the Content)
uploaded or otherwise published on the
Platform by the Creator to be accessed
by You, including, but not limited to
any such content/material posted by
the Creator in any Public Forum
(defined below).
This license shall automatically
terminate if You violate any of these
restrictions and may be terminated by
us at any time. Upon termination of
this license granted to You or Your
viewing of any material on the
Platform (including Content and
Creator Content), You must destroy any
downloaded materials in Your
possession (whether in electronic or
printed format).
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Communications: The Platform
includes provision and facilitation of
Public Forums designed to enable You
to communicate with us and other
registrants to the Content You have
registered for. As stated above, use
of these Public Forums are completely
your choice and by registering for a
Content, you are not obligated to
participate in the Public Forum.
However, if You choose to participate,
You agree to adhere to the terms
specified in the
‘Code of Conduct’ section
hereinbelow and such other terms as
may be published on our Platform. If
it comes to our notice that Your
conduct is in violation of the terms
of this Agreement, then we may
terminate or suspend Your access to
any Public Forums at any time, without
notice, for any reason. You represent
and warrant that You own and control
all rights in and to any content
(including without limitation chats,
postings, or materials) uploaded or
posted by You on the Public Forums or
anywhere on the Platform
(“Learner Content”), or that
You are licensed to use and reproduce
such Learner Content. We are not
responsible for the information that
You choose to share on the Public
Forums, or for the actions of other
users therein. You further understand
and agree that You, shall be solely
responsible for the Learner Content
including its legality, reliability,
accuracy, and appropriateness, and the
consequences of its publication.
Further, if you do post content or
submit any Learner Content on the
Platform, and unless otherwise
indicated by You in writing (emails
included) to us, You hereby grant us a
non-exclusive, royalty-free,
irrevocable, perpetual and fully
sublicensable rights to use,
reproduce, modify, adapt, publish,
translate, create derivative works
from, distribute, and display such
Learner Content throughout the world
in any media.
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Code of Conduct: You agree to
the following:
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Legitimate usage of the
Platform:
You agree to use the Platform only
for lawful purposes and You are
not allowed to use our Platform to
engage in any kind of activity
that violates any applicable
central, state, local, federal or
international law or regulation
(including, without limitation,
any laws regarding the export of
data or software to and from the
USA or other countries). Also, You
agree that You will not use the
Platform in any manner that would
disrupt, damage or impair the
Platform or access to it, in any
manner, including promoting or
encouraging illegal activity such
as hacking, cracking or
distribution of counterfeit
software, compromised accounts, or
cheats or hacks for the Platform
and conduct of any form of
fraudulent activity.
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No harmful or dangerous
content:
Any content which incites or
promotes violence, that may cause
physical or emotional harm or that
may endanger the safety of any
individual or is otherwise
objectionable is expressly
prohibited on the Platform. The
Platform is to be used only for
the permitted uses as detailed
under this Agreement.
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No hateful or defamatory
content:
We realise that there may be
instances when there are exchange
of ideas and opinions which is
essential in the learning process,
while we agree that individuals
have the right to voice their
opinion, we do not encourage or
tolerate any form of hate speech
or statements that are libelous,
slanderous, threatening, violent,
predatory, defamatory, or any
statement that incites hatred
against specific individuals or
groups with respect to but not
limited to race or ethnic origin,
country caste, religion,
disability, gender, age, sexual
orientation/gender identity etc.
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Violent and graphic content:
Any content, the sole objective of
which is to sensationalise, shock
or disturb individuals is not
allowed. We do not allow any
content that promotes terrorist
acts or incites violence, to be
uploaded on the Platform in any
manner.
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Harassment and bullying: We
do not tolerate any form of
harassment or bullying on the
Platform and strive to keep the
Platform a safe space to foster
learning. Harassment in this case
would include, without limitation,
to abusive videos, comments,
messages, revealing someone’s
personal information, including
sensitive personally identifiable
information of individuals,
content or comments uploaded in
order to humiliate someone, sexual
harassment or sexual bullying in
any form.
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Spam: Posting untargeted,
unwanted and repetitive content,
comments or messages with an
intention to spam a Public Forum
or otherwise the Platform and to
drive traffic from the Platform to
other third-party sites is in
direct violation of this
Agreement. Posting links to
external websites with malware and
other prohibited sites is not
allowed.
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Scams: Any content uploaded
or posted in order to trick others
for their own financial gain is
not allowed and we do not tolerate
any practices of extortion or
blackmail, either.
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Privacy violation: Kindly
refer to our Privacy Policy to
know how to protect Your privacy
and respect the privacy of other
Users.
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Impersonation:
Impersonating another person,
including but not limited to,
another learner, is not permitted
while using our Platform. In this
case impersonation would mean the
intention to cause confusion
regarding who the real person is
by pretending to be them (such as
using names, image, documents,
certificates etc. not belonging to
You or not used to identify You,
or pretending to be a company,
institute, group etc., by using
their logo, brand name or any
distinguishing mark).
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Unauthorized Access or
Disabling of Platform:
You agree not to (i) use the
Platform in any manner that could
disable, overburden, damage, or
impair the Platform or interfere
with any other user’s use of the
Platform; (ii) not to use any
manual process to monitor or copy
any of the material on the
Platform or for any unauthorized
purpose; (iii) use any device,
software, or routine that
interferes with the proper working
of the Platform; (iv) attack the
Platform via a denial-of-service
attack; (v) attempt to gain
unauthorized access to, interfere
with, or disrupt any parts of the
Platform, the server on which the
Platform is stored, or any server,
computer, or database connected to
or associated with the Platform;
and (vi) introduce any viruses,
trojan horses, worms, keystroke
loggers, malware, or other
material which is malicious or
technologically harmful to the
Platform.
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If any violation of the above
rules of conduct comes to our
notice, then, we reserve the right
to refuse Your access to the
Platform, terminate accounts or
remove such violating content at
any time without notice to You.
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Intellectual Property:
We own all information and materials,
including Content and Creator Content
(in whatever form or media) provided
or communicated to You by or on behalf
of us including but not limited to,
the Platform, trademarks, trade dress,
logos, wordmarks, illustrations,
letters, images, ideas, concepts, the
layout, design, flow, look and feel of
the Platform, logos, marks, graphics,
audio files, video files, any software
which is owned by or licensed to us,
instructions embedded in any form of
digital documents and other data,
information, or material made
available to You by us
(“Creator’s Intellectual
Property”). Creator’s Intellectual Property,
including the copyrights and
trademarks contained therein, may not
be modified by You in any way. You
acknowledge and agree that You do not
acquire any ownership rights to
Creator’s Intellectual Property by use
of the Platform or any part thereof.
You acknowledge and agree that the
Creator’s Intellectual Property is
protected by the applicable
intellectual property laws, including
international copyright, trademark,
patent, trade secret and other
intellectual property or proprietary
rights laws and any unauthorized use,
reproduction, modification,
distribution, transmission,
republication, display or performance
of the Creator’s Intellectual Property
or any component thereof is strictly
prohibited.
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Feedback: If You submit
suggestions, ideas, comments, or
questions containing product feedback
about any Content, the Platform or any
part thereof, either through the
Public Forum or otherwise
(“Feedback”), then You grants
to us a worldwide, non-exclusive,
royalty-free, perpetual, and
irrevocable right to use (and full
right to sublicense), reproduce,
modify, adapt, publish, translate,
create derivative works from,
distribute, transmit, and display such
Feedback in any form. You shall have
no intellectual property right in any
Content, Platform or any part thereof,
as a result of our incorporation of
Feedback into any Content or the
Platform.
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Payments and Refunds: To
register/enrol for any Content, You
may need to pay a fee as may be
applicable (“Content Fee”).
Please refer to our Platform to know
the pricing. Payment of such Content
Fee shall be processed through
third-party payment processors. Your
payments may be subject to applicable
taxes, so we suggest that You read
terms and policies of of such third
party payment processors to understand
the same better. Once You purchase
access to a Content on the Platform,
the same cannot be cancelled and there
shall be no refund of the Content Fee,
unless otherwise stated in our
Refund Policy.
As stated above, we use third-party
service providers to enable You to
make payment for the purchases made on
the Platform. Accordingly, it is
hereby clarified that we do not
capture and/or store any of your
sensitive personal information. While
making payments through such
third-party payment gateways/service
providers kindly ensure to read
through their terms and conditions.
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Disclaimer: THE PLATFORM IS
PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE" AND WITH ALL FAULTS AND
DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, THE CREATOR, ON ITS
OWN BEHALF AND ON BEHALF OF ITS
AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT
TO THE PLATFORM, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES THAT
MAY ARISE OUT OF COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, THE CREATOR PROVIDES NO
WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE
PLATFORM OR THE SERVICES OR PRODUCTS
OFFERED THEREIN WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED
RESULTS, BE COMPATIBLE OR WORK WITH
ANY OTHER SOFTWARE, APPLICATIONS,
SYSTEMS OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR
RELIABILITY STANDARDS OR BE ERROR FREE
OR THAT ANY ERRORS OR DEFECTS CAN OR
WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE
CREATOR MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED: (I) AS TO THE OPERATION OR
AVAILABILITY OF THE PLATFORM, OR THE
INFORMATION, CONTENT, AND MATERIALS OR
PRODUCTS INCLUDED THEREON; (II) THAT
THE PLATFORM WILL BE UNINTERRUPTED OR
ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY
INFORMATION OR CONTENT PROVIDED
THROUGH THE PLATFORM; OR (IV) THAT THE
PLATFORM, ITS SERVERS, THE CONTENT, OR
E-MAILS SENT FROM OR ON BEHALF OF THE
CREATOR ARE FREE OF VIRUSES, SCRIPTS,
TROJAN HORSES, WORMS, MALWARE,
TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN TYPES OF
WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU. BUT IN SUCH A CASE THE
EXCLUSIONS AND LIMITATIONS SET FORTH
IN THIS SECTION SHALL BE APPLIED TO
THE GREATEST EXTENT ENFORCEABLE UNDER
APPLICABLE LAW.
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Limitation of Liability: In no
event shall the Creator be liable for
any damages (including, without
limitation, damages for loss of data
or profit, or due to business
interruption) arising out of the use
or inability to use the Content or any
other materials on the Platform, even
if the Creator or any authorized
personnel of the Creator has been
notified orally or in writing of the
possibility of such damage. Some
jurisdictions do not allow limitations
on implied warranties, or limitations
of liability for consequential or
incidental damages, so, some or all of
these limitations may not apply to
You.
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Indemnity and Release: You
shall indemnify and hold harmless the
Creator and where applicable, its
officers, directors, agents and
employees, from any claim or demand,
or actions including reasonable
attorney's fees, made by any third
party or penalty imposed due to or
arising out of Your breach of this
Agreement or any document incorporated
by reference, or Your violation of any
law, rules, regulations or the rights
of a third party.
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Links to Third Party Website:
Creator has not reviewed all of the
sites linked to its Platform and is
not responsible for the contents of
any such linked site. The inclusion of
any link does not imply endorsement by
the Creator of such site. Use of any
such linked website is at the Your own
risk.
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Governing Law and Jurisdiction:
Any claim relating to the Platform
shall be governed by the laws of the
Creator’s home jurisdiction (as
provided on the Platform) without
regard to its conflict of law
provisions. You agree, as we do, to
submit to the exclusive jurisdiction
of the courts at Creator’s home
jurisdiction.
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Miscellaneous:
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Alteration of Platform or
Amendments to the Conditions:
We reserve the right to make
changes to our Platform, policies,
and this Agreement at any time. We
will post the new terms with a
revision date indicated at the top
or if deemed practicable. You
should check our Platform
frequently to see recent changes.
You will be subject to the
Agreement and the policies in
force at the time that You use the
Platform or any part thereof,
unless any change to those
policies or these conditions is
required to be made by law or
government authority (in which
case it will apply to orders
previously placed by You). If any
of these conditions is deemed
invalid, void, or for any reason
unenforceable, that condition will
be deemed severable and will not
affect the validity and
enforceability of any remaining
condition.
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Waiver: If You breach these
conditions and we take no action,
we will still be entitled to use
our rights and remedies in any
other situation where You breach
these conditions.
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Assignment: You may not
assign or transfer this Agreement,
by operation or law or otherwise.
Any attempt by You to assign or
transfer this Agreement will be
null and void.
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Severability: If any
provision of this Agreement will
be adjudged by any court of
competent jurisdiction to be
unenforceable or invalid, that
provision will be limited to the
minimum extent necessary so that
this Agreement will otherwise
remain in effect.
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Events beyond our reasonable
control:
We will not be held responsible
for any delay or failure to comply
with our obligations under these
conditions if the delay or failure
arises from any cause which is
beyond our reasonable control.
This condition does not affect
Your statutory rights.
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Contact Us: If You’ve have
concerns or queries regarding this
Agreement, You may write to us by
email at
ashvaniupadhyay22@gmaill.com.
