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.
- 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-
- modify, edit or copy the Content, Creator Content or any material made
available on the Platform;
- 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;
- attempt to decompile or reverse engineer any software contained in the
Platform;
- remove any copyright or other proprietary notations from the Content,
Creator Content or any material made available on the Platform; or
- 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).
- 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.
- Code of Conduct: You agree to the following:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Privacy violation: Kindly refer to our Privacy Policy to know how
to
protect Your privacy and respect the privacy of other Users.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Miscellaneous:
- 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.
- 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.
- 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.
- 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.
- 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.
- Contact Us: If You’ve have concerns or queries regarding this
Agreement,
You may write to us by email at heydevopsbatch5@gmail.com.
