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.