These Terms of Use set out the terms and conditions for use of this Underrated Coder (
“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 Underrated Coder 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.
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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 Live Class 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;
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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 LIVE CLASS
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
support@underratedcoder.com.
