3. GRANT OF LICENSE
4. USE OF SERVICES, YOUR RESPONSIBILITIES AND CONDUCT
5. END USERS
6. UNACADEMY OBLIGATIONS FOR CONTENT
9. PROPRIETARY RIGHTS
12. INJUNCTIVE RELIEF
13. DISCLAIMER AND INDEMNIFICATION
14. LIMITATION OF LIABILITY
15. Additional terms
Welcome to Unacademy Live Classroom. These terms of service (“Service Terms”), are between Unacademy (also referred to as “UNACADEMY,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). Your use of and access to the website and Unacademy Classroom service and associated software (collectively, the "Services") of Sorting Hat Technologies Private Limited ("Unacademy") is conditioned upon your compliance with and acceptance of these terms, which include your agreement to arbitrate claims.
System Requirements: Use of the Services requires one or more compatible devices, Internet access, and certain software. and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility and are to be procured at your own cost.
Service under these Service Terms shall include Classroom Service along with the associated features, links and software and standard updates to the Services that are made generally available by Unacademy during the term (together “Services”). Unacademy may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Unacademy may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Unacademy makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
By You: You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content through the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit; and you grant limited license to Unacademy to all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for the limited purpose of publication, display, recording and streaming of the Content through the Services for the duration the said Content is available on the Services and provide the access for such Content to the End Users to whom you provide the Classroom link or link to the classroom recordings.
You may only use the Services pursuant to the Service Terms. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with these Service Terms and any & all Unacademy policies. Unacademy assumes no responsibility or liability for violations. If You become aware of any violation of these Service Terms in connection with use of the Services by any person, please contact Unacademy at email@example.com. Unacademy may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Unacademy be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Service Terms, and to abide by and comply with these Service Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
If Unacademy becomes aware or has reason to believe that you are in violation of these Service Terms or any other Polices then Unacademy reserves the right to terminate your account with or without providing any notice or reason. If you wish to terminate your account or any recordings you can do the same by writing to us at firstname.lastname@example.org.
Unacademy retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Unacademy Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Unacademy Marks, or other proprietary information (including images, text, page layout, or form) of Unacademy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Unacademy Marks without Unacademy's express written consent.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Unacademy may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Unacademy of the same.
You will not without obtaining prior written consent of Unacademy, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Services. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to the Service or Unacademy Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times the property of Unacademy and any breach of the same shall cause irreparable damage to us.
You acknowledge that any use of the Services contrary to these Service Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Unacademy, and under such circumstances Unacademy, Unacademy will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND UNACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNACADEMY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. UNACADEMY DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. UNACADEMY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
Indemnity. You agree to indemnify, defend and hold harmless Unacademy its officers, directors, employees, consultants and agents, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, Your violation of these Service Terms or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNACADEMY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, UNACADEMY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE SERVICES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT UNACADEMY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICES ARE CONTROLLED AND OFFERED BY UNACADEMY FROM ITS FACILITIES IN INDIA. UNACADEMY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.