These Terms of Use set out the terms and conditions for use of this Rise Up
(“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 Riseup 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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
Miscellaneous:
14.
Contact Us: If You’ve have concerns or queries regarding this Agreement, You may write to us by email at riseup@sajeevnair.com.
15.
We will use the contact information to send you any product/event related updates from our side
16.
The event will be having photo video coverage which will be used for future marketing purposes