Welcome to Cledemy! These Terms of Service ("Terms") create a legal agreement between you and Cledemy, governing your use of our website, services, and mobile applications (collectively referred to as the "Service"). By accessing or using the Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Changes to Terms:
Cledemy may modify or update these Terms from time to time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for updates or changes.
Age Requirement:
The Service is intended for adults, parents, legal guardians, educators, or schools who may purchase the Service. If you are under the age of 13, you may only use the Service with the involvement and consent of a parent, legal guardian, or at the direction of your school. Your use of the Service signifies that you meet these age requirements.
License to Use Materials:
Cledemy grants you a limited, personal, non-exclusive, revocable, and non-transferable license to access and use the materials provided through the Service for personal, non-commercial purposes. You may not reproduce, duplicate, sell, resell, or otherwise exploit any portion of the Service without our prior written consent.
Account Suspension or Termination:
Cledemy reserves the right to suspend or terminate your account or access to the Service at any time, for any reason, without prior notice or liability. This includes, but is not limited to, instances where we believe you have violated these Terms or acted inconsistently with the spirit of the agreement.
General Use:
You agree not to use the Service for any unlawful or prohibited purpose, including but not limited to violating any applicable laws or regulations. You may not share your account credentials or access to the Service with others without our consent.
Mobile Applications:
Cledemy may offer mobile applications ("Apps") to access the Service. Your use of these Apps is subject to these Terms, as well as any additional terms and conditions provided by the respective app store from which you download the App.
Indemnification:
By using Cledemy, you promise to protect, defend, and keep Cledemy and its affiliates, officers, directors, employees, and agents safe from any trouble that might arise because of how you use the service or if you break any rules mentioned in these Terms.
Geo-location Terms:
The Service may utilize functionality and services provided by third parties, including Google, Inc. ("Google"), for maps, geocoding, places, and other content (collectively referred to as the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google's current Terms of Use for Google Maps/Google Earth, and by using these services, you agree to be bound by Google's Terms of Use.
Accounts; Password-Restricted Services, Payments, and Cancellation:
While visiting our website, registration is not required to simply view the content. However, to access certain password-restricted areas, services, and materials, you must register an account with us.
We may offer the option to register using existing account credentials from third-party sites like Google. By using such third-party accounts, you consent to our retention and use of the provided information.
You agree to provide accurate and current information when registering an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Promptly notify us of any unauthorized use or security breaches.
Accounts cannot be shared unless expressly authorized by Cledemy.
You agree to pay all applicable fees related to your use of the Services. Fees are based on services purchased and are non-refundable. Late payments or payment failures may result in suspension of access.
Subscriptions come with a thirty (30) day risk-free start period, during which you may cancel for a full refund. Subscriptions renew automatically unless canceled prior to renewal.
School accounts may have different payment options and terms. Late payments may incur additional charges.
Quotes and proposals provided by Cledemy are valid for a limited time and may contain proprietary information.
Cancellation is permitted only in certain circumstances, as outlined in these Terms. Early cancellation may result in payment obligations.
Upon subscription expiration, access to the Service may be restricted. Users are responsible for downloading any data before the account term ends.
We reserve the right to adjust pricing for the Service at any time. Changes will be communicated to users.
If you purchased your membership through a third-party store, such as Apple iTunes or Google Play, different terms may apply.
Electronic Communications:
By using our Services, you consent to receive electronic communications from us, including notices about fees, transactions, and other relevant information.
Links to Third-Party Sites:
The Service may contain links to third-party websites or resources. Cledemy is not responsible for the content or availability of such sites and resources and shall not be liable for any damage or loss arising from their use.
User Submissions:
At Cledemy, we believe in fostering a vibrant community where users can share their knowledge, insights, and creativity. We understand the importance of user-generated content and are committed to empowering our users to contribute in meaningful ways while maintaining a safe and respectful environment for all.
1. Your Responsibility
When you create, transmit, or display any content while using our Service, you are solely responsible for its accuracy, legality, and appropriateness. We encourage you to adhere to high standards of integrity and respect for others when engaging with our platform.
2. User Content
Cledemy provides a platform for users to submit, post, display, or otherwise share various forms of content, including but not limited to text, images, comments, and questions. This content, collectively referred to as "User Content," contributes to the richness and diversity of our community.
We do not claim ownership rights over User Content created by you. Your creations remain yours, and you retain all applicable rights to them.
3. License Grant
By submitting User Content to Cledemy, you grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, distribute, and create derivative works of your content. This license enables us to promote and distribute your content in connection with our Service and business operations.
Additionally, by sharing User Content on our platform, you grant other users a non-exclusive license to access and use your content through the functionality of our Service, subject to the terms of this Agreement.
4. Legal Compliance
You must ensure that you have the legal right to submit any User Content to our Service. You may not upload or post any content that infringes upon the intellectual property rights of third parties or violates their rights of privacy or publicity. Only share content for which you have proper authorization or legal permission.
5. Unauthorized Activities
We authorize your use of the Service solely for Permitted Purposes. Any use of the Service beyond Permitted Purposes is considered unauthorized and may result in disciplinary action.
Unauthorized activities include, but are not limited to:
- Modifying, publicly displaying, reproducing, or distributing any part of the Service for commercial purposes that compete with Cledemy.
- Violating any local, state, national, foreign, or international laws or regulations.
- Harassing or harming others, impersonating individuals, or disrupting the Service's functionality.
- Engaging in unauthorized access, data mining, or other forms of prohibited usage.
You are responsible for any violations of these terms, and we reserve the right to take appropriate action to enforce them.
6. Proprietary Rights
The Service and any accompanying software contain proprietary and confidential information protected by intellectual property laws. You acknowledge and agree that the information presented through our Service is subject to copyrights, trademarks, and other proprietary rights.
You may not copy, modify, distribute, or create derivative works based on our Service or Software without explicit authorization. Any unauthorized use of the Service or associated materials is strictly prohibited.
7. Schools
This section applies to Schools' use of our Service and addresses data privacy and security concerns specific to educational institutions.
- Student Data: We may collect or have access to Student Data provided by Schools or students. Student Data remains the property of the School or student, and we are committed to handling it responsibly in accordance with applicable laws and regulations.
- Compliance with Laws: We adhere to all relevant laws governing the protection of Student Data, including FERPA, COPPA, and PPRA, among others.
- Use of Student Data: We utilize Student Data solely for the purposes of providing and improving our Service, with explicit consent from the School or student.
- Data Security: We maintain strict safeguards to protect the confidentiality and integrity of Student Data, including encryption measures and breach notification procedures.
- State-Specific Terms: Depending on the location of the School, additional state-specific terms may apply to ensure compliance with local regulations, such as those outlined for Schools in Connecticut and New York.
Intellectual Property Infringement
At Cledemy, we deeply respect the intellectual property rights of others and encourage all users to do the same. To uphold this commitment, we have established strict policies regarding the infringement of intellectual property rights.
If you believe that your copyright or other intellectual property rights are being infringed upon by a user of our services, please promptly notify us by sending a written notice to our designated agent at:
ATTN: COPYRIGHT
Burban Media
To ensure swift and efficient handling of your complaint, your written notice must include:
- Your physical or electronic signature.
- Identification of the copyrighted work or other intellectual property alleged to have been infringed.
- Sufficiently precise identification of the allegedly infringing material to enable us to locate it.
- Adequate contact information, including your postal address, telephone number, and email address.
- A statement expressing your good faith belief that the use of the copyrighted material or other intellectual property is not authorized by the owner, their agent, or the law.
- A statement affirming the accuracy of the information provided in the notice.
- A statement, made under penalty of perjury, confirming that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Please note that without proper adherence to these requirements, we may be unable to address your concerns effectively if they do not pertain to copyright or intellectual property infringement.
Submitting a Digital Millennium Copyright Act (DMCA) Counter-Notification
In the event that we have removed or disabled access to material you provided due to a validly received DMCA takedown notice, you have the right to submit a written counter-notification. This counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled, along with its previous location.
- A statement, made under penalty of perjury, asserting that the material was removed or disabled due to a mistake or misidentification.
- Your name, physical address, telephone number, and a statement consenting to the jurisdiction of a court for any legal proceedings.
Termination of Repeat Infringers
Cledemy reserves the sole discretion to terminate the account or access of any user who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of Cledemy's services is at your own risk. We provide the service on an "as is" and "as available" basis, and expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty or condition that:
- The service will meet your requirements.
- The service will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the service will be accurate or reliable.
- The quality of any products, services, information, or other material obtained through the service will meet your expectations.
- Any errors in the software will be corrected.
Any material downloaded or obtained through the use of the service is done at your own discretion and risk, and you are solely responsible for any resulting damage to your computer system or loss of data.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Cledemy, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- The use or inability to use the service.
- The cost of procurement of substitute goods and services.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on the service.
- Any other matter relating to the service.
In no event shall Cledemy's total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the service exceed the amount paid by you, if any, for accessing the service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.
Indemnity
You agree to indemnify and hold Cledemy, its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- Content you submit, post, transmit, or make available through the service.
- Your use or misuse of the service.
- Your connection to the service.
- Your violation of this agreement.
- Your violation of any applicable law or the rights of another person or entity.
- Your willful misconduct.
- Any other party's access and use of the service with your unique username, password, or other security code.
Cledemy reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Local Laws; Export Control
Cledemy operates and controls its services from its headquarters in Ahmedabad. It is your responsibility to ensure that your use of our services complies with applicable local laws if you are accessing them from outside Ahmedabad. We may restrict the availability of our services, in whole or in part, to any person, geographic area, or jurisdiction, at any time.
Feedback
Any submissions you make to Cledemy, such as comments, questions, suggestions, or materials (collectively, "Feedback"), shall be treated as non-confidential and non-proprietary. By submitting Feedback, you grant Cledemy the right to use, without attribution or compensation, any ideas, concepts, techniques, or other intellectual property contained therein, for any purpose whatsoever.
Dispute Resolution and Arbitration; Class Action Waiver
In the event of a dispute between you and Cledemy, we encourage you to first contact us to attempt to resolve the matter informally. If a resolution cannot be reached, any claim, dispute, or controversy arising out of or relating to this agreement shall be resolved by binding arbitration conducted by [Insert Arbitration Provider] in accordance with their rules and procedures.
Governing Law and Venue
This agreement shall be governed by the laws of [Insert Governing Jurisdiction], without regard to its conflict of laws principles. Any legal action arising from this agreement shall be brought exclusively in the courts of [Insert Venue Jurisdiction], and you consent to the personal jurisdiction of such courts.
General
This agreement constitutes the entire agreement between you and Cledemy regarding your use of our services, superseding any prior agreements or understandings between us. Failure to enforce any provision of this agreement shall not constitute a waiver of such provision.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign or transfer your rights or obligations under this agreement without the prior written consent of Cledemy.
Contact Us
If you have any questions about these terms or need to contact us for any reason, please email us at hi@burbanmedia.com or write to us at
Address:
Burban Media,
401 Gravity retail & work spaces, MG Rd, nr. Malbar Gold, Nikol, Ahmedabad, Gujarat 382350, India
Email: hi@burbanmedia.com
Phone: +91 72728 85522