1.1. WELCOME TO PIKIRAN
The Site enables users to access and/or purchase courses made available on the Site, and participate in contests and promotions (collectively, such services, including any new features and applications, and the Site, the “Services”). Services include, but are not limited to, any service and/or content PIKIRAN makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.
2. ACCESSING THE SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE SERVICES
PIKIRAN reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PIKIRAN will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. PIKIRAN may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.
Services are available only to users above 16 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
2.3. ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. PIKIRAN will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. USER CONDUCT
3.1. USE OF THE SERVICE
The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by PIKIRAN, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
3.2. PROHIBITED USES
Additionally, you agree not to:
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and PIKIRAN will have no liability or responsibility with respect thereto. PIKIRAN reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. PIKIRAN’S INTELLECTUAL PROPERTY RIGHTS
The Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PIKIRAN, its licensors or other providers of such material and are protected international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
PIKIRAN’s name, PIKIRAN’s logo and all related names, logos, product and service names, designs and slogans are trademarks of PIKIRAN or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You must not delete or alter any copyright, trademark or other proprietary rights notices from any materials on the Site.
5.2. COPYRIGHT COMPLAINTS AND COUNTER-NOTICES
PIKIRAN respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy toward copyright infringement related to the Services in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe in good faith the Site is hosting content that infringes your copyright, please let us know by submitting a notice to via email at email@example.com Your notice must contain ALL of the following:
Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
PIKIRAN will respond to valid DMCA requests in an expeditious manner.
6. MONITORING AND ENFORCEMENT; TERMINATION
PIKIRAN has the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. PIKIRAN has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PIKIRAN, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PIKIRAN. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and PIKIRAN shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, PIKIRAN is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, PIKIRAN is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. PIKIRAN enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
9. LINKS FROM THE SERVICES
If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. PIKIRAN reserves the right to remove any link made available by third parties in the Services.
10. GEOGRAPHIC RESTRICTIONS
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you are not a person or entity who is named on any U.S. government specially designated national or denied-party list. If you become subject to such a restriction, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no liability to you.
PIKIRAN offers online courses and other Services (such as subscriptions plans) for a fee. You agree to pay the fees for content that you purchase, and you authorize PIKIRAN to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by PIKIRAN and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.
Fees may vary based on your location and other factors. If you are logged into your account, the currency you will see is based on your location when you created your account. However, the final fees charged to you will always be calculated in US dollars; therefore the final fees charged to you may vary depending on prevailing currency exchange rates offered by our payment providers.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.
You shall provide PIKIRAN information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that PIKIRAN may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.
PIKIRAN reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).
If within the first 14 days after you purchased a course you become dissatisfied with that course, PIKIRAN will refund the full amount of your purchase and subsequently terminate your access to that course. Refunds will not be available if requested after this 14-day period. Due to possible currency exchange rate fluctuations with your local currency and the US dollar, the refunded amount may be slightly higher or lower than your original paid amount.
In addition to the above, if you purchase a course or purchase any other paid service through a mobile or third party marketplace (e.g., purchases through the Apple or Google Play App Store), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by PIKIRAN. Except as otherwise explicitly stated by PIKIRAN, the third party marketplace will be solely responsible for making refunds under its refund policy and PIKIRAN will have no refund obligations. PIKIRAN disclaims any responsibility or liability related to any third party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
13. SUBSCRIPTION TERMS
This section covers additional terms that apply to your use of any subscription plan that PIKIRAN may offer with respect to our Services (including PIKIRAN PLUS). By using a subscription plan, you agree to the additional terms in this section.
14. MENTORED COURSES
Select courses available on the Site will be available for purchase as Mentored Courses. You will have the option at course checkout to purchase either a Mentored Course or our traditional course offering. The purpose of the Mentored Course is to facilitate direct communication and personalized feedback between you and the teacher.
As part of a Mentored Course purchase, you will additionally receive the following: (a) guided learning (as explained below) with guaranteed teacher feedback for the length of the Mentored Course, (b) feedback on your final project submission, and (c) continued access to the course materials, including videos and associated materials and resources after the conclusion of the Mentored Course.
Upon starting a Mentored Course, you will be provided with a suggested weekly schedule to watch the lessons and complete the tasks and projects. While you may work at your own pace, please be aware you are only guaranteed to receive feedback from the teacher and virtual classroom interaction with fellow students for the length of your Mentored Course period.
15. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PIKIRAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL PIKIRAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PIKIRAN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
18. GOVERNING LAW AND JURISDICTION
19. DISPUTE RESOLUTION
YOU AND PIKIRAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PIKIRAN agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If PIKIRAN makes any future change to this arbitration provision, other than a change to PIKIRAN’s address for notice, you may reject the change by sending us written notice within 30 days of the change to PIKIRAN’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and PIKIRAN.
20. LIMITATION ON TIME TO FILE CLAIMS
21. WAIVER AND SEVERABILITY
22. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
23. ENTIRE AGREEMENT
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
25. YOUR COMMENTS AND CONCERNS
Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to us through our firstname.lastname@example.org