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1. Introduction
These Terms of Service (“Terms”) cover your use of and access to the
websites, desktop or mobile applications, and related services and
features (collectively, the “Services”) provided by us (Aleph
University, “we”). By using our Services, you agree to these Terms.
Please read them carefully.
2. Account
To use many of the Services, you must first register. You agree to
provide us with accurate, complete, and current information for your
Registration. We may need to use this information to contact you. The
Services are not intended for and may not be used by children under the
age of 16. By using the Services, you represent that you are at least 16
years old.
3. Your Content
Some of our Services allow you to upload, submit, store, send or receive
content, including, but not limited to, text, photos, images, audio,
video, code, and any other material. You retain ownership of any
intellectual property rights you have in that content. You represent and
warrant that you own all rights to your content or that you have (and
will continue to have) all rights and permissions to legally use, share,
display, transfer, and license your content through the Services. You
represent and warrant that the use of your content will not infringe or
violate the rights of any third party, including, without limitation,
copyrights, trademarks, privacy rights, publicity rights, contract
rights, trade secrets, or any other intellectual property or property
rights. Do not copy, upload, download, or share content unless you have
the right to do so. When you upload, submit, store, send or receive
content through our Services, you grant us a worldwide license to use,
host, store, reproduce, modify, create derivative works from,
communicate, publish, publicly perform, publicly display, and distribute
such content. The rights you grant in this license are for the limited
purpose of operating, promoting, and improving our Services, and
developing new ones. If you provide us with any suggestions, comments,
or other feedback, you acknowledge and agree that we may use it without
any restriction or obligation to you, even after your Account is
terminated.
4. Your responsibilities
You represent and warrant that your use of the Services is not contrary
to law, including, without limitation, laws regarding online conduct and
acceptable content, applicable import or export controls, regulations,
and sanctions. You represent and warrant that you will not: copy,
modify, create derivative works, adapt, reverse engineer, emulate, port
to another service, translate, compile, decompile or disassemble the
Services; resell, sublicense, lease, rent, or loan our services; upload,
post, transmit, or otherwise make available any content that is
unlawful, malicious, harmful, threatening, defamatory, abusive, obscene,
harassing, tortuous, vulgar, lewd, invasive of another’s privacy,
hateful, or racially, ethnically, or otherwise objectionable; use any
illegal action to collect login details and passwords for other
websites, third parties, software, or services; falsify, collect, or
upload credit card information or other forms of financial data used to
collect payments, unless done in accordance with any applicable law,
including PCI DSS where applicable; use any “robot,” “spider” or other
automatic device, program, script or any similar or equivalent manual
process, to access, acquire, copy or monitor the Services; act in a
manner that may be perceived as detrimental to the reputation and
goodwill of Aleph University, or that may bring Aleph University into
disrepute or harm; purchase domains and advertisements using Aleph
University and their variations and misspellings; violate or bypass any
security or authentication measures; upload to the Services any virus,
worm, Trojan horse, time bomb, web bug, spyware, malware, or any other
computer code, file or program that may or is intended to damage or
hijack the operation of any hardware, software or telecommunications
equipment, or any other actually or potentially harmful, disruptive, or
invasive code or component; take any action that imposes an unreasonable
or disproportionately large load on the Services infrastructure or
networks connected to the Services; use any of the Services in
connection with any form of spam, fraud, scam, phishing, “chain
letters,” “pyramid schemes” or similar conduct, or engage in unethical
advertising or marketing; access the Service through any means or
technology other than our publicly supported interfaces; remove or alter
any copyright notices, watermarks, restrictions, and signs indicating
proprietary rights; upload files for the sole purpose of having them
hosted by the Services and for use outside of the Services; upload,
post, or transmit any content that is adult in nature, such as any
nudity in a sexual context. You acknowledge and agree that your failure
to comply with any of the foregoing elements or any misrepresentation
made by you in this document may result in the immediate termination of
membership and the Services provided to you, with or without further
notice, and without any refund of amounts paid on account of said
Services.
5. Our rights
The Services are protected by US and foreign copyright, trademark, and
other laws. These terms do not grant you any right, title, or interest
in the Services, other users’ content, our trademarks, logos or other
brand features, intellectual property or trade secrets, or the content
of others on the Services. You agree not to change, translate, or create
derivative works of the Services or the user content of others. We
reserve the rights, which we may exercise at any time and in our sole
discretion, and without liability or notice (except where prohibited by
applicable law): (a) we may change any or all of the Services and their
functionality; (b) we may suspend or suspend parts or all of the
Services; (c) we may terminate, suspend, restrict or disable your access
to or use of parts or all of the Services; (d) we may terminate,
suspend, restrict or disable access to your Membership or parts of it,
to some or all of its sites; and (e) we may change our eligibility
criteria to use the Services (and if such changes to the eligibility
criteria are prohibited by law in your place of residence, we may revoke
your right to use the Services in that jurisdiction).
6. Privacy policy
Our Privacy Policy explains how we treat your personal data and protect
your privacy when you use our Services. By using our Services, you agree
that we may use such data in accordance with our Privacy Policy. We
respond to notifications of claimed copyright infringement if they
comply with the law. We reserve the right to remove or disable allegedly
infringing content, and to terminate Accounts of repeat infringers
without refund.
7. Services
Services will remain in effect until canceled or terminated in
accordance with the Terms. You can cancel the membership at any time. We
reserve the right to suspend or terminate your access to the Services.
All fees are exclusive of federal, provincial, state, local, or other
applicable taxes, unless explicitly stated otherwise. You are
responsible for all applicable taxes, and we will collect taxes from you
in addition to the charges for the Services when necessary. Although our
affiliation is free, it is important that the affiliate knows that they
must respect the regular channel, since all the operations must be done
through our platform. If operations are made outside the Aleph
University platform, it does not guarantee the success of the operation,
nor the respective payments of the parties.
8. Cancellation
You may stop using and cancel your Membership and Services at any time
by emailing info@alephuniversity.us. We reserve the right to change,
suspend, discontinue, cancel, restrict, or disable your use of or access
to any or all of the Services or their functionality at any time, in our
sole discretion, and without notice. For example, we may suspend or
terminate your Membership if you are in violation of these Terms.
9. Disclaimer of Warranties
We provide services on an “as is” and “as available” basis, without
warranties of any kind, including implied warranties or conditions of
merchantability, fitness for a particular purpose, professional effort,
non-infringement, or any other warranties – all to the fullest extent
permitted by law. We specifically do not represent or warrant that the
Services are complete, accurate, of any particular quality, reliable or
secure in any way, appropriate or compatible with any of your
contemplated activities, devices, operating systems, browsers, software,
or tools, or that they comply with laws applicable to you (including in
any jurisdiction in which you operate), or that they will be free of
viruses, bugs, or other harmful components or limitations of the
program. We may release products and features that we are still testing
and evaluating. Those services will be marked as beta, preview, or early
access, and may still contain software bugs, be interrupted, and not
function as expected or designated.
10. Limitation of liability
To the fullest extent permitted by law in each applicable jurisdiction,
Aleph University, its officers, directors, shareholders, employees,
affiliates, and/or agents shall not be liable to you for any direct,
indirect, incidental, special, punitive, exemplary damages or
consequent. This includes damages resulting from (1) mistakes, errors,
or inaccuracies in any content; (2) any personal injury or property
damage related to your use of the Services; (3) any unauthorized access
to or use of our servers and/or any personal data or other information
stored on them; (4) any interruption or termination of the transmission
to or from the Services; (5) the use or display of any content or user
content posted, emailed, transmitted, or made available through the
Services; and (6) events beyond our reasonable control. Nothing in these
Terms shall be construed as excluding or limiting our liability for any
liability that cannot be excluded or limited under applicable law. To
the fullest extent permitted by law, Aleph University shall not be
liable to you for any damages resulting from (1) mistakes, errors, or
inaccuracies in any content; (2) any personal injury or property damage
related to your use of the Services; (3) any unauthorized access to or
use of our servers and/or any personal data or other information stored
on them; (4) any interruption or termination of the transmission to or
from the Services; (5) the use or display of any content or user content
posted, emailed, transmitted, or made available through the Services;
and (6) events beyond our reasonable control.
11. General provisions
We may change these Terms or the specific Terms of Service to reflect
changes in the law or our Services. You should look at the Terms
regularly. If a change is material, we will provide notice before the
changes take effect by posting a notice on our website or emailing you.
By continuing to use or access the Services after the revisions become
effective, you agree to be bound by the revised Terms. If you do not
agree to the new Terms, please stop using the Services. If any part of
these Terms is found to be unenforceable, the remaining provisions will
remain in full force and effect. These Terms do not create any
third-party beneficiary rights. Any failure by Aleph University to
enforce these Terms or any provision of them does not constitute a
waiver of the right to enforce that provision in the future. Neither
party will be liable for any delay or failure in performing any
obligation under these Terms if the delay or failure is due to causes
beyond its reasonable control, including natural disasters, strikes,
lockouts, or other industrial disturbances, electrical disturbances,
utility failures, acts of terrorism, riots, war, pandemics, civil
disturbances, government actions, or actions of a third party. These
Terms and your use of the Services shall be governed by the laws of the
State of Washington, United States. All disputes arising out of or
relating to these Terms shall be exclusively heard in the state or
federal courts located in the State of Washington, United States.