Terms of Use
These Terms of Use were last updated on June 14, 2020.
Introduction
These Terms of Use (“Terms") apply to all your activities on the joydemy llc (“joydemy,” “we,” “us”) website and your use of its print or electronic materials in any other way (the “Services”). By using the Services, you agree to these Terms.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with us through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
Eligibility
You must be 18 years of age to create an account.
Accounts
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission.
You may not transfer your account to someone else or use someone else’s account. You may not share your account login credentials with anyone else.
You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us at support@joydemy.com.
You should follow these security practices for this and other websites you use:
- Use a unique password that is not reused on other websites.
- Protect your password and do not share it with anyone else.
- If you suspect any unauthorized access to your account, change your password and contact us at support@joydemy.com.
You may update or terminate your account by visiting your profile settings page.
We may terminate or suspend your account and/or permission to use our Services at any time, with or without notice, for any or no reason, including for any violation of these Terms if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Course enrollment
We grant you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless you are granted written permission to do so by a joydemy authorized representative.
We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.
The lifetime access is not applicable to add-on features and services associated with a course such as Q&A services in association with a course. The lifetime access is to the course content but not to the instructor.
Prices
The purchase price of a course may change over time. The price you pay will be the price at the time you complete your purchase of the course (at checkout).. The price may differ between platforms and formats. The price may differ for different types of users, such as if a user has previously purchased a course or if a user is currently signed in.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
Payments
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. joydemy works with third party payment processing partners, as described in our Privacy Policy.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
Refunds
If the course you purchased is not what you were expecting, you can request a refund within 7 days of your first access of any of the lesson web pages within that course.
If a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 7-day limit.
To request a refund, follow the instructions on the user account course list page.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund.
Gift and promotional codes may not be refunded, unless otherwise specified in the terms included with your codes or as required by applicable law.
Behavior
Your communications with instructor, other users, and joydemy, must be civil, respectful, honest, and considerate and be free from harassment and profanity. Never ask for personal information.
Do not post or upload:
- Content that is not your own. (It is allowed to upload links to content if the ownership of the content is clear at the linked location and if the content does not violate any other Terms.)
- Sexually explicit content
- Content relating to making, handling or using weapons
- Content promoting violence or bodily harm
- Hate speech or discriminatory language
- Content enabling illegal or unethical behavior
- Content that is intentionally misleading or deceptive
- Content that violates any applicable law
- Harmful or otherwise inappropriate content
- Spam or self-promotion of a commercial product or service.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local, state and national laws and regulations. You are responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.
If you feel someone is violating these terms, please either use the flag feature on posts or email us at support@joydemy.com.
If we discover that material you uploaded violates our Terms, we may delete the material.
joydemy’s rights to content you post
By posting content, you allow us to reuse and share it but you do not lose any ownership rights you may have over your content. When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize us to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Use joydemy at your own risk
The services and all included content are provided on an “as is” basis without warranty of any kinds, whether express or implied. joydemy specifically disclaim any and all warranties and conditions of fitness for a particular purpose and any warranties arising out of courses, including but not limited to courses relating to food, health and wellness. joydemy further disclaims any and all liability related to your access or use of the services of any third-party sites or related content. You acknowledge and agree that any access to our use of the services or such content is at your own risk.
You should not share your email or other personal information about you with the instructor or other students for your safety.
We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
joydemy’s rights
All rights, title, and interest in and to the Services, including our website, our existing or future applications, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by students) are and will remain the exclusive property of joydemy and its licensors. Our platforms and services are protected by copyright, trademark, and other governing laws and regulations. Nothing gives you a right to use the joydemy name or any of the joydemy trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding joydemy or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the joydemy Services:
- access, tamper with, or use non-public areas of the platform (including content storage), our computer systems, or the technical delivery systems of our service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on our platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our Services. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as joydemy); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Disclaimers
The Services may become unavailable due to:
- planned maintenance
- a technical error with the site, the internet, or the services of one or more of our providers
- a security breach
- other circumstances.
The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will joydemy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
Limitation of Liability
There are risks inherent to using our Services, for example, if you enroll in a course related to health, food, or wellness, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against us.
To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless joydemy and its officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New York, USA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section does not apply, the designated jurisdiction and venue of federal and state courts will be in Albany, New York, USA.
Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@joydemy.com).
Relationship Between You and joydemy
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity.
Dispute Resolution
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us at support@joydemy.com.
Either party can bring a claim in small claims court in (a) Albany, New York, USA, (b) the county and state where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
If we can’t resolve our dispute amicably, you and joydemy agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section, if joydemy changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing joydemy written notice of such rejection by email from the email address associated with your Account to support@joydemy.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Udemy in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and joydemy reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Legal Terms
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with joydemy. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
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.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Eligibility, Accounts, Course Enrollment, Prices, Payments, Refunds, Behavior, joydemy’s rights to content you post, No Assignment, joydemy’s rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Legal Actions and Notices, Relationship Between You and We, No Assignment, Dispute Resolution, and Updating These Terms.
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