Terms and Conditions

Introduction Eligibility for Accounts Privacy Policy Modification of the Terms User Content License Grant, Representations and Warranties Termination of Access Proprietary Materials and Licenses Prohibited Conduct Third-Party Sites, Products and Services; Links Termination Indemnification Disclaimers; No Warranties Limitation of Liability Miscellaneous

Introduction

The use of our website is subject to the following terms and conditions:

Welcome, and thank you for your interest in Clarifyde (hereinafter referred to as "Clarifyde" or "We" or "Us"). which operates the website located at the domain https://clarifyde.in and its related sub-domains, application programming interfaces (API's), mobile applications and online services (hereinafter referred to as "Website").

The following Terms and Conditions are a legal contract between you (hereinafter referred to as "You") and Clarifyde regarding your use of the Website. Visitors and users of the Website are referred to individually as "User" and collectively as "Users".

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE CLARIFYDE PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY REFERRED TO AS THE "TERMS").

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE.

Eligibility for Accounts

THE WEBSITE IS NOT AVAILABLE TO ANY USER PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY CLARIFYDE. By clicking the "I Agree" button or by otherwise using or registering an account for the Website, You represent

  • that You have not been previously suspended or removed from the Website by Clarifyde;
  • that Your registration and your use of the Website is in compliance with any and all applicable laws and regulations.

Account: In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Clarifyde, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify Clarifyde at info@clarifyde.in. You may be liable for the losses incurred by Clarifyde or others due to any unauthorized use of your Website account.

Integrated Service: Clarifyde may permit You to register for the Website through, or otherwise associate your Clarifyde account with, certain third party social networking or integrated services, such as Facebook Connect and Google ("Integrated Service"). By registering for the Website using (or otherwise granting access to) an Integrated Service, you agree that Clarifyde may access your Integrated Service's account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Website through the Integrated Service. Clarifyde does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.

You acknowledge that Clarifyde may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Clarifyde deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Clarifyde reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity.

NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT CLARIFYDE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND CLARIFYDE IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER.

Any accounts may be terminated by Clarifyde at any time and without warning for any failure to abide by these Terms and Conditions.

Privacy Policy

Your privacy is important to Clarifyde. Please read the Clarifyde Privacy Policy, hereby incorporated into the Terms, carefully for information relating to Clarifyde’s collection, use, and disclosure of Your personal information.

When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (hereinafter referred to as the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms and Conditions.

Modification of the Terms

Clarifyde reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and and Conditions and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Clarifyde will make reasonable effort to provide notice to you of such amended Terms and Conditions, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Clarifyde makes reasonable attempt to provide you such notice. Disputes arising under these Terms and Conditions will be resolved in accordance with the version of the Terms and Conditions in place at the time the dispute arose.

User Content License Grant, Representations and Warranties

User Content: Clarifyde may permit (a) the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Postings" ) and (b) the posting, creation, or modification by You and other users of computer code (including source code and object code) ("User Code") (User Postings and User Code, collectively, "User Content"). You understand that whether or not such User Content is published, Clarifyde does not guarantee any confidentiality with respect to any submissions.

License Grant to Clarifyde: By posting, submitting or distributing User Content on or through the Website, You hereby grant to Clarifyde a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

License Grant to Users:
User Postings: By posting, submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by Clarifyde on or through the Website.
User Code: By posting, submitting or distributing User Code through the Website, You hereby grant to each User of the Website a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (currently available at http://opensource.org/licenses/mit-license.php) (the "MIT License").

User Content Representations and Warranties: You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Clarifyde and Clarifyde’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by Clarifyde and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Access to Your User Content: Clarifyde may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although Clarifyde may provide certain features intended to allow you to restrict some User Content you create from others, Clarifyde does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Clarifyde will use reasonable efforts to notify you pursuant to Section 13.i. below. CLARIFYDE HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.

User Content Disclaimer: You understand that when using the Website You will be exposed to User Content from a variety of sources, and that Clarifyde is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Clarifyde with respect thereto. Clarifyde does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Clarifyde expressly disclaims any and all liability in connection with User Content.

Termination of Access

Clarifyde will promptly terminate without notice your access to the Website if You are determined by Clarifyde to be a “repeat infringer.” A repeat infringer is a User who has been notified by Clarifyde of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.

Proprietary Materials and Licenses

Proprietary Materials: The Website is owned and operated by Clarifyde. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (hereinafter referred to as the "Website Materials") are protected by India and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. All Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to Clarifyde, and Clarifyde reserves all rights therein and thereto not expressly granted by these Terms and Conditions.

Licensed Educational Content: Clarifyde may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by Clarifyde or its third-party licensors (the "Licensed Educational Content" ). Clarifyde grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by Clarifyde solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

Crediting Clarifyde: If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: "All Clarifyde content is available for free at www.clarifyde.in".

Prohibited Conduct

YOU AGREE NOT TO

  • use the Website for any commercial use or purpose unless expressly permitted by Clarifyde in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
  • post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
  • post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
  • delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content, Licensed Educational Code, or User Content;
  • assert, or authorize, assist, or encourage any third party to assert, against Clarifyde or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Website;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
  • use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or User Content;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Clarifyde herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
  • intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Third-Party Sites, Products and Services; Links

The Website may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Clarifyde does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

Termination

Termination by Clarifyde: Clarifyde, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Clarifyde or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. Clarifyde may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Clarifyde will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Clarifyde may have at law or in equity. As discussed herein, Clarifyde does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

Termination by You: Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Clarifyde in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.

Indemnification

You agree to indemnify, defend, and hold harmless Clarifyde, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners ("Clarifyde Indemnitees") from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, by You. Clarifyde reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Clarifyde, and You agree to cooperate with Clarifyde’s defense of these claims. Clarifyde will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Disclaimers; No Warranties

No Warranties: THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLARIFYDE, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLARIFYDE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Content: CLARIFYDE, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Harm to Your Computer: YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.

Limitations by Applicable Law: SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

No Warranties: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CLARIFYDE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH CLARIFYDE, EVEN IF CLARIFYDE OR A CLARIFYDE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLARIFYDE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Damages: IN NO EVENT WILL CLARIFYDE’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT CLARIFYDE HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CLARIFYDE, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CLARIFYDE. CLARIFYDE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Miscellaneous

Notice: Clarifyde may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Clarifyde is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.

Waiver: The failure of Clarifyde to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Clarifyde.

Dispute Resolution:
Governing Law: The Terms will be governed by and construed in accordance with the laws of Delhi, without giving effect to any principles of conflicts of law.
Jurisdiction: You agree that any action at law or in equity arising out of or relating to the Terms or Clarifyde will be filed only in Delhi, and each of You and Clarifyde hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, Clarifyde shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Claims: YOU AND CLARIFYDE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability: If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment: The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Clarifyde’s prior written consent, but may be assigned by Clarifyde without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement:The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and Clarifyde relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Clarifyde as set forth above.