Terms Of Use | Startup Pathway

Last Revised: may 29, 2023

DevStream Ltd. and its affiliates (collectively, “we”, “our”, “us”, or the “Company”) welcomes you (the ”User(s)”, or “you”) to our website at www.startup-pathway.com, including its sub-domains (collectively, the “Site”), which provides our “Startup Pathway” online learning tracks programs (collectively, the “Program” or “Startup Pathway”) and provides general information regarding the Program and the Company and allows Users to apply for participation in the Program.

Acceptance of the Terms
By entering, connecting to, accessing or using the Site, applying for participation in the Program and/or taking part in the Program, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: www.startup-pathway.com/privacy-policy (the “Privacy Policy” and collectively with these terms of use, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and application/participation in the Program, and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS OR USE THE SITE AND/OR APPLY AND/OR PARTICIPATE IN THE PROGRAM IN ANY MANNER.

Our Site and Program are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
The Site and the Program
The Program includes certain content, including instructional videos, and is intended for educational purposes only, as further detailed on the Site. The type, nature, target audience and conditions for participation for each Program are detailed on our Site (such conditions are hereby incorporated into these terms by reference). Participation in the Program is open only to applicants who have met the conditions set by the Company from time to time and is subject to the Company’s sole discretion. The Company may change or cease to provide any Program and change or add any condition for participation in the Program (including that the Company may charge fees for participation in the Program), all and in each case at any time and at its sole discretion.

The Site provides comprehensive information regarding us, our Programs and our activities and includes, inter-alia, an overview of our services, our programs and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or Program (collectively, the “Content”).

The Site may also allow Users to apply for participation in the Program, in accordance with the terms stipulated below.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR PROGRAM ARE RESERVED TO THE COMPANY, ITS PARTNERS OR THEIR LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, THE PROGRAM AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR PARTICIPATION IN THE PROGRAM AND/OR THE CONTENT AVAILABLE THEREIN.

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN AND/OR YOUR PARTICIPATION IN THE PROGRAM IS ENTIRELY AT YOUR OWN RISK.

ANY PROGRAM AND CONTENT AND/OR INFORMATION INCLUDED THEREIN ARE OF A GENERAL AND INFORMATIONAL/EDUCATIONAL NATURE, AND THEY DO NOT CONSTITUTE COMPREHENSIVE PROFESSIONAL ADVICE OR OFFICIAL CERTIFICATION OF ANY SORT.
Terms for Participating in the Program. The Following terms and conditions shall apply to all applicants and participants in the Program:
1. Applications are open to applicants who are 18 years or older. It is the applicant’s responsibility to ensure that he/she is legally eligible to enter and take part in the Program under any laws applicable to the applicant in his/her jurisdiction of residence or otherwise. The Company’s agents, representatives, officers, directors, shareholders and employees and any individual involved in the development, production, implementation, judging or fulfillment of the Program (including, without limitation, their immediate family members and/or persons living in the same household of such individuals) are not eligible to participate in the Program.
2. We may provide different Startup Pathway programs, as advertised on the Site from time to time. Each such program may be subject to specific terms, conditions and rules relating to eligibility to participate, and such specific terms, conditions and rules shall apply in addition to those stipulated under these Terms.
3. To apply to a specific Startup Pathway program, applicants must complete the applicable application form via the Site. Applicants must only enter in their own name. The Company reserves the right to request applicants and participants (as defined below) to produce (within a nominated time period) appropriate photo identification or other documentation (to the Company’s satisfaction, at its sole discretion), including in order to confirm their identity, age, certifications and residency. If the documentation required by the Company is not received by it or the applicant has not been verified or validated to the Company’s full satisfaction within the requested time period, that applicant’s application will become invalid. We may change the application forms and require additional information to be provided in order to evaluate the application, at any time and at our sole discretion. If you provide us with any information relating to a third party (e.g., signing up a group of people to the Program), you represent and warrant that you have received all necessary consents from such third parties, to provide us with such information.
4. Some information and/or materials submitted to us as part of the application process or as part of your participation in the Program, or otherwise shared with other users or recipients as part of the application, may be disclosed by the Company to third parties, as necessary, in the Company’s discretion, to achieve the purposes of the engagement hereunder (including disclosure of such information and materials to VC funds, etc.), including that certain information and materials may become publicly available (e.g., on social media or as part of press releases). As such, you should not have any expectation of privacy or confidentiality with respect to the information and/or materials that you may disclose in connection with your engagement hereunder, and you should not disclose any information or materials to the Company, or one on the Company’s behalf, in confidentiality, unless the Company has expressly agreed, in writing, to receive such information and/or materials and the information and materials are explicitly marked “Confidential”. ANY INFORMATION AND/OR MATERIALS THAT YOU MAY SHARE WITH THE COMPANY OR ANY THIRD PARTY IS ENTIRELY AT YOUR OWN RISK.
5. You represent and warrant that you own all right, title and interest in and to such information and/or materials. By uploading or sharing any information and/or materials (as detailed above), you hereby grant and will grant the Company and its affiliates and partners, a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use such information and/or materials for any Company related purpose in any form, medium or technology now known or later developed. For the avoidance of doubt, the Company may use the information and materials provided by applicants and participants as part of their application process and their participation in the Program, to produce de-identified statistical and aggregated data, which the Company may use and disclose at its sole discretion.
6. All projects, materials and code developed or otherwise conceived during and as a result of the Program shall be owned by their respective developer and must be licensed by their copyright owner(s) under the Apache Software License, Version 2.0 (https://www.apache.org/licenses/LICENSE-2.0).
  
  By participating in the Program, you hereby agree and acknowledge that you have read and understood the terms of the Apache Software License, Version 2.0. For the avoidance of doubt, participants are not obligated to distribute the following under the Apache 2.0 License: (i) projects and code developed in hackathons or prior to participant’s acceptance to the Program or prior to the Program (including in the application phase), unless explicitly stated otherwise in their specific and separate terms; and (ii) projects developed during, but outside the scope of, the Program, provided that the participants can produce documented evidence that such project is not related to, derived from or results from the Program.
7. Participants of the Program may be required to submit certain projects and materials, as stated in the Program description or otherwise instructed by the Company. The Company may, but is not obligated to, select outstanding projects and award certain prizes (each a “Prize). The Prize is provided by a third-party partner (Celo Foundation or any other respected sponsor) and is un-exchangeable, non-transferable and non-assignable. The Prize will be provided on an "AS-IS" basis and its distribution or lack thereof or its nature or quality will not inflict any liability on the Company or the partners. The Company has no responsibility for any person’s inability to accept or utilize the Prize and is not, in any manner, liable for any warranty, representation or guarantee, express or implied, related to the Prize. For the avoidance of doubt, the Company should not be held responsible for any dispute, delay, or any issues related to the Prize. Lost or stolen Prizes will not be replaced. The inclusion of a product as a Prize does not imply any association with or endorsement of such product by the Company and/or the Company’s partners. You are solely responsible for any local, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the Prize. Notwithstanding the foregoing, to the extent required under applicable law, the Company may withhold from the Prize any taxes, levies and duties that it is required to withhold by law and you hereby release the Company from any claims relating to such withholding.
8. The Company reserves the right to verify the validity of applications and reserves the right to disqualify any applicant for tampering with the application process or for submitting an application which is not in accordance with these Terms, or if the applicant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Program.
9. The Company reserves the right, at its sole discretion, to disqualify and select a new participant to receive a Prize, in the event that: (i) the participant is unreachable; (ii) the participant fails to provide the Company with satisfactory proof of age, identity and/or eligibility; and/or (iii) if in the Company’s determination, the participant has not complied with these Terms and/or was entitled to a Prize using fraudulent means and/or by cheating, deception, other unfair practices and/or annoyance, abuse, threats or harassment. The Company’s legal and other rights to recover damages or other compensation from such an offender are reserved.
10. ANY PERSON ATTEMPTING TO DEFRAUD THE COMPANY OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM WILL BE BARRED FROM PARTICIPATING IN THE PROGRAM AND MAY BE SUBJECT TO PROSECUTION.
11. As a condition of applying to the Program, you hereby acknowledge and consent that the Company may use and reproduce your name, likeness and/or image (including photos, videos and audio) without additional compensation and in any medium (including, without limitation, in print, via television, via the internet, via email or in any other media now known or hereafter devised) for advertising and promotional purposes worldwide in perpetuity without compensation or notification to or permission from you of any kind, except as prohibited by law. The Company has and shall have the irrevocable, worldwide, perpetual and unrestricted right and permission to such materials, photos, videos and audio, in whole or in part, in single or composite form, without restriction as to changes or alterations, in conjunction with or without your name, in color or otherwise, made and distributed through any means and platform, in any and all media now or hereafter known. You hereby release, discharge, and agree to hold harmless the Company and its licensees and assigns, from any and all liability relating to the use or publication of your name, likeness and/or image (including photos, videos and audio), including but not limited to any claims for violation of any right of publicity or privacy, defamation, or copyright. Without derogating from generality above, all participants in the Program agree to participate in all reasonable promoted activities, as requested by the Company during the Program.
Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including the Company's Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without the Company’s prior written consent; (l) create a browser or border environment around the Company Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without the Company's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, 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; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
Privacy Policy
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or apply for and participate in the Program. Our policy and practices and the type of information collected via the Site are described in detail in our Privacy Policy available at www.startup-pathway.com/privacy-policy which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy. If you intend to access or use the Site and/or apply for the Program, you must first read and agree to the Privacy Policy.
Intellectual Property Rights
The Site, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company (“Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any the Company current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any the Company current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade names
The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site (“The Company's Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
Linking to the Company's Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Company and does not portray the Company in a false or otherwise offensive manner. you may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

Certain links provided herein permit our Users to leave this Site and enter non-Company sites or services (including, inter alia, LinkedIn, Twitter, and YouTube). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company, and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, the Company is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. the Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
Availability
The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Changes to The Site
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE CONTENT AND ALL MATERIALS, PRODUCTS AND SERVICES RELATED TO PROGRAM (INCLUDING WITHOUT LIMITATION ALL MENTORING, ADVICE, PRIZES, PARTNERSHIPS, HACKATHONS, EVENTS, PUBLICATIONS, MARKETING, LEAD GENERATION AND ANY OTHER INFORMATION, DATA AND MATERIALS RELATED TO THE PROGRAM) ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY AND ITS PARTNERS, INCLUDING THEIR VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "THE REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY AND THE REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR PROGRAM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE OR OTHERWISE PROVIDED TO YOU AS PART OF THE PROGRAM. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, ITS PARTNERS INCLUDING THEIR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT AND/OR THE PROGRAM, INCLUDING ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR YOUR PARTICIPATION IN THE PROGRAM, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR YOUR PARTICIPATION IN THE PROGRAM, AND/OR THE FAILURE OF THE SITE AND/OR THE PROGRAM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY, ITS PARTNERS OR THEIR REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR PARTNERS OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY'S, ITS PARTNERS’ AND THEIR REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR YOUR PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SITE AND/OR YOUR PARTICIPATION IN THE PROGRAM, OR $US 1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US, OUR PARTNERS AND FROM THEIR REPRESENTATIVES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its partners and their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content and/or your participation in the Program; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or your participation in the Program; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or your participation in the Program. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of these Terms and the Termination of the Site's operation
At any time, the Company may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.

Additionally, the Company may at any time, at its sole discretion, cease the operation of the Site and/or the Program and/or Courses, or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
General
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by the Company.
For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: info@upright.gg.

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