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LoginTerms of Use
1. INTRODUCTION
2. PRIVACY POLICY
3. USE OF SERVICE
4. PLATFORM ACCESS AND ACCOUNT REGISTRATION
5. SUBSCRIPTION PLANS AND PAYMENT
6. TERMINATION; CANCELLATION POLICY
7. PROPRIETARY MATERIALS
8. CONFIDENTIALITY
9. REPRESENTATION, WARRANTIES, AND COVENANTS
10. NO WARRANTY; LIMITATIONS ON LIABILITY
11. CHANGES TO TERMS OR THE PLATFORM
12. GENERAL
1. INTRODUCTION
These Terms of Use (“Terms of Use”) including those additional terms outlined in Section 15 below as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, the “Terms”)
are entered into by and between you and houdini-course.com, LLC, a Nevada limited liability company (“houdini-course.com”, “we”, “our” or “us”). For purposes of these Terms, “you” includes, individually and collectively, any individual
you (the user or the user’s entity or organization) permit to visit, view, use, or access the Platform under your Plan. To the extent that you have entered into another written agreement with houdini-course.com that contains terms that
directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.
You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Platform, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms,
that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform.
If you do not agree to these terms, then you may not access or use the
Houdini-course.com’s allowance of your use and access to the platform is expressly conditioned upon your assent to all of the terms and conditions of these terms.
2. PRIVACY POLICY
Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the Platform is subject to our privacy policy found at
www.houdini-course.com.com/privacy (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly
from you or that we obtain by nature of your use of the Platform in accordance with our Privacy Policy solely in furtherance of providing services to you and improving the Platform.
3. USE OF SERVICE
You agree not to engage in any of the following prohibited activities:
II. sharing your account login to third parties;
III. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser with the exception that grants the operators of public search engines revocable permission to use spiders to copy materials from Houdini-course.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
V. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
VI. taking any action that imposes, or may impose at the sole discretion of the provider an unreasonable or disproportionately large load on its infrastructure;
VII. uploading invalid data, viruses, worms, or other software agents through the Service;
VIII. collecting or harvesting any personally identifiable information, including account names, from the Service;
IX. using the Service for any commercial solicitation purposes;
X. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
XI. interfering with the proper working of the Service;
XII. accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
XIII. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. the provider may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in the providers's sole determination you violate any provision of this Agreement, or for no reason. All aspects of the Service are subject to change or elimination at the providers's sole discretion. Houdini-course.com reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that the provider will not be liable to you for any interruption of the Service, delay or failure to perform.
4. PLATFORM ACCESS AND ACCOUNT REGISTRATION
To access the Platform, you may be asked to provide certain information to help create and maintain an account for you. As such, it is a condition of your use of the Platform that all information you provide is correct, current, and complete.
You agree that all information you provide is governed by the Privacy Policy and you consent to all actions the provider takes with respect to your information consistent with the Privacy Policy.
Except as expressly provided herein, you may not transfer your account to any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan,
or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for:
(ii) controlling the person’s access to and use of the Platform, and
(iii) the consequences of any use or misuse by such person(s).
5. SUBSCRIPTION PLANS AND PAYMENT
(a) Subscription Plan and Subscription Management
II. Transfer of Access Not Permitted. You acknowledge and agree that the user access is specific to the individuals you designate. Except as set forth in your Sales Order, access granted under these Terms are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your users from granting access to the Platform to any other individuals, both in and outside of your organization.
III. Automatic Renewal. Unless you terminate your Plan in accordance with 11(b) below, or are purchasing through a reseller, or as otherwise set forth in your Sales Order, YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE TERM WE WILL AUTOMATICALLY RENEW YOUR PLAN (INCLUDING ALL FEATURES ON YOUR PLAN AT THAT TIME) FOR A PERIOD OF TWELVE (12) MONTHS AND PROCESS YOUR PAYMENT METHOD OR INVOICE FOR PAYMENT FOR THE RENEWAL TERM UP TO THIRTY DAYS PRIOR TO YOUR RENEWAL DATE AT THE THEN-APPLICABLE PRICE FOR YOUR PLAN.
(b) Payment. Access to the content of the Platform is expressly conditioned on timely payment of the then-applicable fee(s) in advance for your Plan in the amount set forth during online checkout or in a Sales Order, unless you are accessing the Platform via a free pilot or other no-fee arrangement. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your Plan or service until the end of your current Term.
(2) Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other houdini-course.com-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment.
(v) Suspension Because of Nonpayment. If payment is not received within the required time period, or if we are unable to renew your Plan based on inaccurate or outdated payment information, we may suspend your access to the Platform until payment is received. In the event we suspend your Plan because of nonpayment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term.
(vi) Chargebacks. If you file a chargeback disputing charges made to Payment Method by Houdini-course.com and the chargeback is granted, your account will be deactivated.
(vii) Excess Use. If you use the Platform or services in violation of the scope granted hereunder, including but not limited to unauthorized rotation of user subscriptions within your Plan, or adding active users in excess of those outlined in your Sales Order (“Excess Use”), houdini-course.com may, in its sole discretion, invoice you for the Excess Use, at the rates set forth in the applicable Sales Order or, in the absence thereof, our current list price for the features included in your Plan for such Excess Use.
(viii) Taxes. Payment is exclusive of taxes. When processing your Payment Method or invoicing, we may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on houdini-course.com’s income, imposed by any federal, state, or local governmental entity on any amounts payable by you under these Terms of Use or any Sales Order. We will remit taxes collected, if any, to the appropriate taxing authority.
6. TERMINATION; CANCELLATION POLICY
(a) houdini-course.com’s Rights of Termination. You agree that we may suspend or deactivate your account or terminate your Plan if we believe that you have
I. breached these Terms;
II. infringed the intellectual property rights of a third party;
III. posted, uploaded or transmitted unauthorized User Content; or
IV. violated or acted inconsistently with these Terms, our Privacy Policy, or any other applicable policies. You agree that any such suspension,
deactivation or termination for the foregoing reasons may be effected without prior notice to you and that houdini-course.com will not be liable
to you or any third party for any deactivation of your account or termination of your Plan.
(b) Customer’s Rights of Termination.
I. For Cause. Either the business that purchased the Plan or houdini-course.com may terminate the Plan or any Sales Order prior to its expiration if the other party breaches these Terms and fails to cure said breach within thirty (30) days after receipt of written notice thereof. Except for instances arising from houdini-course.com’s uncured breach, all fees or charges related to your Plan are non-refundable and all unpaid fees are due and payable immediately upon termination.
II.For Convenience. Unless otherwise specifically stated in terms specific to other products or Plans you purchase, a Plan may be terminated for convenience by sending written notice to houdini-course.com at least thirty (30) days prior to the expiration of the then-current Term; however, in the event of any termination for convenience all fees paid are completely non-refundable and any fees unpaid at the time of such termination for convenience shall remain due and payable. For avoidance of doubt, in the event that the Sales Order is for a multiple year Term, any termination under this section will only be permitted at the end of that Term. With respect to any Term still in effect as of the date of such termination for convenience, and upon your request, your Plan will remain active to the end of your then-current Term to the extent your fee(s) have been paid; provided that these Terms will continue in effect and govern such Term until its expiration or earlier termination for cause. All termination requests made pursuant to this Section 11(b)(ii) must be emailed to manage-subscription@houdini-course.com.com no later than thirty (30) days in advance of the expiration of the then-current Term.
III. No Refunds. Refunds will not be given if you cancel your Plan or delete your account prior to the end of your Term. However we might decide this on a case-by-case basis.
IV. You acknowledge and agree that houdini-course.com may retain and store your information on houdini-course.com’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan.
7. PROPRIETARY MATERIALS
I. Use of houdini-course.com’s Proprietary Materials. The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of houdini-course.com and licensors of
houdini-course.com (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound.
You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials.
Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download
or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided in connection with your Plan for certain training courses, including exercise
files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download,
a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below
(collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable license only, and are subject to all restrictions described
herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
II. Reservation of Rights. houdini-course.com reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under
these Terms. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing,
storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
III. houdini-course.com Copyright and Marks. The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. “houdini-course.com”, “Skill”, “Flow”,
“Skill IQ”, “Role IQ”, “Team IQ”, “houdini-course.com IQ”, “IRIS”, and other houdini-course.com marks and logos are service marks and trademarks of houdini-course.com.
IV. Third-Party Marks. Other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. houdini-course.com is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only.
V. Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by way of the procedures that we maintain at http://www.houdini-course.com.com/copyright-procedure.
8. CONFIDENTIALITY
a Confidential Information. “Confidential Information” means all information which is disclosed to or obtained by one party (whether directly or indirectly) from the other, including the Proprietary Materials,
and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients,
customers, partners or suppliers (together with copies made of any of the above) whether or not such information is marked as being confidential, but excluding information which:
I. is available to the public other than because of any breach of these Terms;
II. is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others;
III. is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or
IV. is developed independently of and without reference to any Confidential Information provided.
b Use of Confidential Information. houdini-course.com agrees to use your Confidential Information only for the purpose of performing its obligations under these Terms.
9. REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
I. You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet,
browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Authority. You and houdini-course.com each represent, warrant, and covenant that it has the full power and authority to:
I. enter into an agreement subject to these Terms;
II. perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement;
III. and that by so doing, it does not violate any applicable laws or any contractual relationship.
(c) houdini-course.com Intellectual Property. We represent, warrant, and covenant that:
I. we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection
with our performance under these Terms to grant you rights granted hereunder; and
II. neither the Platform (including the Proprietary Materials), nor the provision or utilization thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene
or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
(d) Reliance and Functionality. houdini-course.com does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free.
The content and materials presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users,
or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other users,
bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content,
other than the content provided by houdini-course.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion
of houdini-course.com. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties
is subject to their policies and at your own risk.
(e) Availability of Platform. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays
that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading,
modification, or standard maintenance of the Platform, or any other delays outside of our control.
(f) Non-houdini-course.com Products. If you install or enable Non-houdini-course.com Products for use with Platform, you acknowledge that providers of those Non-houdini-course.com Products may have access to User Content in connection with the interoperation of the Platform. houdini-course.com will not be responsible for any use, disclosure, modification, or deletion of User Content while accessed or transmitted through such Non-houdini-course.com Products.
10. NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No warranty. Except for those warranties outlined herein, the platform is provided on an “as is” and “as available” basis, without warranty of any kind, whether expressed or implied. neither houdini-course.com nor any person or entity
associated with houdini-course.com makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the platform. without limiting the foregoing, neither
houdini-course.com nor any person or entity associated with houdini-course.com promises, represents or warrants that the platform or content obtained through the platform or any portion thereof will be accurate, reliable,
error-free or uninterrupted, that defects will be corrected, that the platform or the server that makes them available are free of viruses or other harmful components, or that the site or its content or materials will otherwise
meet your needs or expectations. houdini-course.com hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non- infringement,
and fitness for a particular purpose.
(b) Limitation on Liability. in no event will houdini-course.com, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable to you, any of your users, or any third party with respect to the platform or the subject matter of these terms under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for: (i) any amount in the aggregate in excess of the greater of the amount you have paid to houdini-course.com for the platform in the three (3) months immediately prior to liability arising; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill; (iii) user content or data loss or cost of procurement of substitute goods or services; (iv) for any matter beyond our reasonable control; or (v) for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on behalf of houdini-course.com or via the platform.
the foregoing does not affect any liability which cannot be excluded or limited under applicable law.
11. CHANGES TO TERMS OR THE PLATFORM
(a) Changes to these Terms. We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. Any such change or modification
will be effective immediately upon posting to the Platform; however, any changes to Section 16(c) (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or prior to
the date the change is posted on the Platform. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Platform periodically to be aware of any changes or modifications.
Notwithstanding anything to the contrary, your continued use of the Platform and any other houdini-course.com-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
(b) Changes to the Platform. houdini-course.com may at any time, without notice or liability, change or eliminate any content or feature of the Platform or any portion thereof, or restrict the use of any portion of the Platform.
Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at
any time or for any reason.
12. GENERAL
(a) Non-Waiver. Failure by houdini-course.com to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
(b)) Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any
remaining provisions of these Terms.
(c) Governing Law and Jurisdiction. These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, or the negotiation, execution,
or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree
to these Terms), are governed by and will be construed and enforced in accordance with the laws of the State of Utah, including its statute of limitations, without reference to (i) any conflicts of law principles that
would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws.
Any action or other judicial proceeding for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of the State of Utah.
(d) Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
(e) Compliance with Applicable Laws. houdini-course.com agrees to comply with all applicable laws and regulations, including the General Data Protection Regulation 2016/679 and the California Consumer Privacy Act, with respect to the use and disclosure of your personal information.
(f) Your Marks. You agree that we may identify you as a customer of houdini-course.com on houdini-course.com’s websites and in other marketing materials. houdini-course.com may display your trademarks, service marks, and/or logos in houdini-course.com marketing materials or on our Platform in order to identify you as a customer. The foregoing shall be deemed a worldwide, non-exclusive, and irrevocable license to use your name, trademarks, service marks, and logos for this purpose during the Term. You also agree to be referenced in press releases and case studies prepared by houdini-course.com. Such license and consent will terminate at the end of your Term.
(g) Dispute Resolution. Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms..
(h) Notice. Any notice which may be required to be given under these Terms, will be given: (i) by houdini-course.com to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Platform; (ii) by you to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
Christian Bohm
Borstellstr. 64
12167 Berlin
Germany
Email: support@houdini-course.com.com
[END OF TERMS OF USE]