Terms of Use for Cardano Academy

Please read these terms of use (“Terms of Use” or “Terms”) carefully before using the services offered by Cardano Foundation (together with our subsidiaries and affiliates, referred to as “Foundation,” "We,", "Us" or “Our” in these Terms of Use). These Terms of Use set forth the legally binding terms and conditions for your use of the Cardano Academy learning platform (the “Platform”) and the websites https://academy.cardanofoundation.org/ and https://learn.academy.cardanofoundation.org/landing on which it is accessible (collectively, the "Cardano Academy"). By using the Cardano Academy in any manner, you agree to be bound by these Terms of Use.

  1. USE OF CARDANO ACADEMY
    1. Eligibility: You represent and warrant that you: (a) are over the age of 18 and competent to form a binding contract in your jurisdiction; (b) have not previously been suspended or removed from using the Cardano Academy; and (c) have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Cardano Academy on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
    2. Cardano Academy Changes: We reserve the right to make changes or updates to the Cardano Academy at any time without notice, for any reason at Our sole discretion. We retain the authority to modify, update, limit, or revoke your access to the Cardano Academy, including any related accounts, at any time and without prior notice, for any reason at Our sole discretion.
    3. Additional Terms: The Cardano Academy may be subject to additional terms and conditions promulgated by the Foundation from time to time; your use of the Cardano Academy is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. If there are any inconsistencies between these Terms of Use and the additional terms, the additional terms will take precedence.
    4. Privacy Policy: By using the Cardano Academy in any way, you understand and acknowledge that the terms of Our Cardano Academy Privacy Policy apply to you
    5. Feedback: We appreciate any feedback or suggestions you might have regarding Cardano Academy. You can share your feedback by contacting Us at academy.support@cardanofoundation.org. When you provide feedback in any form, you give Us permission to use, share, and build upon your input as We see fit, without owing you anything in return.
    6. If you have a dispute with the Foundation or a claim to raise in relation to Cardano Academy, you agree to contact Us through the Cardano Academy learning platform or by using the form at academy.support@cardanofoundation.org to attempt to resolve the issue informally first.
  2. USE OF CARDANO ACADEMY

    3. “Account” shall mean the username and password required for you to register for a course on the Cardano Academy.

    1. If you wish to make use of the Platform, We will require you to register an Account to enable you to access the courses and educational material thereon;
    2. You must provide accurate, correct and complete information about yourself, including your email address;
    3. When you successfully register on the the Platform you will be given a limited, revocable and non-exclusive right to use the Platform, the course, the content and the activities provided on the Platform, for your educational purpose; Any other usage is prohibited;
    4. Accounts cannot be transferred from one User to another. Your account can be used only by you;
    5. We reserve the right to discontinue the Cardano Academy at any time, at Our sole discretion with immediate effect, and to take down the service without notice. You have no entitlement or any claim whatsoever in this respect;
    6. You are responsible to notify us if someone gained unlawful access to your Account;
    7. You may not access or use the Platform, Our Intellectual Property or create an Account for unlawful purposes.
  3. YOUR CONTENT
    1. Definition of "Your Content": For the purposes of these Terms of Use, "Your Content" refers to all materials you submit or transmit to, through, or in connection with Cardano Academy, including but not limited to photographs, profile pictures, messages, comments, testimonials, and any other text, graphics, videos, or audio content.
    2. License Grant: By submitting, posting, or displaying Your Content on or through Cardano Academy, you grant Us a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, process, distribute, create derivative works of, display, and perform Your Content in connection with Cardano Academy and Our business, including for promoting and redistributing part or all of the Cardano Academy (and derivative works thereof) in any media formats and through any media channels. This license will exist for the period during which Your Content is posted on Cardano Academy or until We choose to remove it, whichever is shorter.
    3. Ownership of Your Content: You retain ownership rights in Your Content. However, by submitting Your Content to Cardano Academy, you hereby grant Us the non-exclusive rights and license as set out above. Other than the rights and license you grant in these Terms of Use, We acknowledge and agree that We obtain no right, title, or interest from you under these Terms of Use in any of Your Content.
    4. Representations and Warranties: You represent and warrant that:
      • You either own Your Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses as provided herein;
      • Your Content does not and will not infringe or violate any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms of Use or applicable law; and
      • You have obtained all required permissions from any individual whose personal data is part of Your Content, allowing Us to use and disclose the data as set out in these Terms of Use.
    5. Your Responsibility: You are solely responsible for Your Content and the consequences of posting, publishing, or sharing it. We do not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Your Content.
  4. INTELLECTUAL PROPERTY
    1. Ownership: All intellectual property related to the Cardano Academy, including but not limited to the software, source code, the trademarks "Cardano" and "ADA," the names and logos of the Cardano Academy, and all written, audio, or visual content on the Cardano Academy, either belongs to or is licensed to the Cardano Academy (“Our Intellectual Property”). All intellectual property rights vests in the Cardano Foundation or its licensors, with the exception of Your Content.
    2. Grant of Licence: We provide you a limited, revocable and non-exclusive licence to access and utilise Our Intellectual Property as part of your use of the Cardano Academy, all in accordance with these Terms of Use. We retain the right to revoke this license at any time for any reason. Outside of the permissions explicitly granted in these Terms of Use, all other rights remain with Us.
    3. Restrictions: Except as provided in these Terms of Use, you agree not to copy, rent, lease, sell or distribute, or create derivative works of Our Intellectual Property Rights. Some of Our Intellectual Property might be governed elsewhere by open-source licenses; in such instances, the terms of those specific licenses will apply. You should refer to the specific license terms governing such intellectual property or component thereof to understand your rights and obligations. Any other use of Our Intellectual Property requires Our express written permission.
    4. Trademarks: You are granted no rights or license to use Foundation trademarks unless in strict accordance with the Foundation's trademark policy.
  5. DISCLAIMERS; LIMITATION OF LIABILITY

    6. "FOUNDATION ENTITIES" REFERS TO CARDANO FOUNDATION ALONG WITH ITS SUBSIDIARIES, AFFILIATED FIRMS, ASSOCIATED COMPANIES, SUPPLIERS, LICENSORS, AND PARTNERS. THIS DEFINITION ALSO INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF THESE ENTITIES. EACH OF THE FOLLOWING PROVISIONS IS ENFORCEABLE TO THE FULLEST EXTENT ALLOWED BY THE RELEVANT LAW:

    1. Educational Only: CARDANO ACADEMY IS SPECIFICALLY AIMED AT EDUCATIONAL DEVELOPMENT. PRIOR TO TAKING ANY ACTION BASED ON, OR IN RELATION TO, INFORMATION, IDEAS AND OPINIONS EXPRESSED ON CARDANO ACADEMY YOU SHOULD CONSIDER OBTAINING PROFESSIONAL ADVICE APPROPRIATE TO YOUR PLANNED ACTION.
    2. Information and Content: WE CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS AND/OR OMISSIONS IN ANY OF THE CARDANO ACADEMY COURSE MATERIALS AND ACTIVITIES ON THE WEBSITE. THE TOPICS/CONTENT DISCUSSED IN THE COURSE/S ON CARDANO ACADEMY IS OF A NATURE THAT IS CONTINUOUSLY EVOLVING ON A DAY TO DAY BASIS. WE WILL DO OUR BEST TO ENSURE THAT CONTENT IS REGULARLY UPDATED, BUT WE WILL NOT BE HELD LIABLE FOR USERS WHO ACT ACCORDING TO OUTDATED OR INACCURATE CONTENT.
    3. Disclaimer of Warranties: YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE PROVIDING THE CARDANO ACADEMY, SERVICES, INCLUDING RELATED INFORMATION AND CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS MAY INCLUDE CARDANO ACADEMY OFFERED IN ‘BETA’ VERSIONS, INTENDED TO PROVIDE THE FOUNDATION WITH FEEDBACK ON THE QUALITY AND USABILITY OF THE CARDANO ACADEMY AND APPLICATION PROGRAMMING INTERFACES (APIs). THE FOUNDATION ENTITIES MAKE NO REPRESENTATIONS AND EXPRESSLY DISCLAIM ALL WARRANTIES ABOUT THE SUITABILITY, MERCHANTABILITY, FITNESS FOR PURPOSE, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, TITLE AND NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, OF DATA SYNCHED TO OR MADE AVAILABLE FROM THE CARDANO ACADEMY, PRODUCT CONTENT, OR ANY CONSULTING SERVICES WE PROVIDE FOR ANY ASSOCIATED PURPOSE.
    4. No Indirect Damages: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOUNDATION ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
    5. Third Party Products: THE FOUNDATION ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE CARDANO ACADEMY, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE PRODUCTS, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF ANY PRODUCT OR WEBSITE (“Third Party Products).
    6. Limitation of Liability: ANY LIABILITY OF THE FOUNDATION ENTITIES IS HEREBY LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE AGGREGATE LIABILITY OF FOUNDATION ENTITIES WILL IN ANY EVENT BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE CARDANO ACADEMY IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF NO SUCH FEES ARE PAYABLE, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF CARDANO ACADEMY, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.
    7. Agreement to Liability Limit: YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE CARDANO ACADEMY TO YOU.
  6. INDEMNIFICATION

    7. You agree to fully indemnify, defend and hold the Foundation Entities, including their directors, officers, employees, consultants, and other representatives, harmless from and against any claims, damages, losses, costs (including reasonable legal fees), and other expenses resulting directly or indirectly from: (a) any breach or noncompliance of these Terms of Use by you or your affiliates, inclusive of policies mentioned herein; (b) allegations that materials you provide or convey to Cardano Academy violate the intellectual property rights of a third party; (c) your or your affiliates' use of Third-Party Products; and/or (d) any negligent or intentional misconduct by you.

    You shall not agree to any settlement that (i) obligates Us in any manner; (ii) demands an admission from Us; or (iii) assigns liability beyond these indemnifications or restricts Us, without obtaining Our prior written approval.

  7. MISCELLANEOUS
    1. Amendment: We may modify any part or all of these Terms of Use. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email, website banner, in-product notification or publishing revised Terms of Use at this page, if applicable. YOU AGREE THAT YOUR CONTINUED USE OF CARDANO ACADEMY AFTER SUCH CHANGES BECOME EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. If you do not agree with a modification to the Terms of Use, you must notify Us in writing within thirty (30) days after We send notice of the revision. If We can no longer reasonably provide Cardano Academy to you under the terms prior to modification, then the Terms of Use and/or your access to Cardano Academy will terminate upon Our notice to you and We will promptly refund any prepaid but unused fees, if any, covering use of Cardano Academy.
    2. Application Provider Terms: These Terms of Use are between you and the Foundation only, and not with an application service or application platform provider (such as Apple, Inc., or Google Inc.), which may provide you the application subject to its own terms of use.
    3. Governing Law and Jurisdiction: These Terms of Use will be interpreted in accordance with the laws of Switzerland. You agree that any disputes arising out of or in connection with these Terms of Use, not otherwise resolved in accordance with dispute resolution provision set forth in section 1(f) shall be subject to the exclusive jurisdiction of the courts located in Zug, Switzerland.
    4. Languages: The English version of these Terms of Use is the definitive and binding version. All notices, alerts, and procedures communications concerning these Terms of Use will be executed in English, even if translations into other languages are made available. Should there be any discrepancies between the English version and other translations, the English version will take precedence, as permitted by law.
    5. Assignment: You may not assign, transfer, delegate, or sublicense any rights, obligations, or remedies under these Terms of Use without the prior written consent of the Foundation. Any such attempts without this consent will be considered void. We retain the discretion to assign, transfer, or delegate Our rights, obligations, or remedies under these Terms of Use as We see fit.
    6. Waiver: Our failure to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
    7. Entire Agreement and Severability: These Terms of Use supersede all prior terms, agreements, discussions and writings regarding Cardano Academy and constitutes the entire agreement between you and Us regarding Cardano Academy. If any part of these Terms of Use is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable 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 of Use will continue in effect.
    8. Survival: The following provisions will survive expiration or termination of these Terms of Use: Section 3 (Your Content), Section 4(a)(Ownership) and (c)(Restrictions), Section 5 (Disclaimers and Limitations of Liability), Section 6 (indemnification), Section 1(f) (Dispute Resolution) and Section 7 (Miscellaneous).
    9. Contact: Feel free to contact Us with any questions about these Terms of Use. You can also write to Us at:

      Cardano Foundation
      Dammstrasse 16
      6300 Zug
      Switzerland
      Attn: Legal
      legal@cardanofoundation.org

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