PythonistaCafe

Terms of Service

The following terms and conditions govern all use of the PythonistaCafe.com website and all content, services and products available at or through the website, including, but not limited to, PythonistaCafe.com Forum Software, the PythonistaCafe.com Website (taken together, the Website). The Website is owned and operated by DevCademy Media Inc. ("DevCademy Media Inc."). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PythonistaCafe.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by DevCademy Media Inc. (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DevCademy Media Inc., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your PythonistaCafe Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify DevCademy Media Inc. of any unauthorized uses of your account or any other breaches of security. DevCademy Media Inc. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DevCademy Media Inc. or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, DevCademy Media Inc. has the right (though not the obligation) to, in DevCademy Media Inc.’s sole discretion (i) refuse or remove any content that, in DevCademy Media Inc.’s reasonable opinion, violates any DevCademy Media Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DevCademy Media Inc.’s sole discretion. DevCademy Media Inc. will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay DevCademy Media Inc. the monthly, quarterly, or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly, quarterly, or annual subscription period as indicated. These fees are not refundable after the first 30 days of service.

Automatic Renewal

Unless you notify DevCademy Media Inc. before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable monthly, quarterly, or annual subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

5. Responsibility of Website Visitors

DevCademy Media Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DevCademy Media Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DevCademy Media Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PythonistaCafe.com links, and that link to PythonistaCafe.com. DevCademy Media Inc. does not have any control over those non-PythonistaCafe.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-PythonistaCafe.com website or webpage, DevCademy Media Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DevCademy Media Inc. disclaims any responsibility for any harm resulting from your use of non-PythonistaCafe.com websites and webpages.

7. Intellectual Property

This Agreement does not transfer from DevCademy Media Inc. to you any DevCademy Media Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DevCademy Media Inc.. DevCademy Media Inc., PythonistaCafe.com, the PythonistaCafe.com logo, and all other trademarks, service marks, graphics and logos used in connection with PythonistaCafe.com, or the Website are trademarks or registered trademarks of DevCademy Media Inc. or DevCademy Media Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DevCademy Media Inc. or third-party trademarks.

8. Changes

DevCademy Media Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DevCademy Media Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination

DevCademy Media Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PythonistaCafe.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties

The Website is provided "as is". DevCademy Media Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DevCademy Media Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

11. Limitation of Liability

In no event will DevCademy Media Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DevCademy Media Inc. under this agreement during the twelve (12) month period prior to the cause of action. DevCademy Media Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the DevCademy Media Inc. Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification

You agree to indemnify and hold harmless DevCademy Media Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

14. Miscellaneous

This Agreement constitutes the entire agreement between DevCademy Media Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DevCademy Media Inc., or by the posting by DevCademy Media Inc. of a revised version.

These Terms of Service, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada. All disputes arising from, connected with or relating to these Terms of Service, your use of the Website or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and DevCademy Media Inc. each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that DevCademy Media Inc. in its discretion may commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Service and protect DevCademy Media Inc.’s rights in, to and associated with the Website and its content. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DevCademy Media Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document is CC-BY-SA. It was last updated June 1, 2019.

Originally adapted from the WordPress Terms of Service.

Contact Us

If you have any questions about these Terms, please contact us:

DevCademy Media Inc.
#720-999 West Broadway
Vancouver BC V5Z 1K5
CANADA

support@pythonistacafe.com