Pyjama Bosses End User Licensing Agreement
User Communications: You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe by following the instructions on any email.
However we may still send you administrative and transactional Notices, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with Online Course services.
Use of Third-Party Services: Pyjama Bosses uses Third-Party Analytics Services (“Third Party Analytics”) to help understand your usage of the services. In particular, Pyjama Bosses provides a limited amount of your information (such as your email address and sign-up date) to Third Party Analytics and utilizes Third Party Analytics to collect data for analytics purposes when you visit our website or use our product. Third Party Analytics analyzes your use of our website and/or product and tracks our relationship so that Pyjama Bosses can improve our service to you. We may also use Third Party Analytics as a medium for communications, either through email, or through messages within our product(s).
By registering, you agree that:
• you are registered for the course only once and will not share your login information with any other person regardless of affiliation
• If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund
In addition, you may not post, upload, or transmit to, or otherwise make available through the Site, any content, communications, or other information (collectively, “Unauthorized Content”):
• that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
• that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
• that interferes with a User’s business or services;
• that takes any action that may undermine online reviews or feedback;
• that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
• that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
• that violates the rights of other Users of the Site; or
• that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Pyjama Bosses.
User Content: The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Pyjama Bosses does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to Pyjama Bosses below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Pyjama Bosses, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Pyjama Bosses’ Content or Services which you may propose or make or which User and Pyjama Bosses may jointly make.
With respect to any User Content you submit to Pyjama Bosses (including for inclusion on the Site or Online Courses) or that is otherwise made available to Pyjama Bosses, you hereby grant Pyjama Bosses an irrevocable, worldwide, perpetual, royalty-free and nonexclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Pyjama Bosses above shall be exclusive. Pyjama Bosses reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pyjama Bosses to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Pyjama Bosses, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Payment Terms: To purchase any services or products offered by Pyjama Bosses through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Pyjama Bosses’ third-party payment provider storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Pyjama Bosses Site as they become due, whether on a one-time or subscription basis.
Refund policy: The membership fee is not refundable and will not be prorated. Provisions may be available, at our discretion, for membership fee refund requests that are no more than 30 days old.
THE ONLINE COURSES and PROGRAMS (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
No Class Actions: You agree that you will only be permitted to bring claims against Pyjama Bosses on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g. judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Linking to Other Sites: The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
Pyjama Bosses does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.
You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Pyjama Bosses shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Pyjama Bosses may retain and store your information on Pyjama Bosses’ systems notwithstanding any termination of your account or the Online Courses.
Dispute Procedure and Claims of Copyright Infringement:
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pyjama Bosses’ Copyright Agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
Pyjama Bosses’ Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows: [email protected]
Pyjama Bosses, PO Box 1153,
Kingscliff, NSW, 2487 Australia.
Email: [email protected]