DPhi Terms of Service

 

Please note that your use of and access to our services are subject to the below terms. Please read them carefully. If you do not agree to all of the following, you may not use or access the services in any manner.
 

Throughout the site, the terms “we”, “us”, “our” and “DPhi” refer to DPhi Tech BV. DPhi together with its affiliates offers an online community for Data Scientists and a platform that will help individuals and businesses with Data Science essentials. DPhi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this page. 

 

1. General Conditions:

• Acceptance of Terms of Service: By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
• Amendments: Any new features, products or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. DPhi reserves the right to update, change or replace any part of these Terms of Service without any notice or liability. It is your responsibility to check this page periodically for changes. Although if we decide to materially change all or part of the Terms, we will send You a notification through the DPhi site or on your registered email (if you have unsubscribed to our emails, we won’t be able to notify you via emails, in such a case, it is your responsibility to visit this page for updated terms). Such modified Terms will become effective upon the earlier of (i) Your continued use of DPhi after We send a notification to You through the DPhi’s site; or (ii) thirty (30) days from publication of such modified Terms on this page. 
• Your use of DPhi is also subject to the DPhi’s Privacy Policy, which explains how we treat Your personal information, and provides information about our data protection practices.

 

2. Account Creation & Account Information:

• Account: Certain Services require the registration of an account (the Account) and to sign-in before they can be used. By using DPhi, You represent and warrant that you are at least 16 years old (or the age of majority in the jurisdiction from which you are accessing the site or service or are at least 13 years old and have your parent or legal guardian’s consent). If the Account is created for a legal entity, any subscription for the use of the Platform by any of its employees, agents or representatives, on behalf of the legal entity, is deemed as acceptance of these ToU. If you are subscribing for the use of the Platform or on behalf of a legal entity, you represent and warrant that you are duly authorized to do so.
• User(s): By registering an Account, you become a registered user to use various services of DPhi that include micro-courses, Datathons/AI Challenges, Bootcamps, Discussion forum, Notebooks/Sharing Coding, Live Sessions, additional services under the website and any future services. Each of these services may have additional guidelines and terms, which are in addition to, and shall supersede in case of conflict, these Terms of Service.
• Accuracy: You warrant that all information provided to DPhi in the registration process or otherwise is true and accurate. You shall keep such information up to date at any time.
• Confidentiality: You agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify DPhi of any unauthorized access or use of your Account or any other breach of security.
• We reserve the right to refuse registration of, or cancel, any DPhi Account or access to DPhi by anyone in Our reasonable discretion, at any time.
• You agree to promptly update your account and other information, including your email address. This will allow us to notify any important changes/updates that may be relevant to you.

 

3. Usage of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without a prior written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

4. Content 

1. DPhi provides certain features which enable Users to submit, post, share code/notebooks and share data, text, software, graphics, messages or other material (“Content”). Content that Users’ submit, post or share is subject to Terms. Content that You own and post on or through DPhi belongs to You and You may use it in any way, except as prohibited by applicable law or regulations. By using DPhi, You are granting Us permission to use the Content as described in these Terms.
2. By using DPhi You are granting Us a non­exclusive, worldwide, royalty­free, fully paid­up, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate Your Content. If You post Content on or through DPhi, You represent and warrant that You have the right to post the Content and to grant the above rights to Us. This license continues even if You terminate Your DPhi Account and/or stop using DPhi.
3. You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using DPhi, and for any consequences thereof. You further agree that under no circumstances will We be liable for the errors or omissions associated with Your Content. You represent and agree to all of the following and acknowledge We are explicitly relying on such representations and agreement with regard to Your Content and use of Content made available on DPhi:
   1. The Content represents Your own original work and/or You have all necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party and You know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms.
   2. You agree to use DPhi only for purposes that are legal, proper and in accordance with these Terms. Your disclosure of Your Content does not violate a confidential relationship with any third party or establish a confidential relationship Us.
   3. You understand that You are responsible for Your Content that You upload, post, e­mail, transmit, or otherwise make available through DPhi. Except as permitted in these Terms, You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to You, other than viewing of Content or the associated content on or through the DPhi.
4. We cannot and need not control all Content posted by Users on or through DPhi, and We do not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will We be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content. You understand that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. We do not endorse and are not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.
5. We reserve the right, in Our reasonable discretion, to refuse certain Content to be uploaded to and/or hosted by DPhi, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence. DPhi respects the intellectual property of others and asks that users of our Service do the same. In connection with the Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent: support@dphi.tech
6. You are solely responsible for Your Content and the consequences of posting or publishing it. In connection with Your Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above, do not and will not:
   1. infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right;
   2. slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
   3. violate any applicable law or regulation; or
   4. require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
7. If You provide Us with any comments, bug reports, feedback, or modifications proposed or suggested by You (“Feedback”), We shall have the right to use such Feedback at Our discretion, including, but not limited to the incorporation of such suggested changes into DPhi and/or our other products and services. You hereby grant to Us a perpetual, irrevocable, non­exclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.

 

5. Third Party Links & Ads; Other users

DPhi provides access to these Third-Party Links & Ads (“Linked sites”) only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. We do not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.

Further, each user is solely responsible for its own User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that DPhi will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

 

6. Termination

• We, in Our reasonable discretion may terminate Your DPhi Account and/or Credentials and remove and discard any Content within DPhi if We believe that You have violated or acted inconsistently with the letter and spirit of these Terms.
• You may terminate Your DPhi Account and Your right to use DPhi at any time and for any reason or no reason, by contacting Us at support@dphi.tech. However, if You have a separate agreement with Us which has conflicting terms regarding termination, those terms shall take precedence.
• After cancellation or termination of Your DPhi Account for any reason, You will no longer have access to Your DPhi Account and all information and Content in Your DPhi Account or that You have stored on DPhi may be, but is not required to be deleted by Us. We will have no liability for information or Content that is deleted due to the cancellation or termination of Your DPhi Account for any reason.

 

7. Ownership and proprietary rights

DPhi is owned and operated by DPhi Tech BV. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the DPhi service provided by DPhi (“Materials”) are protected by Belgium copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Except for any third party content or Content uploaded by you, all Materials are the copyrighted property of DPhi or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to DPhi or its affiliates and/or third party licensors. Except as expressly authorized by DPhi, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

8. Indemnification

You agree to indemnify and hold DPhi Tech BV, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third party due to or arising out of (i) Your actions in using DPhi, (ii) a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using DPhi, or (iii) the violation of these Terms by You or any third party using Your Credentials. DPhi reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. 

 

9. Disclaimers, Warranties, and limitations of liability

• You agree that your access and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided “as is” and “as available”, and that to the fullest extent permitted by applicable law, Dphi disclaims all warranties, express or implied, in connection with the Services and their access and use thereof.
• Except as may be set forth in any separate signed agreement by DPhi and you, DPhi makes no warranties or representations about and bears, no liability for (i) the accuracy or completeness of the content of the Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) any Users’ access or use of the Services; (b) any unauthorized access or use of any and all data and/or personal information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
• Except as may be set forth in any separate signed agreement by DPhi and you, to the extent permitted by applicable law, DPhi waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with the services.

 

10. Copyright Policy

DPhi respects the intellectual property of others and asks that users of our Service do the same. If You believe that any content available through DPhi infringes Your copyright, You may submit a notification by providing our Copyright Agent on the following address: support@dphi.tech.

 

11. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

12. Governing Law

Unless explicitly stated, these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium and jurisdiction of Leuven.

 

13. Miscellaneous

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

 

14. Contact Information

Questions about the Terms of Service should be sent to us at support@dphi.tech

Last updated 24th January 2021