Terms of Service
Your Acceptance of Terms
The term “User” refers to a Visitor, Student or Attendee.
BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH UFO OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A VISITOR, BY USING THE SERVICES, IN ADDITION TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (EXCEPT FOR THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS”), YOU ARE CONSENTING TO BE BOUND BY THE TERMS SET FORTH IN THE SECTION ENTITLED “VISITOR COMMUNICATIONS.” IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “VISITOR COMMUNICATIONS,” DO NOT ACCESS OR USE THE SERVICE.
ADDITIONALLY, WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU ARE A STUDENT OR ATTENDEE, BY REGISTERING YOUR USER ACCOUNT WITH UFO, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS.” IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS,” DO NOT REGISTER YOUR USER ACCOUNT. IF YOU DO NOT REGISTER YOUR USER ACCOUNT, YOU WILL NOT BE ABLE TO ACCESS OR USE CERTAIN PARTS OF THE SERVICE THAT MAY REQUIRE A USER ACCOUNT.
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Class Sites. You consent to receive these notifications and messages. We also provide information on the Class Sites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages or other communications in response to any such contact.
Student and Attendee Communications
If you are a Student or an Attendee, 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. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your method of payment, transactional receipts, career advice, information about your progress or other services that may be necessary to provide you with Online Course or Nanodegree services.
You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
User Accounts and User Registration; Educational Partners
While any Visitor can view the Class Sites, in order to use the Class Sites and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, or a Nanodegree program, to the extent applicable.
The Class Sites are available to any User. However, access to the Online Courses is restricted to Attendees or Students that have a registered User Account. By registering, you agree that:
you are registered for the course only once and will not set up multiple User Accounts; and
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that: – you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Class Site or Online Courses for which you have enrolled; – if you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an Educational Partner, such as accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, UFO will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course; – if you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of UFO, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner; – you acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution; and you will abide by the Student Conduct Policy listed below. – Online Courses you purchase for academic credit or certification from an Educational Partner or for certification from the UFO site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.
UFO and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of UFO and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of UFO. By attending the Online Courses, Students acknowledge that UFO and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as UFO and the instructors deem appropriate.
User Conduct Policy
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any User of the Online Courses agrees that he or she:
will not harass other Students, Attendees or Visitors;
will not cheat on any homework assignment or exams for the Online Courses;
will not post online any Secured Testing Materials (as defined below);
will not share solutions to homework assignments or exams; and
and will comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Nanodegree in which such User is enrolled.
In addition, you may not post, upload, or transmit to or otherwise make available through the Class Sites or Online Courses 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 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 Class Sites (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 Class Sites; or
that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
UFO’s Intellectual Property Rights
All content or other material available on the Class Sites or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of UFO and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
UFO logos, trademarks and service marks which may appear on the Class Sites (“Marks”), are the property of UFO and are protected under United States and foreign laws. 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 Class Sites 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 UFO.
License to Use the Class Sites and Online Courses
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 Class Sites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). UFO does not claim ownership of any User Content you may submit or make available for inclusion on the Class Sites or Online Courses. Accordingly, subject to the license granted to UFO below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
Additionally, from time to time, UFO (or its third party service providers on behalf of UFO) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to UFO through a UFO website/portal or the website/portal of UFO’s service provider. In the event that UFO (or its service provider) makes such a request to you, UFO will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to UFO (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to UFO); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to UFO’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License.
Additionally, in the event that you use any tools or other services of UFO’s service provider in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such servicer provider in conjunction with such use (e.g., those terms found at http://www.universalsubtitles.org/en/terms).
With respect to any User Content you submit to UFO (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to UFO, you hereby grant UFO an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Class Sites 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 UFO above shall be exclusive. UFO 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 UFO to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and UFO, 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.
Use of Provided Communication Methods and Related Services
To purchase any services or products offered by UFO through the Class Sites, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to UFO, or its 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 UFO Class Sites as they become due, whether on a one-time or subscription basis.
Unless otherwise specified upon enrollment, for subscription products or services, your Payment Method will be authorized for up to approximately one month of service as soon as the free trial, if any, has concluded for the Online Course for which you register for a paid subscription and on a monthly basis thereafter until you cancel the subscription. For example, if you begin a paid subscription on January 1st for a 14 day free trial, you will be charged on January 15th for the first month, February 15th for the second month, and so on. Your billing data may vary slightly if your billing date does not have a corresponding date the next month (i.e. enrollment started on January 31 will be billed on February 28). Failure to pay may result in the termination of your subscription. 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, including because of exchange rates. UFO does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. Other than stated above, you hereby acknowledge and agree that UFO will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction.
In some instances, you will be permitted to pre-enroll in a course subscription before the course has begun on the Course Site. In these cases you will be billed on the day the course begins and billed monthly thereafter. You may cancel at any time by going to your account settings. If you cancel your subscription at any time before the course begins, you will not be charged.
Currently, your subscription to UFO products or services will start with a free trial. The free trial period for any of your subscriptions will last for the period of time specified during your sign-up. Free trials for any products or services may not be combined with certain other offers when specified in the offer language. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel at any time by going to your account settings. If you cancel your subscription during a free trial period, no charges will be made against your Payment Method. You may be ineligible for certain features of a product or service during your free trial period. For example, you cannot be awarded a Verified Certificate or similar certification during your free trial period because you must pay for at least one (1) month of a course subscription to be eligible for a Verified Certificate in that course, or must pay for no less than two (2) months of Online Courses, in the case of a Nanodegree.
Services Availability and Limitations
You acknowledge and agree that UFO’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that UFO, at its sole discretion, may limit, suspend, or terminate your use of all UFO-provided services related to UFO’s programs, such as access to UFO Coaches, evaluation services, or certifications. You also understand that UFO may modify or discontinue all services related to its programs at its sole discretion.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Class Sites, the Online Courses and all Content and services available on the Class Sites is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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 CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES 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 CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability
Linking to Other Sites
The Class Sites 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. UFO 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, and (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. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.
UFO 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 appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
UFO respects the rights and intellectual property of others, and we ask our users to do the same. 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 UFO’s 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.
UFO’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
23/F, Linkchart Centre, 2 Tai Yip Street Kwun Tong, Kowloon, Hong Kong. Email: [email protected]
23/F, Linkchart Centre, 2 Tai Yip Street Kwun Tong, Kowloon, Hong Kong.
Email: [email protected]
The section titles herein are displayed for convenience only and have no legal effect.