Terms Of Use

Publication date: 30 of January 2023

These Terms of Use (the “Terms”) govern your use of the “Heroes” (Platform) and the “Product Heroes” (Programs) by Website https://heroes.camp (Website) owned or operated by PE ILIA KRASINSKII (State Register Number: 286.1225170, Tax Code 40085648, Address: 7, GRIGOR LUSAVORCHI AVENUE, YEREVAN, ARMENIA) (“Company” “we”, “us” or “our”), including the Programs by the Platform, related educational applications, interactive features, and resources offered by Company on the Website and Platform (all of which are collectively referred to as the “Company Service” or “Service”) – as well as your participation in the educational programs offered through the Service.
“Heroes” is a set of audio-visual, text, graphic materials and programs for computers, which is an interactive training platform.
The terms and conditions under which a person may participate in the Program and use the Website, the Platform and contents (hereinafter “Contents”) are set forth below. All such terms and conditions are collectively referred to as the “Terms”. By participating in the Program, or using Website or Platform, you (hereinafter “You” or the “Participant”) agree to be bound by these Terms. If You do not agree to be bound by these Terms, You must not participate in the Program or use the Website and the Platform in any way possible.
The Company reserves the right to change or modify these Terms at any time and based upon its sole discretion. If the Company makes changes to these Terms, a respective notice of such changes shall be provided, or the “Publication date” date at the top of these Terms shall be changed.

1. SERVICES AND PRINCIPLES
1.1. Services. The Company agrees to perform the following Services:

• Provide You with the access to the materials of the Programs through the Platform; and
• Provide You with the access to the Platform;
• Manage technical support for the Platform and Program.

The “Heroes” comprises advanced professional training programs offered by the Company. Upon successful completion of a Program, as determined by the Company, you will receive a certificate of completion (hereinafter the “Certificate”). If you do not successfully complete a Program, you may be entitled to receive a certificate of attendance upon the Company’s sole discretion.
1.2. You understand and acknowledge the following:

• THE PROGRAM IS NOT ACCREDITED. The Company is not an accredited institution and we do not confer formal degrees. The Certificate is not a formal degree.
• The Program is not an educational program.
• YOU WILL NOT RECEIVE ACADEMIC CREDIT FOR THE COMPLETION OF A PROGRAM. The Certificate will not entitle you to academic credit recognized by any other institution, college or university.
• COMPLETION OF THE PROGRAM IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. We do not and cannot make any representations and warranties regarding your future employment or advancement.
• YOUR WORK MUST BE YOUR OWN. The work You perform and submit (e.g., homework assignments, quizzes, exams, and any other projects will be your own work (except if You are permitted to work with others in groups).
• YOU CANNOT TAKE THE SPECIFIC PROGRAM TWICE.

1.3. Acceptance. The moment of complete and unconditional acceptance by the Participant of the Company's proposal to conclude an agreement under these Terms (acceptance of the offer) is the fact of registration on the Website or payment by the Participant for the Services.
1.4. Non-commercial use. Your participation in the Program, your use of the Platforms and Contents viewed through the Website, is solely for your personal and non-commercial use unless commercial use is explicitly granted by the Company.
1.5. Prohibition. The Company reserves the right, at its sole discretion, to decline registration of any participant for the Program and further reserves the right to prohibit any participant who breaches these Terms.

2. USAGE ORDER
2.1. Registration Using your Telegram account. You obtain access to the use of Services by self-registration using Company’s Telegram bot. When You register, the Company provides you with the unique active link via Telegram bot by which you may access the Platform, Program.
2.2. Result of registration. The result of registration is the appearance of your personal sections of the Website, which allows viewing and access to the content of the Program (hereinafter the “Personal pages”).
2.3. Tampering with or Illegal Use of Contents, Platform or Website. The Participant is not allowed to tamper with or manipulate Contents of the Program, the Platform or the Website, or otherwise damage this Website. If the Participant violates these Terms, the Company reserves the right to seek all remedies available at law and in equity, including, without limitation, suspending or blocking access to the Website and the Program. You agree not to use the Services to:

• Violate any local, national or international law or regulation;
• Transmit any material or data that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable;
• Stalk, harass, bully, or harm another individual or legal entity;
• Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Defeat or interfere with any security feature of the Services, or attempt to do so;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
• Alter or modify any content or component of the Services or the Platform other than your Participant Data (as defined below).

2.4. Age Requirement for Users. The Program, Contents and the Website are not for children under the age of majority, as defined by applicable law in the Participant’s country of residence.
2.5. Suspension. The Company may suspend Participant’s access to the Website or the Program if Participant breaches these Terms, if Participant’s actions risk harm to other participants or breaches the principles. Where practicable, the Company will use reasonable efforts to provide Participant with prior notice of the suspension.
2.6. The Company does not provide you with any equipment and does not reimburse any other costs incurred in connection with the implementation of the methods of use of the Platform or Program.

3. LIMITED LICENSE
3.1. Contents. This includes all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Program, the Platform or the Website.
3.2. Grant of License on the Content. With your Program purchase, the Company grants You a limited, non-exclusive, non-transferable license to access the Program Content. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. The Company may revoke your license at any time at its sole discretion. Upon such revocation, You must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms.
3.3. Grant of License on the Platform. With your Program purchase, the Company grants You a limited, non-exclusive, non-transferable, license to access the Platform. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. The Company may revoke your license at any time at its sole discretion. Upon such revocation, You must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms.
3.4. Restrictions. License is subject to these Terms and does not include: (a) provide access to, distribute, sell or sublicense Contents, Program or Platform to a third party, (b) use the Website on behalf of, or to provide any product or service to, third parties, (с) remove or obscure any proprietary notices in the or otherwise misrepresent the source of ownership of the Website, the Program or the Contents, (d) interfere with the Website’s operation or the Platform, circumvent its access restrictions or conduct any security or vulnerability test, (e) transmit any viruses or other harmful materials at the Website or other services through which Contents is accessed , (f) engage in any fraudulent, misleading, illegal or unethical activities related to the Website, the Program or Contents.
3.5. Copyrights and trademarks. Unless otherwise noted, all materials including without limitation: logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Services are copyrights, trademarks, service marks and/or other intellectual property whether registered or unregistered owned, controlled or licensed by the Company. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our Website, without the express written permission of the Company.
3.6. Ownership. The Company does not grant any rights or licenses unless those which are expressly set out in these Terms. Except for the use rights granted in these Terms, the Company retains all intellectual property and other rights to the Program, the Platform and the Website and related Company technology, templates, formats and dashboards, including any modifications or improvements to these items. Except as expressly provided in these Terms, the Website, the Platform and the Contents may not be copied, modified, reproduced, republished, posted, displayed, transmitted, sold, offered for sale, redistributed, or disclosed in any way without Company’s prior express written permission.

4. FEES AND PAYMENT
4.1. Payment. You will be responsible for paying then-current tuition fees for the Program.
4.2. You will pay the applicable tuition fees in advance or in part in advance using payment mechanisms we may make available. All charges and payments shall be in Armenian Drams unless otherwise agreed by the Company with foreign residents (nonresidents of the Republic of Armenia). Your financial institutions may charge a fee for converting to local currency. Payment can be made by wired bank transfer. Fees for the Service selected by You on the Website or purchased shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing the Program by the Company.
4.3. Amount. The amount of the fee is determined on the date of payment for the Program in accordance with the tariff selected from those posted on the link: https://heroes.camp. Fee is fixed in Drams of the Republic of Armenia in accordance with the laws of the Republic of Armenia.
4.4. If there are conditions on full advance payment, the Company proceeds to the execution of these Terms not earlier than the date of your obligation to pay in full.
4.5. Third-party’s fee. Any fees charged by your debit or credit card provider in connection with your purchase of the Services are at your own expense, and the Company is not responsible for them.
4.6. Installment. In the case where the Participant makes payment of the Program fee in his own name and at his own expense, the Company may provide You with the possibility of payment in installments. In case the possibility of payment by installments is provided, You are obliged to pay not less than 50% of the fee before the start of training. The remaining 50% you shall be paid within the next 28 calendar days.
4.7. Violate the payment terms. If You violate the payment terms for more than 7 calendar days, the Company has the right to cancel these Terms and block Your access to the Platform, Program and Content.
4.8. Сhange the amount. The Company has the right to change the amount and procedure of payment of the fee, rates. If the amount of the fee changes after You have made advance payment, the cost will not change and is not subject to recalculation.
4.9. Refund. The refund of the fee is possible not later than before the start of the Program.
4.10. Payment and Taxes. The Participant will be required to select a payment option and provide accurate information regarding credit card or other payment instrument. Participant agrees to pay the Company in accordance with these Terms, and Participant authorizes the Company or its third-party payment processors to bill payment instruments in advance on a periodic basis in accordance with such agreement. All amounts paid are non-refundable and we reserve the right to change our prices in the future. Participant is responsible for payment of all taxes imposed on him by governmental authorities resulting from these Terms or use of the Website or Contents.

5. PARTICIPANT DATA
5.1. Participant Data. The Platform may enable participants, among other things, to post, make comments, post messages and other content to the Service (collectively, the “Participant Data”).
5.2. Data Use. The Participant will own all Participant Data. Subject to these Terms Participant grants the Company a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Participant Data, created by or for Participant, only as reasonably necessary (a) to provide, maintain the Program; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Participant.
5.3. Warranties. You represent and warrant that: (a) you own all rights in your Participant Data or, alternatively, you have acquired all necessary permissions and rights in your Participant Data to enable you to grant to the Company the rights in your Participant described in these Terms; and (b) your Participant Data does not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
5.4. Protection. Protection of Participant Data is a top priority and administrative, physical, and technical safeguards will be maintained. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion, and disclosure of Participant Data. Before sharing Participant Data with any of our third-party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Participant Data and preventing unauthorized access.
5.5. Fee. Unless otherwise provided in any applicable terms, You acknowledge and agree that You have no expectation of compensation of any nature with respect to any Participant Data and that You shall not receive any compensation for any Participant Data.
5.6. You acknowledge and agree that You have no expectation of confidentiality of any nature with respect to any Participant Data. You should not post or share any content at the Platform that You do not want to be viewed by others.
5.7. Feedback. You agree that the Company and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively referred to as “Feedback”) that You may voice about the Service including Feedback that you send to the Company or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that the Company has no duties to you (including any duty to compensate You for your Feedback), with respect to such Feedback.

6. THIRD-PARTY CONTENT
6.1. The Company may provide You with real world projects related to the field of the Program. Such third-party companies may provide You with the materials, data, or software to facilitate Your project (hereinafter referred to as the “Third-Party Content”). Third-Party Content may include all data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages, and any other like materials, in any format, which are obtained or derived from third party company other than the Company and made available to you through, within, or in conjunction with the third-party projects.
6.2. You acknowledge and agree that the Company does not represent You or any third-party companies in relation to the Third-Party Content, and these Terms do not govern any rights, duties, or terms related to the Third-Party Content.

7. DISCLAIMER
7.1. Limited Warranty. Our Platform is operated by us on an “as is” basis, without representations or warranties of any kind. You use the Service at your sole risk. The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company and its affiliates expressly disclaim all warranties of any kind, whether expressed or implied, with respect to the Service (including, but not limited to, the implied warranties of merchantability, suiting for a particular use or purpose and non-infringement). The Platform may be temporarily unavailable due to scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Website, the Program, Contents, the Platform, the Confidential Information and all other information and materials are provided “as is” and without warranty of any kind. Furthermore, the Company does not warrant or make any representations regarding the use or the results of the use of the content or related documentation in agreement of their correctness, accuracy, reliability, or otherwise. No oral or written representations made by the Company, or an agent thereof shall create a warranty or in any way increase the scope of this warranty.
7.2. Exception. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, some or all of the above limitations may not apply to Participant. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
7.3. Disclaimer. In no event is the Company liable for any damages caused by Participant or user acts or omissions. The Company is not responsible for any Participant data distributed by Participant or through users; the Company has no liability to Participant or to any third party for any content, data or information.
7.4. The Company is not responsible for the opinions or views expressed by Participants, including opinions of other Participants in the form of Participant Data at the Platform or otherwise during the Program.
7.5. Indemnity. The Participant agrees to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, Participants’ violation of these Terms or the representations and warranties therein, or relating to or arising from use of the Website and Contents. Participant shall cooperate as fully as reasonably required in the Company’s defense of any such claim. Participant agrees to reimburse the Company for any costs or fees related to its enforcement of these Terms, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by the Company. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Participant.
7.6. Total liability. In no event shall the aggregate liability of the Company exceed the amount Participant paid. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage.

8. YOUR RESPONSIBILITY
8.1. If the Company discovers access of third parties to the Program or to the Platform as a result of Your actions or its component parts, You are obliged to pay a fine in the amount of 400,000 Armenian Drams (1000 US dollars) for each case of unauthorized access to third parties in extrajudicial procedure within 3 calendar days from the date of receipt of a written request from the Company.
8.2. If you violate provisions of these Terms regarding the intellectual property, You shall pay to the Company a fine in the amount of 400,000 Armenian Drams (1000 US dollars) for each case of violation within 3 working days from the date of receipt of the written request.

9. TERM AND TERMINATION
9.1. Term. These Terms are effective upon payment by the Participant or until otherwise terminated as set forth herein.
9.2. Termination for Cause. Either party may terminate the agreement under these Terms if the other party (a) fails to cure a material breach of these Terms (including a failure to pay fees) within 30 calendar days after notice, (b) ceases operation without a successor or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 calendar days.
9.3. Effect of Termination. Upon expiration or termination of these Terms, access to the Program and Contents will cease. At the disclosing party’s request upon expiration or termination of these Terms, the receiving party will delete all of the disclosing party’s Confidential Information (excluding Participant Data, which is addressed in Section 5). Participant Data and other Confidential Information may be retained in the party’s standard backups after deletion but will remain subject to these Terms confidentiality restrictions.
9.4. Survival. All representations, warranties, covenants, and agreements contained herein and all related rights to indemnification shall continue in full force and effect following the date hereof.

10. CONFIDENTIALITY
10.1. Obligations. Each party will (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in these Terms, and (b) only use Confidential Information to fulfill its obligations and exercise its rights in these Terms. The party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 10 and they are bound to confidentiality obligations no less protective than this Section 10.
10.2. Exclusions. These confidentiality obligations do not apply to information that the party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under these Terms, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the other party’s Confidential Information.
10.3. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 10.
10.4. The obligation of non-disclosure of confidential information is valid for 10 years.

11. CHANGE IN TERMS
Сhange in Terms. The Company reserves the right at any time to modify, amend these Terms at its sole discretion. The Company will use commercially reasonable efforts to notify Participant of any change to these Terms either by sending an email to the email address provided with registration or by a posting on the Website. These, as amended, will be effective upon acceptance of registration for new Participants and effective for all existing Participants 2 calendar days after the posting of any amended Terms on the Website. The Participant agrees to be bound by these Terms, as modified.

12. GOVERNING LAW
12.1. Governing Law, These Terms are governed by the laws of the Republic of Armenia.
12.2. Dispute settlement. If You are not happy with the Services for any reason, please contact us team@heroes.camp first so that we can try to resolve your concerns without the need of any outside help. All disputes arising from or in connection with the agreement under these Terms may be resolved by the parties by sending a written pre-trial claim, the period of response to which is 10 business days.
12.3. The jurisdiction and venue for actions related to these Terms the courts of the Republic of Armenia.

13. GENERAL
13.1. Notices. Except as set out in these Terms, any notice or consent under these Terms must be in writing and will be deemed given: (a) upon receipt if by personal delivery, (b) upon receipt if by certified or registered mail or (c) upon receipt if by e-mail. If to the Company, notice must be provided to email team@heroes.camp. If the Participant, the Company may provide notice to the address the Participant provided at registration. The parties to these Terms have agreed that all digitally signed documents and scanned copies sent by electronic mail have the same effect as handwritten documents, give rise to rights and obligations of the parties, and may be used as evidence in court. Any files attached to an electronic communication shall be an integral part of that communication.
13.2. Entire agreement. These Terms are the parties’ complete and entire agreement regarding its subject matter and supersedes any prior or conmporaneous agreements regarding its subject matter. Headings are for convenience only and “including” and similar agreement are to be construed without limitation.
13.3. Amendments. Except as otherwise provided herein, any amendments, modifications or supplements to these Terms must be in writing and signed by each party’s authorized representatives or, as appropriate, agreed through electronic means provided by the Company. Nonetheless, with notice to the Participant, the Company may modify these Terms to reflect new features or changing practices, but the modifications will not materially decrease the Company’s overall obligations.
13.4. Waivers and Severability. Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of these Terms is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary, so the rest of these Terms remain in effect.
13.5. Force Majeure. Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.
13.6. Subcontractors. The Company may use subcontractors and permit them to exercise the Company’s rights, but the Company remains responsible for their compliance with these Terms and for its overall performance under these Terms.
13.7. Language version of these Terms. Where the Company has provided with a translation of the English language version of these Terms, and/or any other documentation, the Participant agrees that the translation is provided for convenience only and that the English language versions will govern.

14. CONTACTING US
If You have any questions or concerns about the Program, the Platform, your registration, or anything else, please follow the Contact us link on the Website, or send an email to team@heroes.camp. Address: 7, GRIGOR LUSAVORCHI AVENUE, YEREVAN, ARMENIA.