These Terms and Conditions (these “Terms”) apply to your participation as an Udacity student (“Student”) in a program (“Seeds Program”), with the mission of connecting the project sponsors and Students, to give Udacity Students the opportunity to gain industry experience in their desired field, solidify new skill sets they have been learning, build their resumes, and be considered for potential employment opportunities, offered by Udacity Network (Beijing) Co., Ltd. (勇大网络（北京）有限公司) (collectively, “we,” “us” or “Udacity”), a limited liability company incorporated under the laws of the People’s Republic of China (“PRC” or “China”) with its registered address at No. 01, 23/F, Tengda Plaza, 168 Xizhimenwai Avenue.
Your participation as a Student in the Seeds Program is also governed by the terms of service (“Terms of Service”) posted at https://cn.udacity.com/legal/terms-of-service applicable to the use of Udacity services offered through Udacity’s “Websites” (as defined in the Terms of Service). If there are any direct conflicts between the Terms of Service and these Terms, the provisions of these Terms shall prevail.
By clicking “I AGREE,” during your purchase of the Seeds Program, you agree that you have read, understood, accepted and agree to be bound by these Terms. You are authorized to participate in the Seeds Program and receive services from Udacity in connection therewith only if you agree to these Terms and agree to abide by all applicable laws, rules and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE ACCESS TO, OR PARTICIPATE IN, THE SEEDS PROGRAM. UDACITY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
Udacity will provide the services as described in the https://cn.udacity.com/seeds-program published on Udacity’s website, as amended from time to time.
Student is solely responsible for determining whether he/she has sufficient time and ability to participate in the Projects offered in the Seeds Program and whether the Seeds Program itself, the services provided by Udacity thereunder and the specific Project thereof are suitable for his or her needs.
Student accepts and agrees that he/she will provide Udacity with a complete, accurate and true copy of the application materials (“Application Materials”) specified by Udacity in respect of participation in the Seeds Program.
Student is responsible for following the progress and completing the work for the Project to which she/he is matched, engaging in such work with focus and sincerity, and achieving a high quality result.
Student understands that he or she may be offered an opportunity to interview with and to further participate in one of the Projects (“Project”) under the Seeds Program, offered by one of the enterprises (each, a “Project Sponsor”) that participates in the Seeds Program.
Udacity does not guarantee that each Student will have the opportunity to either receive an opportunity to interview or participation in any of the Project. Project Sponsors will have the sole discretion to determine whether to offer such opportunity to any Student.
Student further understands and agrees that a Project Sponsor may condition Student’s participation in a given Project on Student’s entering into applicable contracts with the Project Sponsor (“Project Sponsor Contracts”) setting forth binding commitments that will govern the relationship between the Student and the Project Sponsor in relation to the participation of the Project, including but not limited to confidentiality obligations and the ownership or assignment of the Student’s work product and any related intellectual property rights.
Udacity exercises no control over the terms of Project Sponsor Contracts and has no opinion as to the advisability of agreeing to those terms. Student is advised to seek his or her own independent legal counsel and advice before entering into any such Project Sponsor Contracts.
Student agrees that he or she will not pursue or accept placement in any Project which would conflict with any of his or her other commitments, including, without limitation, any terms of employment he or she may have with his or her employers and any terms of confidentiality and non-competition to which he or she may be bound.
Subject to the Terms of Service, Student shall keep all information provided by Udacity and Project Sponsors strictly confidential, except to the extent Student has the written permission of a Project Sponsor to disclose any of its information.
If you purchase a VIP Course and receive the Seeds Program as a free add-on service. You can either opt in or choose not to participate in the Seeds Program. You hereby acknowledge and agree that, however, under any circumstance, you will not be eligible to receive any refund of the fees paid to purchase the [VIP Course bundle package] by opting out the Seeds Program under the [VIP Course bundle package]. If you would like to cancel the [VIP Course bundle package], your eligibility of any refund will be subject to the then-effective refund policy of the VIP Course.
Applications to terminate your participation and receive a refund on the terms given above shall be made by email to firstname.lastname@example.org.
Other than as stated above, you hereby acknowledge and agree that Udacity will not offer refunds on any fees and charges related to the Seeds Program. We do not guarantee refunds for lack of usage or dissatisfaction. For the avoidance of doubt, in the event that any Project Sponsor terminates a Project due to reasons not caused by you after you have agreed to participate in but before the expiration of the Project term, we will first try to place you to another available Project and your eligibility for a refund of all fees and charges related to the Seeds Program shall be subject to the first paragraph under the Section “Refund”.
You hereby represent and warrant to Udacity that:
(1) You are 18 years of age or older;
(2) The information in your Application Materials (including your resume) and all other information you provide to Udacity or to Project Sponsors about yourself in connection with the Seeds Program is true, accurate, and not misleading;
(3) Your participation in the Seeds Program does not conflict with any of your other commitments, including without limitation any terms of employment you may have with employers and any terms of confidentiality and non-competition to which you may be bound; and
(4) Your participation in the Seeds Program is on your own account, out of your own interest for professional development and job-seeking, and you have no intention, and have not received a mandate or instructions from any other person, to use or disclose anything about the Seeds Program, Project Sponsors or Projects for any other purpose.
THE SEEDS PROGRAM AND THE SERVICES (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 SEEDS PROGRAM AND THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SEEDS PROGRAM AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SEEDS PROGRAM AND THE SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE SEEDS PROGRAM AND THE SERVICES WILL RESULT IN ANY INTERVIEW, PARTICIPATION OF ANY PROJECT OR POST-PROJECT PARTICIPATION EMPLOYMENT WITH ANY PROJECT SPONSOR, (D) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SEEDS PROGRAM AND THE SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (E) THAT DEFECTS IN OR ON THE SEEDS PROGRAM AND THE SERVICES WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE SEEDS PROGRAM AND THE SERVICES.
You understand and agree that Udacity has no control over the conduct of Project Sponsors. You agree that Udacity shall not be liable to you for any losses incurred or suffered by you arising from or in any way connected with the conduct of any Project Sponsor, in particular, but without limitation to, any such losses arising from or in any way connected with:
(1) failure of the Project Sponsor to meet any requirements or expectation of the Student;
(2) any act or omission of any Project Sponsor, whether willful, negligent, fraudulent, dishonest, reckless or otherwise; or
(3) any loss, damage, expense or delay incurred or suffered by any Project Sponsor for which the Project Sponsor seeks recompense or reimbursement from the Student.
UNDER NO CIRCUMSTANCES SHALL UDACITY BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY UNFORESEEABLE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR COST OF STUDENT TO PARTICIPATE IN THE PROJECT (INCLUDING WITHOUT LIMITATION ANY HOUSING AND TRANSPORTATION COST) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. UDACITY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY UDACITY FROM THE COMPLAINING STUDENT FOR THE SERVICES; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT UDACITY WOULD NOT ENTER INTO THESE TERMS OR MAKE THE SEEDS PROGRAM AND THE SERVICES AVAILABLE TO THE STUDENT WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
You agree to indemnify, defend and hold harmless Udacity, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party (including without limitation any Project Sponsor) relating to or arising out of (a) any acts or omissions by you in violation of these Terms, (b) your use or attempted use of any code, program, data, information or any other content provided or developed in the Seeds Program or in a Project in a manner inconsistent with these Terms, (c) your use or your violation of any law or rights of any third party, or (d) the information you post or otherwise make available in connection with the Seeds Program or a Project, including without limitation any claim of infringement of intellectual property or other proprietary rights.
You agree that Udacity, in its sole discretion, may deactivate your account or otherwise terminate your participation in the Seeds Program or use of the Services, if Udacity believes that you have (a) breached these Terms; (b) infringed the intellectual property rights of a third party; or (c) violated or acted inconsistently with these Terms or any applicable code of conduct. You agree that any deactivation or termination of your access to the Seeds Program or the Services may be effected without prior notice to you and that Udacity shall not be liable to you nor any third party for such termination. You also acknowledge that Udacity may retain and store your information on Udacity’s systems notwithstanding any such termination. If you disagree with Udacity’s decision, you may contact us via email@example.com.
By participating in the Seeds Program, you agree to abide by the Udacity Honor Code (available at: https://www.udacity.com/legal/community-guidelines ) (“Honor Code”) and all applicable law with respect to your participation in the Seeds Program and to notify Udacity immediately at firstname.lastname@example.org if you become aware of any violations of the Honor Code or of any applicable law by any Student, Project Sponsor, or other participant in the Seeds Program.
Udacity may freely transfer or assign any portion of its rights or delegate its obligations under these Terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without the prior written consent of Udacity.
These Terms shall be governed by, construed and enforced in accordance with the laws of People’s Republic of China (“China”), as it is applied to agreements entered into and to be performed entirely within China and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Udacity, you or any third party to enforce these Terms, or in connection with any matters related to the Seeds Program and the Services, shall be subject only to the jurisdiction of the competent courts located in China.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Udacity shall have no liability under these Terms to the extent arising from any failure of Udacity to perform any of its obligations under these Terms due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Udacity’s reasonable control. Udacity shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page.
Any delay or failure on the part of Udacity to enforce any rights under these Terms to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
These Terms constitute the entire agreement between you and Udacity relating to the matters set forth herein, and shall not be modified except with the agreement of the parties.
Any notice which may be required to be given to us under these Terms may be sent to us by writing or emailing to the following addresses: No. 01, 23/F, Tengda Plaza, 168 Xizhimenwai Avenue, Beijing, China
The section titles herein are displayed for convenience only and have no legal effect.
These Terms were last updated on March 19, 2019.