TERMS OF USE

WEBSITE TERMS OF USE

Welcome to www.yedacenter.com (together with its subdomains, Content, Marks and services, the “Site”).  Please read the following Terms of Use (“Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to YedaCenter (“YedaCenter”, “we”, “our” or “us”). 

1.         Background.  The Site is intended to provide a meeting place for the global community of technology professionals and enables knowledge owners (“Lecturers“) to share their expertise with knowledge consumers (“Consumers“) who are seeking to increase their understanding of applied technology.

2.         Consent and Modification.  By visiting or using this Site, you signify your assent to these Terms.  These Terms apply to all users of the Site, including if you are a Site visitor, Lecturer, Consumer and/or Advertiser (defined below).  If you do not agree to these Terms then please do not access or otherwise use the Site.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes. 

3.         Ability to Accept Terms. 

3.1.      Age Requirement.  The Site is only intended for individuals aged thirteen (13) years or older.  If you are under 13 years please do not visit or use the Site.  If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before using the Service to make sure that you and your parent or guardian understand these Terms and agree to them.  

3.2.      Employer Authority.  If you are entering into these Terms, and/or using the Site, on behalf of your employer or other legal entity, you represent and warrant that you have full authority to: (i) bind said employer or other legal entity to these Terms (if they have not already done so); and (ii) use the Site on behalf of your employer or other legal entity.  If you do not have the foregoing authority please do not accept these Terms or access or use the Site.

4.         Site Access.  For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

5.         Restrictions.  You shall not, and shall not permit any third party to: (i) copy, distribute or modify any part of the Site or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) disrupt any servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (vi) use the YedaCenter name, logo or trademarks without our prior written consent; (vii) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site except as expressly permitted herein, or use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; and/or (viii) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. 

6.         Account.

6.1.      In order to use some of the services of the Site, you may have to create an account (“Account“) and activate such Account via the link sent to the email address specified as part of the Account creation process. While the Site allows you to invite others to activate an Account as described below, you agree not to activate an Account for anyone else or use the Account of another person without their permission.  When creating an Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify YedaCenter immediately of any breach of security or unauthorized use of your Account.

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8.1.      Responsibility for Choosing a Lecture.  You acknowledge and agree that: (i) you are solely responsible for your decision to select, view and rely on a specific Lecture; (ii) we do not make any representation, warranty, or endorsement about a Lecturer or a Lecture, or whether or not the Lecture will meet your needs; (iii) Lecturers are independent third party users of the Site and are not employees, agents or representatives of YedaCenter; and (iv) we do not review or verify the qualifications, credentials, expertise, experience, ability, or suitability of any Lecturer.  YedaCenter shall not liable for any loss or damage caused to you by your reliance on any warranty, representation, advice, information, product or service provided or not provided to you by a Lecturer and Lecturer.  If you choose to view and rely on a Lecture then you do so at your own discretion and risk and you agree to waive any legal or equitable rights or remedies you may have against YedaCenter with respect to your reliance on and use of (or inability to use) any Lecture.

9.       Intellectual Property Rights. 

9.1.   Content and Marks.  The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos interactive features and any comments or other content posted by you or other Site users on the Site (collectively, the “Materials“), (ii) Site products, services and software (collectively, the “Software“), (iii) User Submissions, as defined below (and together with the Materials and Software, the “Content“), and (iv) the trademarks, service marks and logos contained therein (“Marks“), are the property of YedaCenter and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  ‘YedaCenter’, the YedaCenter logo, and other marks are Marks of YedaCenter or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content. 

9.2.   Use of Content.  The Content on the Site (including, without limitation, and for the avoidance of doubt any Lectures and Supplements) is provided to you on an ‘as is’ and ‘as available’ basis for your informational and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein.  If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein.

10.       User Submissions.

10.1.   General.  The Site may permit the submission, hosting, sharing and publishing of Materials by you and other Site users (“User Submissions“).  Each Lecture and Advertisement is considered a User Submission.  Unless a Lecture or Advertisement is separately referred to, all references herein to a User Submission shall include Lectures and Advertisements.

10.2.   Responsibility.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them.  If you are viewing a User Submission you acknowledge and agree that YedaCenter is not the owner of, or responsible for, that User Submission. 

10.3.   Moderation of User Submission.  We have complete discretion whether to publish User Submissions and we reserve the right in our sole discretion and without further notice to, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason. We do not guarantee any confidentiality with respect to any User Submissions, regardless of whether or not it is published.

10.4.   Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize YedaCenter to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms.  Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your User Submissions.

10.5.   Prohibited Content.  You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or is otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) violates export control laws; (vi) is unlawful, known to be false, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) is otherwise malicious or fraudulent; and/or (viii) breaches these Terms.

10.6.   Exposure.  You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that YedaCenter is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against YedaCenter with respect to (i) and (ii) herein. 

10.7.   Spam.  You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

11.       Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

12.       Disclosure.  We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of YedaCenter, its users or the public.

13.       Links. 

13.1.   Links to Other Websites.  The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by YedaCenter.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release YedaCenter from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit, link to or post content on.

13.2.   Links From Other Websites.  YedaCenter permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with YedaCenter or present any false information about YedaCenter and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

14.       Privacy.  We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.yedacenter.com/privacy .  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

15.       Copyright Policy.  It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at: www.yedacenter.com/copyright  (“Copyright Notice“).

16.       Warranty Disclaimers.

16.1.   THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  YEDACENTER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  YEDACENTER DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT YEDACENTER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, YEDACENTER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE. 

16.2.   WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT (INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, LECTURES), PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY, AND WE DISCLAIM ALL LIABILITY FOR ANY SUCH CONTENT.  YOU SPECIFICALLY ACKNOWLEDGE THAT YEDACENTER SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT OF ANY LECTURER OR SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY LECTURER OR SITE USER, IS AT YOUR SOLE RISK.  IF YOU HAVE A DISPUTE WITH ANY LECTURER OR SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT YEDACENTER IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  YEDACENTER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

16.3.   This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

17.       Limitation of Liability.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) YEDACENTER SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF YEDACENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YEDACENTER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO YEDACENTER FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

18.       Indemnity.  You agree to defend, indemnify and hold harmless YedaCenter and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your reliance on or use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

19.       Term and Termination.  These Terms are effective until terminated by YedaCenter or you.  YedaCenter, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  YedaCenter shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.  This Section 19 and sections 5 (‘Restrictions’), 9 (Intellectual Property Rights), 10.5 (‘Prohibited Content’), 14 (Privacy) to 18 (Indemnity) and 20 (Independent Contractors) to 23 (General) shall survive termination of these Terms.

20.       Independent Contractors.  You and YedaCenter are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and YedaCenter.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of YedaCenter.

21.       Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by YedaCenter without restriction or notification to you.

22.       Governing Law and Disputes.  These Terms and the relationship between you and YedaCenter shall be governed by and construed in accordance with the laws of the New York, USA without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that YedaCenter may seek injunctive relief in any court of competent jurisdiction.

23.       General.  YedaCenter reserves the right to discontinue or modify any aspect of the Site at any time.  These Terms shall constitute the entire agreement between you and YedaCenter concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated:  30 march 2019

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