1. PURPOSE AND SCOPE

These terms of use, together with our privacy policy available at www.mooctivity.com/privacy/ and incorporated herein by reference (the “Privacy Policy” and, collectively with the terms of use and as each may be amended from time to time, the “Terms of Use” or “Agreement”), govern your use of www.mooctivity.com, including any content, features, functionalities and services offered on or through www.mooctivity.com and any extensions of this URL, subdomains, and mobile versions thereof (collectively, the “Site”), whether as a guest or a registered member (collectively, the “users”).

For purposes of these Terms of Use, “use” of the Site means accessing, viewing, browsing, registering and any other form of use of the Site, and “content” includes, but is not limited to, articles, information, statements, data, text, software, products, technology, processes, music, sounds, photographs, images, videos, graphics, communications, messages, ratings, comments, reviews, posts, links, animations, logos, and any other materials available on or through the Site.

Please read these Terms of Use carefully before you start to use the Site. These Terms of Use contain important information about your rights and obligations.

PLEASE BE AWARE THAT BY USING THE SITE OR CLICKING ON THE “SIGN UP” OR “SIGN IN” BUTTON, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH THE OWNERS OF THE SITE (“MOOCTIVITY”, “WE” or “US”) BASED ON THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SITE OR CLICKING ON THE “SIGN UP” OR “SIGN IN” BUTTON, YOU WARRANT THAT (A) YOU ARE AT LEAST EIGHTEEN YEARS OF AGE, AN EMANCIPATED MINOR OR IN POSSESSION OF CONSENT BY A LEGAL PARENT OR GUARDIAN (AND IN ANY CASE, OVER THE AGE OF THIRTEEN AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN), (B) YOU HAVE THE LEGAL CAPACITY TO BE BOUND BY THIS AGREEMENT AND ENTERING INTO THIS AGREEMENT WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY, (C) YOU ARE NOT CURRENTLY RESTRICTED FROM THE SITE, OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT WITH THE SITE (“ACCOUNT”), (D) YOU ARE NOT A COMPETITOR OF MOOCTIVITY OR ARE NOT USING THE SITE FOR REASONS THAT ARE IN COMPETITION WITH MOOCTIVITY, (E) YOU SHALL USE THE SITE IN ACCORDANCE WITH THIS AGREEMENT, AND (F) ALL INFORMATION SUPPLIED BY YOU TO ACCESS THE SITE OR WHILE USING IT IS TRUE, COMPLETE, ACCURATE AND UP-TO-DATE AND YOU AGREE TO KEEP IT UPDATED. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACCEPT AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, WITHOUT LIMITATION, ALL OF THE PROVISIONS OF THESE TERMS OF USE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE MAY BE SUBJECT TO ADDITIONAL AND/OR REVISED TERMS AND CONDITIONS. IF YOU ARE USING THE SITE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU ARE NEVERTHELESS INDIVIDUALLY BOUND BY THESE TERMS OF USE EVEN IF YOUR COMPANY HAS A SEPARATE AGREEMENT WITH US. BY CLICKING ON THE “SIGN UP” OR “SIGN IN” BUTTON, YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR CLICK OF THE “SIGN UP” OR “SIGN IN” BUTTON AS ONE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE), YOU MUST NOT USE THE SITE OR CLICK ON THE “SIGN UP” OR “SIGN IN” BUTTON.

2. CHANGES TO THESE TERMS OF USE

We may from time to time revise, amend, adapt, update, add or remove all or part of these Terms of Use in our sole discretion.

Any such changes are effective immediately when we post them on the Site, and apply to any use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to be bound by, and to comply with, without limitation, all of the changes made to the Terms of Use.

Please periodically check the Site to take notice of any changes we made to the Terms of Use, as they are binding on you.

3. CHANGES TO THE SITE

We may update, improve or change the Site at any time.

However, please note that any of the content on the Site may be out-of-date at any given time, and we are under no obligation to update it.

We do not guarantee that the Site will be free from errors or omissions.

4. ACCESS TO THE SITE

Access to the Site is permitted on a temporary basis. We reserve the right to suspend, withdraw, discontinue or amend all or part of the Site, at any time in our sole discretion and without notice and/or compensation. We will not be liable to you if, for any reason, all or part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to any users, including registered members.

You are responsible for making all arrangements necessary for you to have access to the Site, including bearing the cost of any equipment, software, mobile access and internet access necessary to use the Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

5. YOUR ACCOUNT AND PASSWORD

To access the Site or any particular content, feature, functionality and service offered on or through the Site, you may be asked to open an account and to provide certain registration details and other information.

If you choose, or are provided with, a username, password or any other information as part of our security procedures, you must keep such information secure and confidential and you must not disclose it to any third party. You also acknowledge that your account is personal to you and agree not to provide any other person with access to all or part of the Site using your username, password or any other security information.

You agree to notify us immediately of any unauthorized access to or use of your username, password or any other security information or any other existing or potential breach of security by emailing us at [email protected] (subject line: “Breach of Security”). You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username or password or other personal information.

You also agree to:

A. Only maintain one account at any given time;

B. Not use another user's account;

C. Not sell, trade, or transfer your account to another party; and

D. Not charge anyone for access to any part of the Site.

You are responsible for anything that happens through your account until you disable your account or prove that your account security was compromised due to no fault of your own.

We have the right to disable any username, password, or other security information, whether chosen by you or allocated by us, at any time in our sole discretion for any or no reason, including if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

If you no longer wish to use the Site, you may also disable your account upon notice to us by email at [email protected] (subject line: “Disable Account”). This notice will be effective upon our processing of your notice.

6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all right, title and interest in and to the Site and all associated intellectual property rights are owned by us or relevant third parties or users and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. In particular, the compilation (understood as the selection, collection, arrangement and assembly) of all the content of the Site is our exclusive property and is protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Except with respect to any content you own, these Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not, by yourself or through any third party, license, rebrand, sub-license, use, copy, reproduce, publish, disclose, distribute, prepare derivative works of, reverse design or engineer, adapt, modify, improve, remove, retain, add, process, analyze, compile or collect in a database, commercially exploit, rent, lease, sell, transfer, display, or transmit all or any part of the Site (excluding any content you own), except as follows:

A. Your computer may temporarily store copies of such content in RAM incidental to your accessing and viewing such content;

B. You may store files that are automatically cached by your web browser for display enhancement purposes;

C. You may print one copy, and may download extracts, of any page(s) from the Site for your personal, non-commercial use and you may draw the attention of others within your organization to content shared on the Site;

D. If we provide social media features with certain content, you make take such actions as are enabled by such features; and

E. In each case, our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

Except with respect to any content you own, you must not:

A. Modify the paper or digital copies of any content you have printed or downloaded from the Site in any way;

B. Use any non-textual content (such as music, sounds, photographs, images, videos or graphics) separately from any accompanying text; or

C. Delete or alter any copyright, trademark or other proprietary right notices from copies of content from the Site.

You must not access or use for any commercial purposes any part of the Site (excluding any content you own).

If you print, copy, modify, download or otherwise use or provide any other person with access to all or part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of such content.

No right, title or interest in or to the Site (excluding any content you own) is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms of Use is a breach thereof and may violate copyright, trademark and other laws.

7. PRIVACY POLICY

Your use of the Site is subject to our Privacy Policy, available at www.mooctivity.com/privacy/ and incorporated herein by reference, which sets out the terms on which we process any information we collect from you or that you provide to us, including any personal information. Please review our Privacy Policy carefully.

Please note that certain content which you may share on the Site might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you.

By using the Site or clicking on the “Sign Up” or “Sign In” button, you acknowledge that your sharing of any content to us is voluntary on your part and you consent to our processing of your information in accordance with our Privacy Policy. In particular, you agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any Interactive Services (as such term is defined below) on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

8. ACCEPTABLE USE POLICY

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

A. In any way that violates any applicable laws or regulations;

B. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

C. To send, knowingly receive, upload, download, share, use or re-use any content which does not comply with the content standards set out below (the “Content Standards”);

D. To transmit, or procure the sending of, any advertising or promotional content without our prior written consent, including, but not limited to, any “junk mail”, “chain letter”, “pyramid scheme” or “spam” or any other form of solicitation;

E. To impersonate or attempt to impersonate us, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);

F. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or may expose us or them to liability; or

G. In any way that infringes any rights of any third party.

Additionally, you agree not to:

H. Use the Site in any manner that could disable, overburden, damage, or impair the Site or disrupt or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

I. Use any automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the content on the Site;

J. Deep-link to any part of the Site for any purpose without our prior written consent;

K. In any way simulate the appearance or function of the Site or in any way incorporate any part of the Site into any other Site;

L. Use any manual device, process or means to monitor or copy any of the content on the Site or for any other unauthorized purpose without our prior written consent;

M. Collect or store information, including personal information, about other users for commercial purposes and/or without such users' express consent;

N. Use any device, software or routine that interferes with the proper working of the Site;

O. Misuse the Site by attempting to or actually overriding any security component included in or underlying the Site or introducing any viruses, trojan horses, worms, logic bombs or other content which is malicious or technologically harmful;

P. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

Q. Obtain or attempt to obtain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer system, network, or database connected to the Site;

R. Access or attempt to access the Site by any means other than through the interfaces provided to you by Mooctivity for this purpose; or

S. Otherwise interfere or attempt to interfere with the proper working of the Site or place an unreasonable load on the Site's infrastructure.

In the event of a breach of (O), (P) or (Q) above, your right to use the Site will cease immediately.

9. CONNECTIONS AND INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users. We may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through use of the Site or otherwise limit your use of the Site.

We reserve the right, but have no obligation, to monitor disputes between you and other users and to restrict, suspend, or disable your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.

10. SHARING CONTENT

The Site may contain course comment and review pages, member profiles, and other interactive features (collectively, the “Interactive Services”) that allow users to upload, issue, post, submit, place online, publish, display, send, transmit, or make available in any other way (collectively, to “share”) their content with other users or other persons on or through the Site (any such content, “User Content”). All User Content must comply with the Content Standards set out in these Terms of Use.

You own all of your User Content and may delete any such User Content at any time through your account, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other users.

By sharing your User Content on or through the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, non-exclusive, irrevocable, perpetual, unlimited, transferable, sub-licenseable, fully paid up and royalty-free license to use, copy, reproduce, publish, disclose, distribute, prepare derivative works of, reverse design or engineer, adapt, modify, improve, remove, retain, add, process, analyze, compile or collect in a database, commercially exploit, rent, lease, sell, transfer, display, or transmit (in each case, in any way now known or in the future discovered) any such User Content, in whole or in part, including without limitation for promoting and redistributing all or part of the Site (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or any third parties.

You warrant that:

A. Your User Content does not include any content that you do not have the right to disclose or make available under any applicable law or regulation 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 non-disclosure agreements). You own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and

B. All of your User Content does and will comply with these Terms of Use, including the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any User Content you share on or through the Site is at your own risk.

We have no obligation to store, maintain or provide you a copy of any User Content you share when using the Site.

You understand and acknowledge that you are responsible for any User Content you share on or through the Site, and you have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to you or any third party for any User Content or legality, reliability, accuracy and appropriateness of any User Content shared by you or any other user of the Site.

We are not responsible or liable to you for another user's misuse or misappropriation of any User Content you share on or through the Site.

The views expressed by any users on the Site do not represent our views or values.

11. CONTENT STANDARDS

These Content Standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable laws and regulations.

Without limiting the foregoing, User Content must not:

A. Be unlawful, libelous, defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

B. Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

C. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person;

D. Violate the legal rights (including the rights of publicity, privacy and confidentiality) of others or contain any content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;

E. Be likely to deceive any person;

F. Promote any illegal activity, or advocate, promote or assist any unlawful act;

G. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

H. Impersonate any person or misrepresent your identity or affiliation with any person or entity, past or present;

I. Without our prior written consent, involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

J. Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

12. MONITORING AND ENFORCEMENT

We have the right to:

A. Remove or refuse to post any User Content for any or no reason in our sole discretion;

B. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the rights, property or personal safety of any users of the Site, the public or us or could create liability for us;

C. Disclose your identity or other information about you in accordance with our Privacy Policy, including when we have a good faith belief that disclosure is reasonably necessary (i) to respond to claims of a violation of the rights of third parties or (ii) to cooperate with law enforcement or court authorities or comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures. YOU WAIVE AND HOLD US AND ANY OF OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS BY US OR ANY OF THE FOREGOING PARTIES AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR ANY OF THE FOREGOING PARTIES OR ANY LAW ENFORCEMENT OR COURT AUTHORITIES.

D. Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site; or

E. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use or if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.

However, we do not undertake to review all content before it is shared on the Site, and cannot ensure prompt removal of objectionable content after it has been shared. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

13. NO RELIANCE ON CONTENT

The content available on or through the Site is provided for general information purposes only. It does not constitute any form of advice or recommendation on which you should rely in making (or refraining from making) any decisions based on such content. You must make your own decisions on whether or not to rely on any content from the Site.

Any reliance you place on the content available on or through the Site is strictly at your own risk. We do not warrant that such content is true, complete, accurate, up-to-date or useful. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other user of the Site, or by anyone who may be informed of any of its contents. We are not responsible for any errors or omissions or for the results obtained from the use of such content.

The Site may include content provided by third parties, including content provided by other users, bloggers or third parties. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. Such content does not reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

14. LINKING TO THE SITE

You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on the Site other than as set out above, please contact us at [email protected] (subject line: “Use of Content”).

15. NOTIFICATIONS AND SERVICE MESSAGES

For purposes of important notices about the Site or messages relating to the availability of services, security, or other service-related issues, we will notify you by sending you an email at the last email address that you provided us or prominently posting a notice on the Site. You also agree that we may communicate with you through your account or through other means available about your account or services associated with the Site.

You are responsible for ensuring that we have an up-to-date active and deliverable email address for you.

You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site.

16. LINKING FROM THE SITE

If the Site contains links to websites (including any content, features, functionalities and services offered on or through such websites) provided by third parties, these links are provided for reference purposes only.

We assume no responsibility for the content of third party websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked on the Site, you do so entirely at your own risk and subject to the applicable terms and conditions of use and privacy policies for such websites and you agree that this Agreement does not apply to your use of such third party websites.

17. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that content available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) OR TO YOUR DOWNLOADING OF ANY CONTENT SHARED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY OR FUNCTIONALITY OF THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE).

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOUR USE OF THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) IS STRICTLY AT YOUR OWN RISK. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE BY OTHER USERS OF THE SITE; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION ON LIABILITY

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH THE SITE) OR ANY WEBSITES LINKED TO IT (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CONTENT, FEATURE, FUNCTIONALITY AND SERVICE OFFERED ON OR THROUGH SUCH WEBSITES), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. INDEMNIFICATION

You agree to indemnify us, keep us indemnified, defend us and hold us harmless from and against any and all claims, damages, liabilities, judgments, awards, losses, costs, expenses or fees (including, but not limited to, legal fees and costs) (whether or not foreseeable or avoidable) incurred or suffered by us and any claims or legal proceedings which are brought or threatened, arising out of or in relation to any breach by you of these Terms of Use or your use of or conduct on the Site, including, without limitation, your sharing of User Content, any activity in which you engage on or through the Site, or your use of any content available on or through the Site.

20. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. ENTIRE AGREEMENT

These Terms of Use (including, for the avoidance of doubt, our Privacy Policy incorporated herein by reference) constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

22. GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any conflict of law provision (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Site or these Terms of Use shall be instituted exclusively in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any and all objections as to inconvenient forum.

23. CONTACT US

For any queries, comments or concerns about these Terms of Use, please contact us by email at [email protected] (subject line: “Terms of Use”).