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 ExploreGate 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.
6.1. 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 ExploreGate immediately of any breach of security or unauthorized use of your Account.
6.2. The Site includes an invitation service that enables you to identify others in your organizational network and to invite them to activate an Account. If you choose to invite others using this service, you acknowledge and agree: (i) not to misrepresent your relationship with ExploreGate or make any warranty or representation on behalf of ExploreGate; and (ii) to comply at all times with these Terms.
8. Viewing and Subscribing to Lectures.
8.1. General. You may view Lectures that are posted by third party Lecturers on the Site. You acknowledge that the Lectures are considered User Submissions. Therefore, please be aware that the 'User Submissions' section is relevant to Lectures (in addition to the rest of these Terms). The Site makes available two types of Lectures: (i) Lectures that you may view without charge for free (each a “Free Lecture”); and (ii) Lectures that you may only view if you first pay a subscription fee (each a “Paid Lecture”). Unless a Paid Lecture or Free Lecture is separately referred to, all references herein to a Lecture shall include both a Paid Lecture and a Free Lecture. Your access to and use of a Lecture is governed by and is subject to all of these Terms, which you agree to comply with.
8.2. Paid Lectures.
(i) You may only view a Paid Lecture if you first pay the Lecture subscription fee as displayed on the Site (“Lecture Subscription Fee”).
(ii) The number of permitted viewers of a Paid Lecture is limited to the number of paid licensees as displayed on the online order form which you must complete as part of the Paid Lecture subscription process ("Licensees"). You agree not permit any person other than a Licensee to view a Paid Lecture. If you are not a Licensee you agree not to view a Paid Lecture.
(iii) If you subscribe to a Paid Lecture then you will only be able to view the Paid Lecture for the subscription period displayed on the Site ("Subscription Period"). If you wish to view a Paid Lecture following the expiration of the Subscription Period then you will need to pay a new Lecture Subscription Fee.
8.3. 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 ExploreGate; and (iv) we do not review or verify the qualifications, credentials, expertise, experience, ability, or suitability of any Lecturer. ExploreGate 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 ExploreGate with respect to your reliance on and use of (or inability to use) any Lecture.
8.4. Lecture Supplements. You may be able to view, subscribe to and/or download certain documents and files in connection with a Lecture (each a “Supplement”). Some Supplements may only be accessible if you pay the related fee that is displayed on the Site. You acknowledge and agree that each Supplement is considered a User Submission.
8.5. Contacting Lecturers. The Site may make Lecturers' email addresses available to you in order to allow you to contact them in connection with their respective Lectures. You agree that you will not use such email addresses for any other purpose. You further acknowledge and agree that if you choose to send a message(s) to such email addresses, the email will be sent directly from the email address registered on your Account, and accordingly the Lecturer receiving such email will be able to contact you at such address.
9. Advertising on the Site and in Lectures.
9.1. General. The Site enables you and other third parties (collectively, "Advertisers") to advertise goods and services on the Site and in Lectures ("Advertisements").
9.2. Publishing and Viewing Advertisements. You acknowledge that Advertisements are considered User Submissions. Therefore, please be aware that the 'User Submissions' section is relevant to Advertisements and if you choose to publish or view an Advertisement you must comply with that Section (in addition to the rest of these Terms).
9.3. Advertisement Fee. If you wish to publish an Advertisement on the Site or in a Lecture you must pay the Advertisement fee ("Advertisement Fee") which is displayed on the Site.
10. Payments to ExploreGate.
10.1. General. Except as expressly set forth in the Terms, your general right to access to the Site hereunder is currently for free, but ExploreGate may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
10.2. Payments. If you choose to purchase or subscribe to a product or service that we offer on the Site (including, without limitation, if you buy an Advertisement or subscribe to a Paid Lecture) then you acknowledge and agree: (i) that we may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current payment information for (a) yourself, or (b) another person or entity, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third party service providers (such as PayPal) to process transactions on our behalf; (iv) that the prices displayed on the Site may change at any time; (v) except as expressly set forth herein, all payments are final and non-cancellable or non-refundable; and (vi) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.
10.3. Refund Policy. You acknowledge and agree that any fees and/or payments paid by you to ExploreGate in connection with your use of the Site and any services that we offer (including without limitation any Advertisement Fee and Lecture Subscription Fee), are non-refundable. Notwithstanding the foregoing, if you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, or, in any event, you may send an email to us at email@example.com. Please be aware that we will not consider any such request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy and our sole liability, refund you that amount.
11. Intellectual Property Rights.
11.1. 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 ExploreGate and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. 'ExploreGate', the ExploreGate logo, and other marks are Marks of ExploreGate 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.
11.2. 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.
12. User Submissions.
12.1. 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.
12.2. License to User Submissions. By posting, publishing or uploading your User Submissions to the Site, or submitting your User Submissions to ExploreGate, you hereby grant ExploreGate a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and ExploreGate's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
12.3. 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 ExploreGate is not the owner of, or responsible for, that User Submission.
12.4. 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.
12.5. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize ExploreGate 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.
12.6. 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.
12.7. 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 ExploreGate 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 ExploreGate with respect to (i) and (ii) herein.
12.8. 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.
13. 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.
14. 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 ExploreGate, its users or the public.
15.2. Links From Other Websites. ExploreGate 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 ExploreGate or present any false information about ExploreGate 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.
17. 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.exploregate.com/copyright ("Copyright Notice").
18. Warranty Disclaimers.
18.2. 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 EXPLOREGATE 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 EXPLOREGATE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. EXPLOREGATE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
18.3. 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.
19. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) EXPLOREGATE 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 EXPLOREGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EXPLOREGATE 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 EXPLOREGATE 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.
20. Indemnity. You agree to defend, indemnify and hold harmless ExploreGate 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.
21. Term and Termination. These Terms are effective until terminated by ExploreGate or you. ExploreGate, 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). ExploreGate 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 21 and sections 5 ('Restrictions'), 11 (Intellectual Property Rights), 12.2 (License to User Submissions) to 12.5 ('Prohibited Content'), 16 (Privacy) to 20 (Indemnity) and 22 (Independent Contractors) to 25 (General) shall survive termination of these Terms.
22. Independent Contractors. You and ExploreGate are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ExploreGate. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of ExploreGate.
23. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by ExploreGate without restriction or notification to you.
24. Governing Law and Disputes. These Terms and the relationship between you and ExploreGate 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 ExploreGate may seek injunctive relief in any court of competent jurisdiction.
25. General. ExploreGate 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 ExploreGate 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: 10 February 2013