TERMS OF SERVICE
1. Eligibility: You must be at least eighteen (18) years of age to register as a member of Youtumi.com or use the Service. Membership in the Service is restricted to natural persons. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
5. Membership: Registration on Youtumi.com is FREE. When you register for an account on Youtumi.com, you become a Member of Youtumi.com. At the time of registration you may choose to become a Member either as a Subject Matter Expert (Teacher) or a Student.
a. All information you include in your Member profile, including without limitation the information about your PayPal ID, contact address etc, must be accurate, current and complete. If information provided to Youtumi.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Youtumi.com of such change by sending an email to the site administrator – [email protected] or using the contact form on the Youtumi.com website (www.youtumi.com/contact)
b. Username and Password: You may select any username and password, however we may refuse to grant to you some usernames, which in our sole and absolute discretion is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, and are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid at any time both during and after registration. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR USERNAME AND/OR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR USERNAME AND PASSWORD, TO ANY THIRD PARTY. If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us by e-mailing [email protected] or us using the Contact Us form on www.youtumi.com. Youtumi.com will not be liable for any loss or damage arising from your failure to comply with this provision. 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 password or other personal information.
c. Termination: Except as otherwise detailed on the Site, you may terminate your Account or Service at any time. Such notice will not affect charges submitted before Youtumi.com could reasonably take action in response to your notice. Your non-termination indicates your acceptance for continued use of the Services
d. Individual membership details and responsibilities are listed below:
i. Student Membership: Students on Youtumi.com are buyers. They post questions using Youtumi.com platform and let Teachers (Subject Matter Experts or “SME’s”) respond with why they are a good fit to answer the student’s question. Specifically, the Students indicate their “Willingness to Pay” or “WTP©” for each question and each session for which they have requested services from a Subject Matter Expert. The Student membership entitles them to use the Student home page on Youtumi.com where a variety of Services are available to post a question, communicate with teachers and negotiate pricing, credentials with teachers before confirming a video conference with the teacher. Before ‘awarding’ or confirming a session with a particular teacher, the Student needs to pay via PayPal, the negotiated price that is agreed upon between the student and teacher. Upon payment, the video conference is scheduled between student and teacher and both parties are notified of upcoming session, which they attend at the time of the conference by clicking on the “Join Conference” Link in their notification. The Student home page also has Spending Report which enables the Student to review their spend.
ii. Subject Matter Expert (Teacher) Membership: Teachers on Youtumi.com are Subject Matter Experts on a variety of topics such as Arts, Music, Science and Technology, Literature etc. When one registers as a Teacher, they are entitled to services that are available on the Teacher home page which includes ability to view the questions posted by the Students and respond to the questions, communicate with the students regarding their credentials etc. and also to view reports of their earnings.
iii. Teacher Profile: Upon registration, the Teacher is required to fill out their profile information including a photograph, prior experience, credentials etc. that allow Students to better assess their expertise in order to select them for a question. By registering as a Teacher, you authorize a background check to verify the accuracy of the information provided to be conducted by Youtumi.com if needed, contractors or authorized third-parties. Youtumi.com reserves the right to reject Teacher or Student membership for any reason.
As an Expert, you agree, acknowledge, represent and warrant that:
- Youtumi.com shall have the sole right and responsibility for withholding commissions and processing all Teacher Fees using the PayPal Account you provide on the Site
- Youtumi.com may when and where necessary debit your PayPal, credit card or third party money transmitter account for any refund or credits when it finds, in its sole and absolute discretion that you have violated, failed to adhere or otherwise breached this Agreement. Any such decision by Youtumi.com will be final and binding on the Expert
- All communications and/or representations made by you in connection with any listing of Classes on the Site, promotions to Students and/or in relation to any expertise or knowledge your possess will be accurate and contain all disclosures and disclaimers necessary to prevent such promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with your country's laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules
- Except as provided for by our Services, you will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage Users to pay for any Class
- You assume sole responsibility for obtaining and maintaining all relevant and necessary licenses and permits associated with any business operations as an Expert.
- You agree and acknowledge that Youtumi.com, in its sole discretion, may suspend your Expert Account or hold any or all Expert Fees credited to your Account if Youtumi.com suspects or has reason to believe and/or if a person otherwise claims that you have been involved with any of the following:
§ Illegal activity or misleading activities, including but not limited to, fraud, spam, insider trading, drugs, smuggling, arms, banned or controlled substances or other illicit commercial activities or any other activity which violates any federal, state, local or foreign law whether currently in effect or hereafter enacted or amended;
§ Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection and commercial activities;
§ A breach of any term of this Agreement or otherwise violating Youtumi.com’s or PayPal’s rules or policies or interfering with Youtumi.com's business; or
§ Receiving poor or low reviews by Students, in line with the Site’s Expert review policies as may be posted to the Site and thereafter amended from time to time
iv. Membership Fee: Its free to register on Youtumi.com
v. Commissions: Youtumi.com pays Teachers after deducting a commission that is listed in the Pricing page on www.youtumi.com. All users who are registering as Teachers must agree to the Pricing that is posted on Youtumi.com. Payments to teachers are made within 30 (thirty) days of the “successful” completion of the session between the Student and Teacher. Successful completion means that Student and Teacher have attended the conference at the agreed time, Student has successfully paid for the session and there is no dispute logged by either party (Teacher or Student) after the completion of the session. Youtumi.com may choose to disburse payments more frequently, such as making payments every 14 days, but is under no obligation to do so. Payments are made in US dollars. Youtumi.com’s commission and pricing policies may be changed from time to time without notice, including without limitation, transaction fees, charge backs, bad debt, taxes, commissions, referral fees and technology fees related to the Service. By registering as a Teacher you agree to abide by the pricing policy and to the commissions set forth by Youtumi.com which will be listed on the Pricing page (www.youtumi.com/pricing). To the extent any dispute arises regarding the conference call between the Parties (Teacher and Student), you hereby agree that Youtumi.com’s decision with respect to the amounts to be paid shall prevail and control.
vi. Relationship between Youtumi.com and Teachers. THE TEACHERS REFERENCED IN THIS AGREEMENT AND THROUGH THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Youtumi.com. Youtumi.com IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF TEACHERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
6. Pricing: Youtumi.com charges a fixed commission in addition to the commission charged by PayPal for every transaction between Student and Teacher that is posted on the www.youtumi.com/pricing page. A transaction is a payment from a Student to Teacher when a topic or question is awarded to the Teacher. The commissions charged by Youtumi.com and PayPal may change from time to time and will be updated on the pricing page on youtumi.com (www.youtumi.com/pricing) and is effective immediately. It is the user’s responsibility to check the Pricing pages before using the services on www.youtumi.com.
7. Disputes: Given the subjective nature of the conversations that happen between a Student and Teacher, it is often hard to determine which party’s information is valid. There may be situations where the Student may log a dispute for any reason such as Teacher not attending the conference or Teacher not speaking satisfactorily or for any other reason. In all such cases, Youtumi.com will evaluate the situation and get feedback from both parties and will ultimately take a decision. In all situations, Youtumi.com’s decision is final and all users of Youtumi.com waive their right to dispute Youtumi.com’s final decision. All disputes have to be logged within one calendar week (consisting of seven (7) business days) of completion of the scheduled conference. After a week, the users waive their right to any refunds. In some cases, Youtumi.com may decide to refund full/part of the Student fees in situations where the Teacher does not show up for the scheduled conference. In such cases, PayPal refund fees ($0.30/per transaction) are withheld and the remaining is paid back to the Student.
8. License to Use the Site: As a registered User on the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. Youtumi.com retains the right to terminate this license, without notice, in its sole and absolute discretion, at any time for any reason whatsoever. Youtumi.com also reserves any rights not explicitly granted in this Agreement.
9. Termination: Youtumi.com may decide at any time in its sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or its Services, for any reason, including but not limited to violations of this Agreement. Youtumi.com may or may not provide notice to the User of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration. Such termination is effective when executed by Youtumi.com or upon transmittal by Youtumi.com. However, your obligations of indemnification pursuant to this Agreement shall survive the termination of your Account or this Agreement.
Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of this Agreement for the time period prior to your request and during the time period needed for Youtumi.com to reasonably act to comply with your request.
10. Content: Any content listed, uploaded, posted, submitted or made available by a User is that of the respective User and not of Youtumi.com and should not necessarily be relied upon. Such User is solely responsible for the accuracy, completeness or usefulness of such content. Youtumi.com does not guarantee the accuracy, completeness or usefulness of any information made available by Users and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site.
You acknowledge, understand and agree that Youtumi.com will not be responsible for, and you agree to hold Youtumi.com harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted, taught, streamed, watched or otherwise submitted on the Site. You may access content solely for your information and personal use and at your own risk.
11. Proprietary Rights. Youtumi.com and its licensors own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “material”) that is protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Youtumi.com material. Youtumi.com material does not include User Content (as defined below) or other content submitted by users. Youtumi.com retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or Youtumi.com materials, except for the limited rights set forth in this Agreement.
12. Content posted by the Users: All users of Youtumi.com must abide by the following rules for posting content on the Youtumi.com website. Posting content refers to updating information in any part of the website via email, message boards, blogs, testimonials etc. on Youtumi.com domain.
a. Responsibility: The user is solely responsible for the content posted on Youtumi.com
b. Content Moderation: You understand and agree that Youtumi.com may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, "User Content"), in each case in whole or in part, that in the sole judgment of Youtumi.com, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.
c. User content license: By posting User Content to any public area of Youtumi.com, you automatically grant, and you represent and warrant that you have the right to grant, to Youtumi.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non- exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
d. Representation and Warranties: In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize Youtumi.com to use the User Content in the manner contemplated by Youtumi.com and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Youtumi.com and other users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
e. Prohibited User Content and Activity: The following is a partial list of the kind of User Content that is illegal or prohibited on Youtumi.com. Youtumi.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that is:
i. obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband
ii. offensive anatomical or sexual references or offensive language or any confidential information of any third person
iii. impersonation of any person or entity
iv. advertising to or solicitation of Users through the Site or Services for the purpose of directing Users to any other website for any purpose
v."stalking" or otherwise harass any person via the Site or Services
vi. Considered chain letters, spam or junk e-mail
vii. harvesting or collecting personal information about Users, whether or not for commercial purposes, without their express consent
viii. using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services
ix. copyrighted material, trademarks or other proprietary information without obtaining the prior consent of Youtumi.com or the owner of such proprietary rights
x. providing access Submissions to the Site through any technology or means other than through the means provided on the Site itself
xi. removing any copyright, trademark or other proprietary rights notices contained on the Site
xii. interfering with or disrupt the Site or its Services, servers or networks
xiii. posting, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
xiv. transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
xv. promoting information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous
xvi. providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18
xvii. providing instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, insider information etc
xviii. soliciting passwords or personal identifying information for commercial or unlawful purposes from other users
xix. engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
xx. promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files
xxi. harassing or advocates harassment of another person
xxii. patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
xxiii. unlawful or prohibited by this Agreement
xxiv. "framing" or "mirroring" any part of the Service or the Service, without Youtumi.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Youtumi.com or the Service or the site in order to direct any person to any other web site for any purpose
xxv. modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, hacking, spamming, decompiling or otherwise disassembling any portion of the Service or any software used on or for the Service or cause others to do so
13. Release: You hereby release Youtumi.com from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users on the Service. FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
15. Modifications to Service: Youtumi.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Youtumi.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. Blocking of IP Addresses: In order to protect the integrity of the Service, Youtumi.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service
17. Copyright Policy:
a. DMCA Notice. It is Youtumi.com’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Youtumi.com Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements)
b. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service is covered by a single notification, a representative list of such works at that site
d. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Youtumi.com to locate the material
e. Information reasonably sufficient to permit Youtumi.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
f. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
h. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that Youtumi.com may, at our sole discretion, send a copy of such notices to a third-party for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication
i. Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirement:
a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
b) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
c) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Youtumi.com may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person
d) Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability
e) Designated Copyright Agent. Youtumi.com’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached at: [email protected]
i. For clarity, only DMCA notices should go to the Youtumi.com Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Youtumi.com’s customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
ii. Repeat Infringer. Please note that Youtumi.com will promptly terminate without notice any user's or Member's access to the Service if that user or Member is determined by Youtumi.com to be a "repeat infringer." A “repeat infringer” is a user or Member who has been notified by Youtumi.com of infringing activity violations more than once or who has had their User Content or any other user- submitted content removed from the Service more than once. In addition, Youtumi.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
18. Links and Third Party Services: The Service may provide, or third parties may provide, links or functionality in the Service to other websites or third party resources (“Third Party Services”). Because Youtumi.com has no control over Third Party Services, you acknowledge and agree that Youtumi.com is not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that Youtumi.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through Third Party Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Service.
19. Indemnity: You agree to indemnify and hold Youtumi.com, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Youtumi.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Youtumi.com. Youtumi.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Results Not Guaranteed: YOUTUMI.COM DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE SERVICE. YOUTUMI.COM DOES NOT ENDORSE ANY PROGRAM OFFERED THROUGH THE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY SUBJECT MATTER EXPERTS OR OTHER USERS OF THE SERVICE ARE SOLELY ATTRIBUTABLE TO THE SUBJECT MATTER EXPERT OR USER. YOUTUMI.COM IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY ANY SUBJECT MATTER EXPERT OR OTHER USERS on Youtumi.com.
No Warranties: “As Is,” “As Available,” and “With All Faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUTUMI.COM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Operation and Content: YOUTUMI.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. YOUTUMI.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. YOUTUMI.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
User and Member Conduct: YOUTUMI.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL YOUTUMI.COM OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. YOUTUMI.COM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURING AT VENUES OR ANY INTERACTION BETWEEN A USER OF THE SERVICE AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE. YOUTUMI.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
21. Release of Liability for Injury or Death; Limitation on Liability; Damages:
a. Release of Liability for Injury or Death: YOUR PARTICIPATION IN services offered by Youtumi.com IS AT YOUR OWN RISK. NEITHER YOUTUMI.COM NOR SUBJECT MATTER EXPERTS ARE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE SERVICE. YOU RELEASE YOUTUMI.COM AND TEACHERS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A CONFERENCE SESSION ON YOUTUMI.COM SERVICE. YOUTUMI.COM WILL NOT BE LIABLE TO TEACHERS FOR ANY INJURY OR DEATH THAT RESULTS FROM TEACHERS’ USE OF THE SERVICE AND ADVICE PROVIDED TO STUDENTS. YOU RELEASE YOUTUMI.COM FROM ANY SUCH LIABILITY.
b. Limitation of Liability: Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Youtumi.com or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Youtumi.com has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Youtumi.com's liability will be limited to the extent permitted by law.
c. Limitation of Damages: In no event shall Youtumi.com or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to Youtumi.com for the Service in the 1 month prior to the action giving rise to the liability.
a. Notice: Youtumi.com may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given 24 hours after the email is sent, unless Youtumi.com is notified that the email address is invalid. Alternatively, we may give you notice through a mechanism made available through the Service, such as through the use of a pop-up on the Service.
b. No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
c. U.S. Export Controls: Software from this Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
d. Jurisdiction and Choice of Law: In the event of any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Alameda County, for the resolution of any such dispute.
e. Waiver: A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Youtumi.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
f. Survival: All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
g. Entire Agreement: This is the entire agreement between you and Youtumi.com relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement or Guidelines made by Youtumi.com
h. Severability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
i. Assignment: The Agreement, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Youtumi.com without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
j. Headings: The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
k. Claims: YOU AND YOUTUMI.COM AGREE THAT ANY CAUSE OF ACTION OTHER THAN DISPUTES REGARDING INDIVIDUAL CONFERENCES, ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) WEEK AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. Legal Warning: Any attempt by any User to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and Youtumi.com will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity